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Aug 1, 2010

Damages for Unconstitutional Actions: A Rule in Search of a Rationale

The courts have severely restricted the scope for damages as a remedy for constitutional violations.

Quiz: Workplace Violence and Harassment – New Obligations for Employers under OHSA

Recent amendments to Ontario’s Occupational Health and Safety Act provide heightened health and safety protection for workers.

Jul 30, 2010

Effective Cost Management in Litigation

Changes made to the Rules of Civil Procedure in Ontario in January of this year have given judges a new power to determine key issues in a lawsuit, before a full-blown trial.

Jul 20, 2010

Councillor Successful in Protecting Council Funds

The City of Toronto had no legal power to indemnify two Council members for legal costs incurred in responding to compliance audit requests.

Jul 9, 2010

Case Comment: Try and Try Again CCAA Court Orders Union Members to a Second Vote

Judgment of Quebec Superior Court (June 11, 2010) in restructuring proceedings of AbitibiBowater Inc.

Jun 14, 2010

Legislative Update: Ratepayers Challenge the Constitutionality of Parts of Ontario’s Green Energy Law

An important part of Ontario’s green energy initiative is legislation that seeks to levy a so-called special purpose charge (“SPC”) on ratepayers.

Case Law Update: The Supreme Court of Canada Finds that Administrative Tribunals have the Jurisdiction to Grant “Charter” Remedies

The Supreme Court of Canada has removed any lingering doubts that administrative tribunals have the authority to grant “Charter” remedies.

Jun 1, 2010

Case Law Update: Baryluk v. Warner Bros. et al.

2010 MBQB 66, released 28 April 2010Costs Costs Against a Lawyer Personally

Case Law Update: Piresferreira v. Ayotte

[2010] O.J. No. 2224, released 28 May 2010Employment Law – Causes of Action Negligent Infliction of Mental Suffering Not Available in Employment Context

Case Law Update: Bell Canada v. Rogers Communications Inc.

2010 ONSC 3010, released 27 May 2010Interlocutory Injunctions Irreparable Harm Delay

Legislative Update: Energy Consumer Protection Act, 2010

Ontario Bill 235 received Royal Assent on May 18, 2010. The purpose of the new legislation is to provide safeguards for energy consumers.

International Transport Quiz

Anever smaller world means more multi-jurisdictional litigation, with interprovincial, cross-border, and international business and transport raising many jurisdictional issues.

Case Law Update: R. v. Conway

2010 SCC 22, released 11 June 2010Administrative Law Charter Remedies Jurisdiction of Administrative Tribunals

Case Law Update: Toronto Star Newspapers v. Canada

2010 SCC 21, released 10 June 2010Constitutional Law Mandatory Publication Bans at Bail Hearings do not Infringe the Freedom of Expression Guarantee under the Charter

Case Law Update: Grand River Enterprises Six Nations v. Canada

2010 ONSC 2911, released 18 May 2010Interlocutory Motions – Temporary Stay – Related Proceedings

Case Law Update: United States v. Yemec

2010 ONCA 414, released 8 June 2010Enforcement of Foreign Judgments Defences Meaningful Opportunity to be Heard Equitable Orders Injunctions

Case Law Update: Yugraneft Corp. v. Rexx Management Corp.

2010 SCC 19, released 20 May 2010Enforcement of Foreign Judgments – Arbitration Awards – Limitation Periods

May 6, 2010

First Ontario Energy Board Decision to Consider the Implementation of Ontario’s Green Energy Act

First decision released by the Ontario Energy Board addressing implementation of Green Energy Act.

May 5, 2010

Ontario Court of Appeal Confirms Limits on the Freedom of Publicly Regulated Companies

There is an important distinction between private corporations and publicly regulated corporations (Toronto Hydro-Electric System Limited and the Ontario Energy Board).

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