Aug 6, 2019An Employee’s Retirement Plans Do Not Determine The Reasonable Notice Period On May 23, 2019, G.T. Trotter J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Dawe v The Equitable Life Insurance Company of…
Jul 31, 2019Court of Appeal Criticizes Trial Judge’s Conduct In R. v. Ibrahim, 2019 ONCA 631, the Ontario Court of Appeal (Rouleau, Trotter and Zarnett JJ.A.) criticized the deportment of the trial judge in a criminal…
Jul 22, 2019Ontario Launches Consultation on Building More Homes that People Need and Can Afford Today, the Province is kicking off the consultation period for its proposed changes to the Provincial Policy Statement (PPS). These changes are part of the government’s “More…
Jul 17, 2019Transportation Notes: Proposed Discrimination Class Action by Airline Employee May Proceed The British Columbia Court of Appeal recently held that a proposed class action against WestJet commenced by an employee alleging that the carrier failed to prevent harassment…
Jul 16, 2019Security for Costs on Appeal: A “How To” Guide A motion for security for costs can be a powerful tool in a litigator’s arsenal to ensure a client is not left with an unenforceable costs order…
Jul 6, 2019The Standard of Appellate Review for Standard Form Contracts versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525 The SFC Story Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation (“SFC”). Between 2003 and 2011, SFC’s…
Jul 4, 2019Trudeau, Ford Give Canada Day Cannabis Gifts: New Rules for Edibles and Retail Licensing in Ontario As Canadians start to wind down for the summer holidays, Prime Minister Justin Trudeau and Ontario Premier Doug Ford have gifted retailers and consumers with new and…
Jul 3, 2019Court of Appeal Refuses Leave to Appeal Costs Award Which Overshadowed Amount in Issue In Knight v Knight, 2019 ONCA 538, the Court of Appeal released Reasons for Decision refusing to grant leave to appeal from an award of costs of…
Jun 19, 2019Corporate Attribution and Knowing Assistance: Active Participation Required The Supreme Court of Canada recently weighed in on the doctrines of knowing assistance and corporate attribution when it overturned the majority decision of the Ontario Court…
Jun 10, 2019Words Matter: Lessons from the Essilor Decision and Other Musings The word “patient” appears 96 times in the Regulated Health Professions Act, 1991 (“RHPA”).[1] This is not a coincidence or an accident. The RHPA was established by…
Jun 4, 2019“Just Friends” or Something More? Court Finds Shareholders in Closely-Held Corporation Were Dealing at Arm’s Length In 1085372 Ontario Limited v. Kulawick, 2019 ONSC 2344, the Honourable Justice Penny dismissed an action to set aside a transaction under s. 96(1) of the Bankruptcy…
May 29, 2019The Application of Rule 49 Cost Consequences in Expropriation Cases: Shergar v Windsor When land is expropriated, the owner whose land is taken is entitled to be compensated for the fair market value of the land taken, the damage to…
May 27, 2019Canadian Trademarks: A Great Time to File (Part 2) In Part 1 of this article, we noted that the Trademarks Act (Canada) will be overhauled on June 17, 2019. We highlighted that in certain situations it…
May 16, 2019Motions for Partial Summary Judgment: Further Commentary from the Court of Appeal after Butera In its 2017 decision in Butera v. Chown, Cairns LLP,[1] the Ontario Court of Appeal discussed the problems associated with partial summary judgment motions.[2] Specifically, the Court…
May 3, 2019It’s a Small World After All: Obtaining Evidence from Persons Outside Ontario In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in…
May 1, 2019Key Takeaways from One of Canada’s Largest Subrogation Trial Judgments Background On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. (“ISH”). The leak occurred at ISH’s Desan Field, located in Northern B.C. The…
Apr 30, 2019Class Actions in Ontario: Update and Recent Developments Partner Marie-Andrée Vermette discusses recent developments in class actions in Ontario. Click here to read the paper published in Volume 455 – Colloque national sur l’action collective :…
Apr 26, 2019Transportation Notes: Québec Court Rules One Passenger One Ticket Applies in Class Action The Québec Superior Court of Justice recently ruled against Air Canada in a class action brought by passengers with disabilities, their attendants, and obese passengers who were…
Apr 23, 2019New Rules for Charities and their Public Policy Dialogue and Development Activities Charities bring valuable perspectives to public discourse through their services to Canadians and interactions with the most vulnerable. These experiences are vital for the creation of public…
The Final Skirmish in the Trillium Class Action: Class Counsel’s Charge With Respect to Fees and Disbursements Trumps GM’s Prior Perfected Security Interest One of the few Ontario class actions to proceed through trial to judgment and subsequent appeals, the Trillium Motor World Ltd. (“Trillium”) v. General Motors of Canada…
Apr 16, 2019Webinar: Subrogation – Oil & Gas and Construction Claims WeirFoulds’ Subrogation and Recovery Practice Group hosted a webinar discussion on case law and legislation related to Oil & Gas and Construction subrogation losses, as well as strategies…
Apr 3, 2019Legal and Regulatory Issues Facing Building Owners and Property Managers WeirFoulds Partners Jeff Cowan and Ryan Morris, and Associates Lia Boritz and Caitlin Stevens presented a paper on “Legal and Regulatory Issues Facing Building Owners and Property…
Apr 2, 2019Canadian Trademarks: A Great Time to File (Part 1) On June 17, 2019, substantial amendments to the Trademarks Act (Canada) will come into force. Because the Canadian system for registration of trademarks will be overhauled, it…
Mar 25, 2019The Avista and East-West Tie Cases, and Their Implications for the Governance of the Electricity Sector in Ontario Please click here to read the full paper. I Introduction Two recent cases have highlighted a serious weakness in the governance of the electricity sector in…
Mar 22, 2019Budget 2019 In-Depth: Pending Proposals to Limit Preferential Tax Treatment of Employee Stock Options The 2019 Federal Budget announced the Canadian government’s intent to limit the preferential tax treatment afforded to employee stock options that are granted to “high income individuals…
Mar 18, 2019Transportation Notes: Court Rules on Entitlement to Lost Baggage Compensation The Ontario Superior Court of Justice recently ruled that in order to claim damages for lost baggage under the Convention for the Unification of Certain Rules for…
Mar 14, 2019Criminal Records Redux: The New Posting Requirements in the Regulated Health Professions Act Previously, in What You Need to Know about Police Record Checks,[1] we examined the new framework under the Police Record Checks Reform Act, 2015[2] for conducting and…
Mar 13, 2019The Anti-SLAPP Sequel: Updates from the Court of Appeal on s. 137.1 of the Courts of Justice Act On August 30, 2018, the Ontario Court of Appeal released six unanimous decisions, providing the first appellate interpretation of s. 137.1 of the Courts of Justice Act…
Mar 12, 2019Murphy c. Grid Solutions Canada: A Quebec’s motion to dismiss is not intended to replace the trial Recently, WeirFoulds Associate Marie-Pier Nadeau and local counsel successfully opposed a motion seeking the dismissal of our clients’ claim for abuse of procedure in Murphy c. Grid…
Feb 28, 2019Transportation Notes: Class Action Regarding Flight Passes Denied Certification The Québec Superior Court recently declined to certify a class action based on the application of certain sections of the Consumer Protection Act or its Alberta equivalent…
Feb 27, 2019Promises to Repair and Limitation Periods: Extending the Time to Sue A recent decision of the Court of Appeal shows that a defendant’s promise to fix a problem may extend the time limit for bringing a proceeding under…
Feb 22, 2019Webinar: Let’s Mind the Data – Understanding Artificial Intelligence & Machine Learning WeirFoulds, the Canadian Law Technology Association (CAN-TECH) and a cross section of industry professionals discuss Artificial Intelligence and Machine Learning, including the potential ethical implications in the…
Feb 20, 2019The Independence of Expert Witnesses – Part II This article continues the discussion in “The Independence of Expert Witnesses”, which was published on April 2, 2018. Now that we have some case law applying White…
Feb 8, 2019A Refresher on Discoverability Principles Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the Limitations Act, 2002:[i] 5.…
Feb 4, 2019Choose Your Words Wisely: Uber’s Arbitration Clause For Employees Rejected by Ontario’s Court of Appeal On January 2, 2019, Nordheimer J.A., writing for a unanimous panel of the Ontario Court of Appeal, released his decision in Heller v Uber Technologies Inc. The…