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Litigation

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Sep 23, 2021

Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccine Certificates That Provides Guidance to Employers

Overview of Policy and Requirements Regarding Mandatory Vaccination As the highly contagious Delta variant of COVID-19 continues to spread, and following a whirl of announcements from federal,…

Sep 21, 2021

Institute Across Borders: Legal Issues and Best Practices for Ontario Lawyers from Around the World – Ontario Bar Association

Kayla Theeuwen, Senior Associate in WeirFoulds’ Commercial Litigation Practice Group will be speaking at a two-day conference titled “Institute Across Borders – Legal Issues and Best Practices…

Sep 20, 2021

Transportation Notes: Court Approves $1.5 Million Settlement of Cathay Pacific Data Breach Class Action

In the recent decision McLean v. Cathay Pacific Airways Limited,[1] the Supreme Court of British Columbia approved a settlement of a class action brought against Cathay Pacific…

Sep 14, 2021

A Cautionary Tale for Employers: Russell v The Brick Warehouse LP

In Russell v The Brick Warehouse LP, 2021 ONSC 4822 Justice Vella of the Superior Court of Ontario awarded a terminated employee $25,000 in moral damages due…

Sep 13, 2021

Where to? Another Trip for Uber as the Heller v Uber Technologies Inc. Class Action Drives Ahead

Following the Supreme Court of Canada’s highly anticipated decision in Uber Technologies Inc. v Heller, 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice…

Transportation Notes: Standing and Waiting – Determination of Passenger Rights Advocate’s Standing to Bring Application Still Stuck on the Tarmac

On July 31, 2017, 20 commercial flights destined for Toronto or Montreal were redirected to Ottawa due to unexpected severe thunderstorms. With the sudden influx of traffic…

Sep 10, 2021

WeirFoulds recognized in Chambers Canada Guide 2022

WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers for Business. In the 2022 edition, five of our partners…

Sep 7, 2021

WeirFoulds’ Commercial Litigation Practice Group lawyers contribute to the Civil Procedure & Practice in Ontario 2021

WeirFoulds Commercial Litigation Practice Group is proud to contribute to Civil Procedure & Practice in Ontario (“CPPO”), a new free online resource jointly published by the University…

Sep 1, 2021

Ontario Extends COVID-19 Employee Paid Infectious Disease Emergency Leave Program

In response to rising COVID-19 cases driven by the Delta variant, the Ontario government has extended its COVID-19 paid infectious disease emergency leave program until the end…

Aug 31, 2021

WeirFoulds’ Partner Raj Datt and Senior Associate Marie-Pier Nadeau successfully uphold $24.3 million trial award for oil pipeline leaks

The Alberta Court of Appeal very recently upheld the 2019 decision of Justice Marriott of the Alberta Court of Queen’s Bench who awarded WeirFoulds’ client, ISH Energy…

Aug 27, 2021

New Ontario Regulation: Employers Must Comply with the Advice of the Chief of Medical Officer of Health Regarding COVID-19 Vaccination Policies

On August 24, 2021, the Ontario government filed O. Reg. 577/21, amending O. Reg. 364/20 (Rules for Areas at Step 3 and at the Roadmap Exit Step).…

Aug 26, 2021

Virtually Together Conference – OECS Bar Association

WeirFoulds Partner Frank Walwyn and Senior Associate Kayla Theeuwen will be speaking at the  2nd Virtually Together Conference on Friday, September 17th. The OECS Bar Association and…

Extreme Family Disfunction: Unintended Consequences in a Winding-Up Case

Some cases are noteworthy for the precedent they set.  Others for the story they tell.  Libfeld v. Libfeld 2020 ONSC 4670 has both. The Court has broad jurisdiction to…

Best Lawyers in Canada recognizes 50 WeirFoulds lawyers in 2022 edition including the new Best Lawyers Ones to Watch category

WeirFoulds congratulates 45 of our lawyers on being recognized in the 2022 edition of Best Lawyers in Canada and five of our senior associates on being recognized…

Aug 25, 2021

WeirFoulds Subrogation & Recovery Group Successfully Upholds $24.3 Million Trial Award for Oil Pipeline Leaks

In 2019, Justice Marriott of the Alberta Court of Queen’s Bench awarded our client, ISH Energy Ltd. (“ISH”) damages in excess of $24 million against its pipeline contract…

Civil Litigation Refresher 2021 – Law Society of Ontario

WeirFoulds Partner Nadia Chiesa will be speaking at the Civil Litigation Refresher being hosted by the Law Society of Ontario on October 4, 2021. More than ever,…

Aug 19, 2021

Here’s the Drill: Commingling of Funds – Carillion Canada

On June 28, 2021, the Court of Appeal for Ontario released a decision dealing with an insolvent contractor and the complications that arose when the funds it…

Elections in the Time of COVID: Employer Obligations on Federal Election Day and COVID-19 Considerations

On September 20th, 2021, Canadians will head to the polls to elect their next Prime Minister and members to Parliament. This will be the first time in…

Aug 12, 2021

Ch-ch-ch-changes: New Rules for Method of Attendance in Ontario Actions

Following the extensive civil rule changes that became effective January 1, 2021 to provide for more electronic court processes – in part a reaction to COVID-19 –…

Aug 11, 2021

WeirFoulds welcomes two new associates

WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Patricia Chehadé – Commercial Litigation Patricia Chehadé is an associate in…

Jul 29, 2021

Not So Fast: Contractual Rights May Be the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members

For insights into the Court of Appeal’s decision, check out our post “Contractual Rights as the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary…

Jul 28, 2021

Clare Burns once again top-ranked in Chambers High Net Worth Guide

WeirFoulds is pleased to announce that Clare Burns, Partner, trusts and estates, has been ranked for a fourth consecutive year in the top band of the Private…

Jul 27, 2021

Lien Rights: To Assign or Not to Assign (Should you ask the question?)

Assignment of lien is a powerful but underused section of Ontario’s Construction Act. Assignment allows a party with lien rights to transfer their rights (and rights to…

Transportation Notes: Québec Superior Court Allows Class Action Against Sunwing, But Not Other Airlines

In a recent decision, the Superior Court of Québec allowed a class action to proceed against Sunwing Airlines and its tour operator, Sunwing Vacations. The central allegation…

Jul 23, 2021

WeirFoulds welcomes two new associates

WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Shawn Tian – Technology and Intellectual Property Law Shawn Tian is…

Jul 15, 2021

You Might Regret That Text: Text Messages and Limitation Periods in Ontario

While the legal profession is grounded in tradition and ceremony, COVID-19 has forced courts to acknowledge the reality of the increasingly virtual way that we do business.…

Jul 12, 2021

Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident

In Eynon v Simplicity Air Ltd,[1] the Ontario Court of Appeal recognized that post-incident conduct in the workplace can expose an employer to additional liability. The Court…

Jul 1, 2021

The Court of Appeal Weighs in on Representation Orders in Small Claims Court: Kelava v. Spadacini

The Court of Appeal recently considered whether the Small Claims Court has jurisdiction to make a representation order and appoint a representative defendant for an unincorporated association.…

Jun 29, 2021

You Heard Us the First Time: Global Payrolls Determine Severance Pay Obligations in Ontario

In Hawkes v. Max Aicher (North America) Limited,[1] the Divisional Court strongly affirmed and expanded the 2014 ruling in Paquette v Quadraspec Inc[2] that an employer’s entire…

Jun 21, 2021

The Ontario Court of Appeal Provides a Clear Solution to the Common Employer Doctrine

In O’Reilly v ClearMRI Solutions Ltd.[1], the Ontario Court of Appeal clarified when the “common employer doctrine” will ascribe liability to a corporation in respect of an…

Jun 17, 2021

If a debt is outstanding, but not enforceable in court… is it really a debt?

The classic pseudo-philosophical question of: If a tree falls in a forest when no one is around to hear it, does it make a sound? reveals a tension around…

Daily Commercial News reports on the sixth panel of WeirFoulds’ Tools for Success – A Construction Law Webinar Series

Members of the construction industry hoping to avoid project disputes know full well that the best first step is to draft airtight, unambiguous contracts. But as our…

Jun 10, 2021

Construction Reopens June 11th, 2021 – Are your Delay Claims Ready?

Starting June 11th, 2021, Ontario will officially enter Step 1 of the recently announced Roadmap to Reopen framework. For those in the construction industry, this means that…

Jun 9, 2021

The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021

On May 29, 2020, as Ontario was in the midst of the first wave of the COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”)…

Jun 8, 2021

Transportation Notes: Contents of Cockpit Voice Recorder Released in Class Action

In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 (“Carroll-Byrne”), the Nova Scotia Court of Appeal upheld a lower court’s authorization of the conditional release of…

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