Articles 2021

The debate over the likely ameliorative or exacerbating effects on certification of class actions arising from the recent decision in Pennyfeather v. Timminco has been heated.

In national class action lawsuits where putative class members have suffered injuries, Family Law Act claimants (“FLA Claimants”) residing outside of Ontario may be excluded from damage awards.

Fraud remains an ever present, if not growing, feature of the business and legal landscape in Canada. As is so often the case, the legal contest which arises from fraudulent activity lies between two innocent parties, while the fraudster...

Judicial mediation, mediation roster rates, the recent position paper from the College of Physician & Surgeons of Ontario on experts. Just three of the important issues the Civil Litigation Executive is considering on behalf of OBA litigation lawyers.

For many litigators who do not regularly appear in the Federal Court it can be quite intimidating. Many practises and procedures in the Federal Court, while similar in many respects to those of several other jurisdictions, such as Ontario, are also quite different in many respects.

On November 17, 2011, the Supreme Court of Canada will hear an appeal of a noteworthy decision of Ontario Court of Appeal (the “CA”) Southcott Estates v Toronto Catholic District School Board, 2010 ONCA 310; (leave to appeal) [2010] S.C.C.A. No.256.).

In its recent judgment in Galav. Perez, the Supreme Court of Canada has clarified the law relating to ad hoc fiduciary duties.mbos

On December 14, 2009, the Ontario Superior Court released its long-awaited reasons in Silver et al v. IMAX Corporation et al, Ontario Superior Court of Justice, Court File No. CV-06-3257-00 (“IMAX”).

In an attempt to ease the burden of litigants dealing with out-of-province defendants, a five-member panel of the Ontario Court of Appeal has recently overhauled (again) the law of assumed jurisdiction in the province. In Van Breda v. Village Resorts Ltd., 2010 ONCA 84, the Court revisited and restated the oft-criticized common-law test originally set out in Muscutt v. Courcelles (2002), 60 O.R. (3d) (C.A.), in favour of a “refined” and “simplified” test.

Topics covered this week included rectification of contracts (life insurance policy), third party assessments of lawyers’ accounts, wrongful dismissal (calculation of damages, including bonuses), aboriginal law (authority to amend lease of band lands), wills and estates (payment of interest on late distributions), condominium law (oppression and restrictions on use of common elements) and family law (constructive trust, Crown wardship).