Articles 2020

Today
Today

What's New in Pensions and Benefits – October 2021

  • October 08, 2021
  • Michael Long and Evan Shapiro, Willis Towers Watson

This edition contains updates on new Ontario and Federal legislation, including the implementation of the Federal budget, extension of temporary tax relief for pension plans, and changes to the Canada Labour Code. Also covered is new policy guidance and updates from FSRA, OSFI, and CAPSA as well as recent case law.

Pensions and Benefits Law, Student Forum

Court of Appeal Addresses Novel Question of Appellate Jurisdiction in Class Proceedings

  • October 06, 2021
  • W. David Rankin, Osler

In Johnson v. Ontario, the Court of Appeal addressed a novel question of appellate jurisdiction: is an order refusing to extend the time to opt out of a class action final or interlocutory? The Court of Appeal concluded that the order was final, noting that although the Class Proceedings Act is procedural, the opt-out right is “fundamental to the court’s jurisdiction over unnamed class members."

Class Actions, Student Forum
Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

  • October 03, 2021
  • Kyle Lambert and Shahnaz Dhanani, McMillan LLP

In Morningstar v WSIAT, the Ontario Divisional Court partially quashed a WSIAT decision and held that constructive dismissal claims for chronic mental stress arising from workplace harassment are not statute-barred by the WSIA unless they are improper attempts to skirt the limitations of that Act. This article summarizes this recent decision and discusses the implications it may have for employers and employees in regards to these types of claims.

Labour and Employment Law, Student Forum

Message from the Editor

  • October 03, 2021
  • David Milosevic

David Milosevic provides an introduction to the Fall 2021 edition of the Civil Litigation Section Insider.

Civil Litigation, Student Forum

Engagement, Innovation and Inclusion: Civil Litigation in 2021-2022

  • October 03, 2021
  • Chantelle Cseh, chair of the Civil Litigation Section, partner at Davies Ward Phillips & Vineberg LLP; Rachel Migicovsky, vice-chair of the Civil Litigation Section, TAP Law

Welcome to our new term from Chantelle Cseh, chair of the Civil Litigation Section, partner at Davies Ward Phillips & Vineberg LLP and Rachel Migicovsky, vice-chair of the Civil Litigation Section, TAP Law.

Civil Litigation, Student Forum

Self-Represented Litigants Before and After the Pandemic

  • October 03, 2021
  • Cameron Fiske, C.C.

Cameron's article reminds us that access to justice for self-represented litigants cannot always rely on remote hearings, and that in-person appearances with counsel before a decision-maker are crucial in ensuring access to justice.

Civil Litigation, Student Forum