Articles 2020

In a landmark decision, Yenovkian v. Gulian, released December 19, 2019, the Ontario Superior Court of Justice recognized the privacy tort of “publicity placing a person in a false light” for the first time in Canada.

David Rainsberry asks how lawyers can be incentivized to change how they engage with conflict resolution processes and improve access to justice.

This is an article for family lawyers to keep close at hand, as they consider for their clients the effects in cases now that the definition of who a parent is has formally changed. Oren and Maria have helpfully touched on several areas of law affected.

Adam's informative and gripping article was trending at #1 on Apple News, and for good reason. Readers will enjoy another article on disclosure (though it is not in poem form as per David Frenkel's most recent submission). Here, the contrary litigant experiences the consequences of his ongoing failures to cooperate firsthand. This is a cautionary tale, and one we want to impress upon our clients when they ask us if they must really provide full financial disclosure.

On November 25, 2019, the CCLHR section and the Young Lawyers’ section held a joint program on appearing before federal administrative tribunals on human rights, employment, and labour issues. The panel featured two adjudicators and two lawyers, who offered information and advice on issues such as the correct forum for litigating disputes, the speed of dispute resolution before the various tribunals, and practice tips for counsel. This article summarizes the program.

In the last number of years there has been a resurgence of interest in med-arb as a process that can be used outside family law and labour disputes. This article is brief overview of the med-arb process with a suggested model that should assist practitioners in using this dynamic process in appropriate cases.

Members of the CCCA – Ontario Chapter offer their appreciation of those who’ve educated, empowered and inspired them, including The Honourable Justice Russell Juriansz, The Honourable Justice Michael Tulloch, Marianne Bolhuis, C. Ian Kyer, and Patrick O’Connor.

Following are this week’s summaries of the Court of Appeal for Ontario. In Thistle v Schumilias, an insurer refused to pay out on a life insurance policy on the basis that the insured had failed to disclose a pre-existing medical condition. The respondent commenced an action against the insurance company and during that litigation became aware of the potential professional negligence of the insurance agent who sold the policy.

The Cheshire Cat in Lewis Carroll’s “Alice in Wonderland” was famed for its mischievous grin, which lingered even after the body was gone. Perhaps Carroll was, anachronistically, inspired by that procurement law concept in Canada known as “Contract A” whose reason for being has long since vanished, but whose mischievous, if fading, form still exists in our public procurement law and practice.