Articles 2020

Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on January 27, 2022.

This article reviews a recent Webinar regarding Family Court decisions related to the pandemic, including vaccination and remote learning, that will interest members of the Education Law, Family Law and Child and Youth Law sections.

In a recent award, an arbitrator found that Toronto District School Board was not required to reimburse costs that education workers incurred when they were required to work remotely due to the pandemic.

The common law tort of intrusion upon seclusion continues to develop, as does its use in the class action context. Chloe Snider and Hala Abdul Ghani explore four recent decisions that demonstrate a shift in the use of this tort in large data breach cases.

Ms. Patchette appealed the decision made by the License Appeal Tribunal (“LAT”), finding that the appellant was not catastrophically impaired pursuant to sec. 3.1 (1) 2 iii of the STATUTORY ACCIDENTS BENEFITS SCHEDULE O reg 34/10 (“SABS”). This was the first time that sec. 3.1(1)2 iii of the Sabs was considered by LAT. The Appeal concerned the interpretation and application of s. 3.1(1) 2 iii of SABS, specifically the meaning of “permanent and serious.”

A recent appeal from a judgment of the Small Claims Court raised an interesting question as to how fence disputes are to be resolved in the City of Toronto, although it left the answer to this question to be determined at a later date.

Do you work with or are you part of a community organization, an Indigenous Community or organization or a local government? Applications for Ontario’s 2022-2023 Inclusive Community Grants are now available. These grants provide up to $60,000 for a local project to help older residents and people with disabilities participate in community life. Priority projects are those that support under-served communities and that address COVID-19 related challenges. Applications are due March 3, 2022.

Efficiency and cost effectiveness are key considerations under the new carriage test in s. 13.1 of the Class Proceedings Act, according to a recent decision of Justice Perell in Bonnick v. Simply Group. Justice Perell’s decision makes it clear that the new provision is a significant departure from the common law test on carriage, and emphasizes factors of efficiency, proportionality and the cost-effectiveness of the proceeding as key determinants for carriage going forward.

On November 18, 2021, the Supreme Court of Canada rendered its decision on whereby an insurer may be allowed to deny coverage based on a policy breach discovered several years down the road.