Articles 2020

Aujourdʼhui
Aujourdʼhui

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

  • 06 octobre 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."

Droit des recours collectifs, 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

  • 03 octobre 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.

Droit du travail et de l’emploi, Student Forum

Message from the Editor

  • 03 octobre 2021
  • David Milosevic

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

Litige civil, Student Forum

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

  • 03 octobre 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, Clyde & Co LLP

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, Clyde & Co LLP.

Litige civil, Student Forum

Self-Represented Litigants Before and After the Pandemic

  • 03 octobre 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.

Litige civil, Student Forum