Articles 2020

Harte Gold Corp (Re) held that greater scrutiny should be exercised when deciding to grant an RVO, that RVOs should be considered an extraordinary measure. The impact of this case is that parties seeking approval for their RVO structure will be required to meet a higher evidentiary threshold, allowing a court to determine that their RVO structure is necessary, economical, and a viable alternative, that causes the least amount of harm to all stakeholders in comparison to alternate options.

The Ontario Superior Court of Justice’s April 2022 decision in The Estate of Mary Fleury et al v. Olayiwola A. Kassim is a noteworthy one. Not only does it provide a modern case study of the application of the common law principles surrounding delayed diagnosis, but it also provides new guidance regarding the standard of care, specifically, the standard of care for anatomic pathologists.

Here are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 8, 2022.

Earlier this year, the Civil Rules Committee amended Rule 53.08(1) of the Rules of Civil Procedure, which had previously provided for flexibility for counsel in producing expert reports at pre-trial conferences. The flexibility built into the old Rule was creating limitations for the effectiveness of pre-trial conferences and often resulted in adjournments of fixed trial dates. The amendment to the Rule aims to strengthen the value of the pre-trial conference.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 1, 2022.

Following are this week's summaries of the Court of Appeal for Ontario for the week of July 25, 2022.

As a result of a recent amendment to the Employment Standards Act as part of Bill 88, employers with 25 or more employees will be required to adopt a written policy on electronic monitoring.  Given the significant number of new obligations, businesses should begin preparing for Bill 88’s implementation now.

It was another busy week for the Court of Appeal of Ontario.  Here are this week’s summaries of the civil decisions released for the week of July 18, 2022.

Following are this week's summaries of the Court of Appeal for Ontario for the week of July 11, 2022. There were many interesting cases this week.

Restrictive covenants can be an essential feature of a franchise agreement, but how will they be enforced? Recent developments in the law have cast some confusion and inconsistency on the interpretation, scope, and enforceability of these clauses, including the test for obtaining injunctions. In this article the authors review recent decisions, and weigh in on the debate.