Articles 2020

Aujourdʼhui
Aujourdʼhui
Inna Koldorf, Miller Thomson LLP

Ontario Court Upholds Just Cause Termination Provision

  • 28 octobre 2021
  • Inna Koldorf, Miller Thomson LLP

In a recent decision, the Ontario Superior Court rejected a Plaintiff’s argument that the entire termination scheme in an employment agreement was unenforceable because the agreement contained a “just cause” provision. Relying on contract law principles, the Court distinguished Waksdale v. Swegon North America Inc. and reminded employment lawyers that every case should be considered on its own facts.

Droit du travail et de l’emploi, Student Forum

Fair Compensation or Unjustified Temptation to Compromise?: An Empirical Review of Requests for Honorarium Awards in Canadian Class Actions

  • 27 octobre 2021
  • Marie Ong, articling student at Alexander Holburn Beaudin + Lang LLP, 2021 Winner of Harvey T Strosberg Essay Competition

The recent trend of increasing resistance to honorarium awards is unfortunate because it may result in another barrier in terms of promoting access to justice. While there is no guarantee of honorarium awards in the current regime, making honorariums more rare may mean that potential plaintiffs will be less willing to assume the role of representative plaintiff if they will not be compensated for their time and effort and could have an impact on future class-action litigation.

Droit des recours collectifs, Student Forum
Neha Chugh

How Lawyers Can Learn From Failure

  • 27 octobre 2021
  • Neha Chugh, Chugh Law

As great as it can be to celebrate success, Neha Chugh has an important message about the importance of learning from failure. Lawyers don’t often talk about our failures. But sharing our stories of failure will authenticate lawyers, remind us of our humanity, and allow for learning and growth.

Droit de la famille, Student Forum

Enlisting the Court's Gatekeeping Function: Threshold Motions in Will Challenges

  • 26 octobre 2021
  • Jenny Bogod and Christina Canestraro, lawyers at Rosen Sack LLP

Recent case law in Ontario illustrates how the Courts exercise their gatekeeping function to ensure litigants in Will challenges meet a minimum evidentiary threshold. These cases provide important guidance for counsel and parties preparing for similar threshold motions.

Elder Law, Student Forum

Pinon v Ottawa (City) – Strategically framed pleadings and preferable procedure

  • 23 octobre 2021
  • Jonathan Bradford, McKenzie Lake Lawyers

Plaintiffs generally have great flexibility in how they choose to frame their causes of action without court interference. If a plaintiff chooses to structure their litigation in an unconventional manner, they alone bear the risk of an unfavourable outcome. However, as recently confirmed by the Divisional Court in Pinon v Ottawa, in the context of a class action it is appropriate for the court to consider how pleadings are framed when deciding the preferable procedure criterion under the CPA.

Droit des recours collectifs, Student Forum

First Decision to Interpret and Apply s. 4.1 of the new CPA - Court in Dufault v. TD Confirms Sequencing Pre-Certification Motions is Now a Presumptive Right

  • 23 octobre 2021
  • Christine Lonsdale, Adam Ship, Adriana Forest, McCarthy Tetrault

Justice Belobaba released the first decision to interpret and apply s. 4.1 of the CPA in Dufault v TD Bank, making clear that defendants now have a presumptive right to have a potentially dispositive motion, or a motion that may narrow the issues or evidence in a proposed class proceeding, heard before certification.

Droit des recours collectifs, Student Forum