Articles 2020

Stan and Albert report on the Divisional Court's September 4, 2018 decision in Hamilton Beach Brands Canada, Inc. v. Ministry of the Environment and Climate Change, 2018 ONSC 5010.

Grace Hession David reviews the law surrounding Crime Stoppers' Tips, with a specific focus on the recent Supreme Court of Canada decision of R. v. Brassington, 2018 SCC 37. Grace summarizes recent examples of successful and unsuccessful "innocence at stake" applications and sets out the applicable test for counsel to consider.

John Dick discusses the implications of the Supreme Court of Canada's recent decision in R. v. Brassington and the complicated law surrounding the intersection of informer privilege and the right to make full answer and defence.

Eric Neubauer notes that R. v. McCaw, 2018 ONSC 3464 has important implications for constitutional litigation that extend far beyond its holding that s. 33.1 of the Criminal Code is unconstitutional: the case confirms that constitutional declarations of invalidity render a law null and void for all future courts, unless and until the declaration is successfully appealed to a higher court.

An explanation of the benefits of Document Management Software in small- to-medium-sized litigation firms.

In Nasr Hospitality Services Inc. v Intact Insurance, another decision as to the meaning of “appropriate means” under subsection 5(a)(iv) of the Limitations Act, 2002, the Court reiterated that settlement negotiations do not toll the limitation period. Other topics included certification of a class action, the duty of care of auditors to shareholders, a useful refresher on basic principles of the law of evidence, guardianship application and appellate jurisdiction.

Summary of a case where the defendant was ordered to pay the plaintiff's costs of the pre-trial conference.