Articles 2021

Third party claims are intricately connected to allegations pleaded in the statement of claim. When a plaintiff does not claim damages from anyone other than the defendant, the defendant cannot pursue a claim for contribution and indemnity. An employer may find themselves unable to pursue a third party claim against a disability benefits provider when the plaintiff seeks recovery for disability benefits in the context of a wrongful termination action.

This article summarizes Underhill v. Medtronic Canada, 2023 ONSC 5919, in which the Superior Court adjourned the representative plaintiffs’ motion to discontinue the proposed class action, but utilized multijurisdictional class action protocols to address multijurisdictional sequencing issues raised by the defendants.

In the recent decision of Grozelle v. Corby Spirit and Wine Limited, 2023 ONSC 7212, the Ontario Superior Court of Justice has affirmed the impact of the CPA amendments to the preferability criteria as imposing a stricter, more rigorous test for certification, as was first stated by the Court in Banman v. Ontario, 2023 ONSC 6187. The decision in Corby is also the first time the amended preferable procedure criterion has not been met.

This case comment of Cameron-Gardos v. Crawford and Company (Canada) Inc., 2024 ONSC 700, considers the test for seeking leave to sue a class action administrator in the context of a class action settlement agreement.

This article reviews a decision declining to strike claims in a databreach class action, including claims based on risk of future harm and pure economic loss.

On January 31, 2024, the Ontario Court of Appeal upheld Justice Perell’s decision in Del Giudice v. Thompson, 2024 ONCA 70, maintaining the stringent approach established in recent years for “hacker” data breach cases.

Recent updates in Ontario and federal pension regulatory policy and caselaw.

I attended the "Emerging and Key Legal Issues in Sports" CPD hosted by the Entertainment, Media, and Communications Law Section on February 13, 2024. There was a multitude of topics discussed by a skilled panel of speakers. The first part of the event was a peek into the journeys of those on the panel into the area of sports law and how they were able to build it into their practice.

While Name, Image and Likeness rights are not new forms of athlete compensation, these rights have gained a newfound appreciation due to recent college-level rule changes in the United States. The following provides a high-level overview of NIL rights and recent developments in the area.

On February 27, 2024, the University of Ottawa’s Interdisciplinary Research Laboratory on the Rights of the Child (IRLRC) held an informative and engaging virtual program titled, “Parents, Schools and Children's Rights.”