Relocation Under the Amended Divorce Act February 14, 2022 Katherine L. Shadbolt This article explores some of the new relocation provisions under the Divorce Act, including the various burdens of proof, and how a few recent Ontario cases have applied the new relocation framework.
Baroch v. Canada Cartage: The Impact of Litigation Funding Agreements on the Reasonableness of Class Counsel’s Fees February 14, 2022 Michael A. Currie and Fabian Suárez-Amaya, Lax O'Sullivan Lisus Gottlieb In Baroch v Canada, Justice Belobaba noted that it was “self-evident… that third-party funding should be a relevant factor in the ‘risks incurred’ analysis” but that “it may be unfair to impose this new risk metric retroactively on a class action that was undoubtedly commenced under a very different expectation.
Municipalities Do Not Owe a Duty of Care to Developers to Protect their Economic Interest during Rezoning Application Process February 14, 2022 Faiza Tariq, articling student, Teplitsky, Colson LLP This article summarizes a recent court of appeal decision where the court ruled that a municipality's undertaking to process a zoning application for the developer does not include protecting the developer's economic interests. In other words, the municipality is not liable for damages the developer incurs due to the municipality's provision of inaccurate information when processing the zoning application.
A Review of the Demers Report on Using Scientific Evidence and Principles to Help Determine the Work-relatedness of Cancer February 14, 2022 Alec Farquhar Learn about the key recommendations from the Demers Report and how these recommendations are being implemented for workers compensation cases in Ontario to help determine the work-relatedness of cancer.
Review: Workers’ Compensation Case Law Update, Morningstar v WSIAT February 14, 2022 Julie Weller, Mathews Dinsdale The following paper provides a high level overview of the Morningstar v. WSIAT Case Law Update program. Helpful information was provided by both worker side and employer side representatives including an overview of the law now and helpful tips for workplace parties who find themselves representing clients before the WSIAT on a Section 31 Application based on a constructive action decision that is based on mental stress caused by harassment or bullying.
The 2021 Ron Ellis Award for Excellence in Workers’ Compensation Law February 14, 2022 Julia Noble, Office of the Counsel to the Chair, Workplace Safety and Insurance Appeals Tribunal Overview of the 2021 Ron Ellis Award for Excellence in Workers' Compensation Law Event on October 26, 2021 where Rosemarie McCutcheon, Chair of the Workplace Safety and Insurance Appeals Tribunal, received the award.
Child and Youth Privacy in the Education System February 14, 2022 Melanie McNaught This article summarizes a recent OBA Webinar regarding child and youth privacy, with a particular focus on privacy issues for school boards and educators.
WSIAT Stakeholder Event of January 27, 2022 February 14, 2022 Teresa Gianfelice, Office of the Worker Advisor Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on January 27, 2022.
Program Recap: COVID and the Family Court February 14, 2022 Jean-Frédéric (J-F) Hübsch This article reviews a recent Webinar regarding Family Court decisions related to the pandemic, including vaccination and remote learning, that will interest members of the Education Law, Family Law and Child and Youth Law sections.
Arbitrator Finds School Board Not Required to Reimburse Costs Arising from Transition to Remote Work February 14, 2022 Daniel Park In a recent award, an arbitrator found that Toronto District School Board was not required to reimburse costs that education workers incurred when they were required to work remotely due to the pandemic.