Articles 2023

Now that virtual mediation is becoming a norm, will returning to in-person be right for your case? Marshall Schnapp addresses the key issues facing the decision to mediate in person versus online.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 16, 2021.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of August 9, 2021.

Determining the scope of "all material facts" that must be disclosed to franchisees is a key part of the continuing evolution of franchise law in Canada. This article provides important insights on two recent cases dealing with location-specific disclosure requirements, and sets out a helpful overview of how the law has developed in this area.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of August 2, 2021.

In Azar v Strada Crush, Justice Morgan comments on a representative plaintiff’s potential exposure to adverse cost awards, and the importance of having an indemnity for costs in place for the representative plaintiff, whether that is addressed in the retainer agreement by class counsel agreeing to indemnify the representative plaintiff, or by securing a third party indemnity for costs from the Class Proceedings Fund or a third-party funding company.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 26, 2021.

Overview of the Ontario Land Tribunal.

You may not think of licence plates as a feminist issue, but last year, the Supreme Court of Nova Scotia made a strong pronouncement on the impermissibility of personalized license plates that promote or may be seen to promote gender-based violence.

In Florence v Benzaguen, the Court grappled with the issue of whether it is settled law in Ontario that doctors do not owe a duty of care to an unborn child pre-conception. The majority struck the Appellants’ claim of negligence, holding that no duty of care is not recognized at law. In dissent, Fairburn A.C.J.O. held that this issue was not settled law and ought to be decided at trial. I suspect this may not be the last word on the issue.