Articles 2023

The warm and long summer days brought with them changes to the Ontario court forms for applications for appointment of estate trustee under the Rules of Civil Procedure. In this article, Lori Isaj and Sanaya Mistry review changes to Forms 74A, 74.1A and 74J.

What are the factors required to demonstrate a compensable mental injury? Evidence from friends and family will be accepted, and there is no necessity of a medical expert. However, the Plaintiff must show that they have sustained “a serious and prolonged disruption that transcended ordinary emotional upset or distress."

In the recent decision of Musa v. Carleton Condominium Corporation No. 255, the Ontario Court of Appeal offers clear guidance as to how long a winter maintenance contractor can wait before it must apply salt to an area, a problem which has long plagued both plaintiff and defence lawyers alike.

The author considers the current state of courts' application of the test for certifying common issues.

This article summarizes the Ontario Court of Appeal's decision ordering a temporary stay of proceedings to a class action whose pith and substance pertained to a specialized tribunal's jurisdiction.

This article analyzes the recall implications for product liability class action certification, as considered in two cases, Larsen v ZF TRW Automotive Holdings Corp and Bowman v Kimberly-Clark Corporation.

This article summarizes Live Nation Entertainment, Inc. v. Gomel, 2023 BCCA 274, in which the Court clarified that a theory of damages is distinct from and insufficient to meet the requirement of establishing the existence of a plausible methodology to determine damages on a class-wide basis.

In the recent decision of North Brewing Company Ltd. v DLA Piper (Canada) LLP, 2023 FC 1188, the Federal Court clarifies the extent to which variations of a registered trademark will constitute use of the mark by the owner in cancellation proceedings pursuant to section 45 of the Trademarks Act.

The Court of Appeal’s unanimous decision in this case is a forceful defence of focussing on the reasons of the decision-maker in reasonableness review.

In this ongoing series, we will profile each of the members of the OBA IT/ IP Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments! Meet this year's Vice-Chair: M. Imtiaz Karamat!