Articles 2023

Please find below our summaries of the civil decisions of the Court of Appeal of Ontario for the week of September 16, 2024. There were only two civil decisions of any length.

On July 7, 2024, the Ontario Superior Court of Justice in Richard v. The Attorney General of Canada, 2024 ONSC 3800 certified a class proceeding on behalf of all persons who were detained for immigration purposes in a provincial or territorial correctional facility since May 16, 2016, including a subclass of individuals with a mental health condition. The claim asserts causes of action for Charter breaches and in negligence.

Recently, the Ontario Divisional Court confirmed that incidents of harassment have to be investigated even in circumstances where there was no complaint, the harassing conduct was undertaken after working hours and away from the workplace, and the victim of the conduct did not wish to file a complaint.

While many employers are already considering, or are in the process of, taking steps to address the growing adoption and use of generative AI among their employees, important legal regulatory frameworks are also in development at both the Provincial and Federal levels. For lawyers advising employer clients grappling with generative AI in the workplace, it is increasingly important to keep an eye on the regulatory developments ahead.

This article assesses Metro Taxi Ltd v City of Ottawa, 2024 ONSC 2725, a common issues trial decision holding a government liable for failing to enforce its laws and prosecute a competitor of the class members.

Please find below our summaries of the civil decisions of the Court of Appeal of Ontario for the week of September 9, 2024. It was a very busy week.

This article contains excerpts from The Totally Not Fake Dictionary of Ontario Employment Law. In this new, groundbreaking work, the author aims to “tell it like it is." Readers will note that most entries contain multiple definitions drawn from real life. Pick the definition that you prefer depending on who your client is presently, and your deeply held biases.

In May, the Ontario Securities Commission (OSC) announced a set of initiatives it is testing to support early-stage capital raising for Ontario businesses. The initiatives include an extension of Ontario Instrument 45-507 Self-Certified Investor Prospectus Exemption (Interim Class Order), which permits Ontario investors who may not meet the accredited investor financial criteria, but have qualifying education or work experience, to invest in private Ontario businesses.

One of the most vexing issues in family law is determining what is a person's income for the purposes of paying support. This article provides an overview of some of the most common concepts related to calculating income for support purposes.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 2, 2024. There were only three substantive civil decisions released this week.