Articles 2024

It is often a difficult and stressful experience when your client, your employer, or an employee of your company is subject to regulatory action. Depending on the regulatory regime, the consequences of these circumstances may be significant, and may include reputational harm, the revocation of a licence, fines and even imprisonment.  It is therefore imperative that these situations be handled with care.

The abandonment of the appeal leaves the decision of the Ontario Superior Court in Soleimani v Rolland Levesque intact. That decision found that the Ministry of Environment’s involvement in investigating and remediating ground water contamination under the EPA does not establish an alternative adjudication or dispute resolution process that would toll or suspend a limitation period pursuant to s. 5(1)(a)(iv) of the Limitations Act

In this update we highlight key judicial decisions and legislative developments in 2019 affecting the landscape of franchise law in Canada.

In July 2019, two northern Canadian airlines, First Air and Canadian North, announced that their respective owners had closed the merger of their two operations. The regulatory clearance of the deal under the review provisions of the Canada Transportation Act, despite a negative competitive effects report from the Commissioner of Competition, makes for an interesting case study into how the government weighs public interest issues against competition concerns in certain instances.

In a landmark decision, Yenovkian v. Gulian, released December 19, 2019, the Ontario Superior Court of Justice recognized the privacy tort of “publicity placing a person in a false light” for the first time in Canada.

David Rainsberry asks how lawyers can be incentivized to change how they engage with conflict resolution processes and improve access to justice.

This is an article for family lawyers to keep close at hand, as they consider for their clients the effects in cases now that the definition of who a parent is has formally changed. Oren and Maria have helpfully touched on several areas of law affected.

Adam's informative and gripping article was trending at #1 on Apple News, and for good reason. Readers will enjoy another article on disclosure (though it is not in poem form as per David Frenkel's most recent submission). Here, the contrary litigant experiences the consequences of his ongoing failures to cooperate firsthand. This is a cautionary tale, and one we want to impress upon our clients when they ask us if they must really provide full financial disclosure.

On November 25, 2019, the CCLHR section and the Young Lawyers’ section held a joint program on appearing before federal administrative tribunals on human rights, employment, and labour issues. The panel featured two adjudicators and two lawyers, who offered information and advice on issues such as the correct forum for litigating disputes, the speed of dispute resolution before the various tribunals, and practice tips for counsel. This article summarizes the program.

In the last number of years there has been a resurgence of interest in med-arb as a process that can be used outside family law and labour disputes. This article is brief overview of the med-arb process with a suggested model that should assist practitioners in using this dynamic process in appropriate cases.