Articles 2024

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Today
Head shot photo of Emma Katz

A New Tort of Family Violence: Ahluwalia v. Ahluwalia

  • March 18, 2022
  • Emma Katz

Emma Katz reviews the newest member of the tort law family, the tort of family violence. This tort was recently recognized by Mandhane J. and is expected to provide new and potentially significant relief in cases of family violence.

Family Law, Student Forum
Head shot photo of Diana Mojica

An Interview with Diana Mojica: Keeping a Positive Perspective

  • March 18, 2022
  • Laura Pettigrew

The article is a summary of an interview with Diana Mojica, a public sector lawyer and member of the Public Sector Lawyers Section Executive.

Canadian Corporate Counsel Association - Ontario Chapter, Public Sector Lawyers, Student Forum

Court of Appeal Summaries (March 7-11, 2022)

  • March 18, 2022
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 7, 2022.

Civil Litigation, Student Forum
Head shot photo of Lauren J. Dalton

Featured Member: Lauren J. Dalton

  • March 18, 2022
  • Lauren J. Dalton

Our guest star for March's "Featured Member" series is Lauren J. Dalton, current newsletter editor and incoming chair of the International Business Law Committee. Lauren is an associate in the Corporate & Financial Services Department of Willkie Farr & Gallagher LLP in New York. We thank Lauren for her participation and hope you enjoy getting to know her!

Business Law, Student Forum

The Ontario HVAC Rental Scam

  • March 17, 2022
  • Dennis G. Crawford, MONTEITH RITSMA PHILLIPS PROFESSIONAL CORPORATION

This article outlines the "Ontario HVAC Scam," which exploits loopholes in consumer protection laws and the real property registration system to dupe unsuspecting homeowners.

Real Property Law, Student Forum

Section 17 of the Crown Liability and Proceedings Act, 2019 Declared Unconstitutional

  • March 16, 2022
  • Katrina Crocker, Norton Rose Fulbright Canada LLP / S.E.N.C.R.L., s.r.l.

In a motion to pursue a class action against the Ontario Provincial Police brought by Caledonia residents arising from Caledonia’s road and rail blockade by protestors in 2020, the Superior Court invalidated the mandatory stay arising from section 17 of the CLPA due to its inconsistency with section 96 of the Constitution Act.

Class Actions, Student Forum

Greenwood v. Canada: A Pathway to Negligence for Workplace Harassment?

  • March 16, 2022
  • Sue Tan, Koskie Minsky

In Greenwood, the Federal Court of Appeal certified a claim in systemic negligence. While this may be surprising to some given existing jurisprudence suggesting that negligence for workplace harassment claims are not viable causes of action, in this case certification of this cause of action rested on a very narrow exception – that the claims belonged to individuals who experienced workplace harassment, but who did not have written or unwritten contracts of employment.

Class Actions, Student Forum

Doucet v The Royal Winnipeg Ballet: Closing the Curtain on Honouraria for Representative Plaintiffs and Class Member Witnesses?

  • March 10, 2022
  • Chelsea Smith, McKenzie Lake Lawyers LLP

The trend of rising judicial skepticism towards class action honouraria recently culminated in Doucet v The Royal Winnipeg Ballet, a February 11, 2022 decision of Perell J concluding that the practice of granting honouraria is wrong and should be stopped altogether as a matter of legal principle. This article examines the impact or possible impact of Doucet on the practice of granting honouraria in Ontario.

Class Actions, Student Forum
Head-shot of author Jason Lewis

In-House Insights: Jason Lewis

  • March 07, 2022
  • Jason Lewis, Principal Legal Counsel, WSP in Canada; Dan Fridmar, Fridmar Professional Corporation

Introducing the In-House Insights series, where we interview in-house lawyers on their work experiences, the difference in their responsibilities from out-house firms, and general advice. Jason Lewis is Principal Legal Counsel at WSP, one of the world's leading engineering professional services consulting firms. Since 2016-17, Jason has served as a member of the Ontario Bar Association Construction and Infrastructure Law Section Executive.

Construction and Infrastructure Law, Student Forum