Court of Appeal Summaries (September 27 - October 1) October 08, 2021 John Polyzogopoulos Following are this week's summaries of the Court of Appeal for Ontario for the week of September 27, 2021.
Court of Appeal Addresses Novel Question of Appellate Jurisdiction in Class Proceedings October 06, 2021 W. David Rankin, Osler In Johnson v. Ontario, the Court of Appeal addressed a novel question of appellate jurisdiction: is an order refusing to extend the time to opt out of a class action final or interlocutory? The Court of Appeal concluded that the order was final, noting that although the Class Proceedings Act is procedural, the opt-out right is “fundamental to the court’s jurisdiction over unnamed class members."
Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar October 03, 2021 Kyle Lambert and Shahnaz Dhanani, McMillan LLP In Morningstar v WSIAT, the Ontario Divisional Court partially quashed a WSIAT decision and held that constructive dismissal claims for chronic mental stress arising from workplace harassment are not statute-barred by the WSIA unless they are improper attempts to skirt the limitations of that Act. This article summarizes this recent decision and discusses the implications it may have for employers and employees in regards to these types of claims.
A Template for Examination and Cross of an Assessment of Psychological Functioning in Family Court October 03, 2021 Dr. Raymond M. Morris, Ph.D., C.Psych., Acc. Fm., psychologist Dr. Raymond M. Morris explains assessments of psychological functioning. Family law counsel should understand the purpose, main components, and limits of an assessment of psychological functioning, particularly when preparing to examine or cross-examine the assessor.
Message from the Editor October 03, 2021 David Milosevic David Milosevic provides an introduction to the Fall 2021 edition of the Civil Litigation Section Insider.
Engagement, Innovation and Inclusion: Civil Litigation in 2021-2022 October 03, 2021 Chantelle Cseh, chair of the Civil Litigation Section, partner at Davies Ward Phillips & Vineberg LLP; Rachel Migicovsky, vice-chair of the Civil Litigation Section, TAP Law Welcome to our new term from Chantelle Cseh, chair of the Civil Litigation Section, partner at Davies Ward Phillips & Vineberg LLP and Rachel Migicovsky, vice-chair of the Civil Litigation Section, TAP Law.
Self-Represented Litigants Before and After the Pandemic October 03, 2021 Cameron Fiske, C.C. Cameron's article reminds us that access to justice for self-represented litigants cannot always rely on remote hearings, and that in-person appearances with counsel before a decision-maker are crucial in ensuring access to justice.
Interview with the Chief Justice of Canada, the Rt. Hon. Richard Wagner October 03, 2021 The Rt.Hon Chief Justice of Canada, Richard Wagner Interview with the Chief Justice of Canada, the Rt. Hon. Richard Wagner.