Articles 2025

Effective January 1, 2021, Ontario Regulation 689/20 substantially amended the Rules of Civil Procedure. In many ways, the changes reflect the reality of litigation in Ontario since the onset of the COVID-19 Pandemic and focus on a technological shift in the nature of litigation, which was both necessary, and needed. Not only do the changes affect litigation under the Construction Act but they will also have an impact on the prompt payment and adjudication provisions therein.

Below are our last summaries of 2020. On another note, please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our 5th annual “Top Appeals” CLE, which will be held via Zoom. I am pleased to announce that Justice Benjamin Zarnett will be co-chairing the event with me and Chloe Snider. Please register for the program on the OBA's website.

In litigation, there are a number of factors parties (and their advocates) can control, but an equally important number of factors they cannot. It can be difficult to determine where control of a case ends when the stakes are high, but there are some crucial aspects of any litigation case to keep in mind.

In a series of decisions released in the spring, summer and fall of 2020, the Ontario Superior Court of Justice granted summary judgment to the class in an overtime class action brought on behalf of approximately 35,000 front-line employees of CIBC. The decisions represent the first merits determination in an overtime class action case in Canada and could serve as a template for future cases.

Since the #MeToo hashtag and the resulting movement swept across social media in 2017, purchasers are increasingly requiring that vendors provide diligence disclosure and a legal representation concerning sexual harassment in merger and acquisition agreements. This article identifies various considerations for navigating the tension between providing thorough disclosure while upholding obligations regarding privacy, privilege, and confidentiality.

This article unpacks the Superior Court’s recent decision in Sager v. TFI International Inc., which represents one of the first decisions addressing the enforceability of termination clauses governed by the Canada Labour Code.

This article comments on the recent decision of the discipline committee of the College of Nurses of Ontario (CNO) in College of Nurses of Ontario v Ramos, 2020 CanLII 82614 (ON CNO), denying a deferral of a virtual hearing until a time where in-person hearings are resumed.

Health-care workers in long-term care (LTC) and retirement homes may be required by their employers to undergo COVID-19 testing. This was the decision of arbitrator Dana Randall in Christian Labour Association of Canada v Caressant Care Nursing & Retirement Homes, 2020 CanLII 100531 (ON LA). This article summarizes key points of the arbitral decision.