Articles 2025

Aujourdʼhui
Aujourdʼhui

Navigating the Uncharted Territory of Individual Issues Trials

  • 21 décembre 2022
  • Suzanne Chiodo, assistant professor, Osgoode Hall Law School,

There are two stages to a class proceeding: the common issues stage, and the individual issues stage. While the jurisprudence on the common issues stage (including certification and common issues trials) is well-developed, settlement usually occurs before the individual issues stage is reached. For judges, counsel, and litigants, therefore, this last phase of a class proceeding presents uncharted territory.

Droit des recours collectifs, Student Forum

Case Summary: Nissan Canada Inc. v Mueller

  • 21 décembre 2022
  • Katherine Shapiro

This article summarizes Nissan Canada Inc. v Mueller, 2022 BCCA 338, in which the British Columbia Court of Appeal rejected the two-step approach to "some basis in fact" for common issues.

Droit des recours collectifs, Student Forum
photo of Justice Chapnik

Interview with Justice Chapnik

  • 19 décembre 2022

An interview with The Honourable Sandra Chapnik, C.M., O.Ont., former Ontario Superior Court judge.

Litige civil, Student Forum
Photo of Justice Simpson

Interview with Justice Simpson

  • 19 décembre 2022

An interview with The Honourable Sandra J. Simpson, recently retired from the Federal Court of Canada.

Litige civil, Student Forum
photo of The Honorable Karen M. Weiler C.M. O.Ont.

Three Life Lessons from a Retired Judge

  • 19 décembre 2022
  • The Honorable Karen M. Weiler C.M. O.Ont.

Fifty-Five years ago, I graduated from Osgoode Hall Law School. You’re probably asking yourselves, what does someone who graduated fifty-five years ago have to tell me that’s relevant to my life today? I asked myself the same question. After a lot of soul-searching, I realized that there are three life lessons that guided my career path that might be of interest and helpful to you.

Litige civil, Student Forum
photo of author Sarah Virani

How Much is Enough: Meeting the threshold for the tort of intrusion upon seclusion

  • 16 décembre 2022
  • Sarah Virani

The Ontario Divisional Court's decision in Stewart v Demme, 2022 ONSC 1790, a class action case against William Osler Health System and one of its ex-nurses (Demme), discusses the tort of intrusion upon seclusion in the context of a privacy breach. The intrusion under review here, namely, accessing health information in order to misappropriate opioids and support Ms. Demme's addiction, was not so offensive or significant as to cry out for a remedy.

Droit relatif à la santé, Student Forum

Managing Franchise Defaults in the Post-COVID Era

  • 09 décembre 2022
  • Andrew MacIver

The COVID-19 pandemic has caused many changes for us all. Such changes and challenges have impacted franchising generally. At times, these new business realities have resulted in franchisees defaulting on their obligations under their franchise agreements. What is the best way to respond these defaults? This article considers strategies for managing defaults in franchise relationships in our new, post-COVID world.

Droit des franchises, Student Forum