Articles 2025

What is the test for admitting “new” evidence on appeal? Justyna Waxman explains the SCC’s recent decision and how the Palmer criteria apply, regardless of whether the evidence relates to facts that occurred before or after trial.

This article considers whether alternative dispute resolution, such as mediation, meets the statutory requirement to conduct an investigation into allegations of workplace harassment under the Ontario Occupational Health and Safety Act. We conclude that alternative dispute resolution does not satisfy an employer’s duty to investigate, but we encourage employers to consider using mediation and other restorative techniques as part of their overall response to a complaint of workplace harassment.

It’s not every day that one gets to rub shoulders with judges of the Supreme Court of Canada. In fact, the closest I had ever been to a Supreme Court judge prior to last week’s Gala dinner at the Ritz-Carlton in Toronto was back in 2007 when I visited Ottawa and signed up for a tour of the highest court in the land. So, you can imagine how thrilled I was to attend the OBA gala in honour of Justice Rosalie Abella and Justice Mahmud Jamal on May 26, 2022. And what a supreme evening it was, indeed!

Most lawyers retained on cyberlibel actions never ask themselves how internet and offline libel actions differ, to the detriment of their client. Admittedly, it is a large and complex topic, and it requires an understanding of internet technology, reputation management, information warfare and strategic studies as well as defamation law, so in this article, I will just sketch the differences.