Articles

Aujourdʼhui
Aujourdʼhui

The Right of Family Members to Sue in Respect of a Workplace Fatality

  • 08 avril 2022
  • Cassandra Ma, Filion Wakely Thorup Angeletti LLP

It is well known that workers’ compensation benefits are in lieu of the accident-related damages that can be civilly claimed by a worker or their estate. What happens, however, to the rights of action held by family members who are not part of a deceased worker’s estate or dependents? Do these family members retain the right to commence civil litigation in respect of a work-related fatality?

Student Forum, Accidents de travail

Sending Documents to and Receiving Documents from the WSIAT Electronically

  • 07 avril 2022
  • Sarah Schumacher, Workplace Safety and Insurance Appeals Tribunal

Learn how the Workplace Safety and Insurance Appeals Tribunal (WSIAT) sends and receives documents electronically and where you can find more information on the WSIAT's E-Share and E-File services.

Student Forum, Accidents de travail

No Compensable Harm, No Class Action

  • 07 avril 2022
  • Ethan Schiff, Bennett Jones LLP

In Chow v Facebook, the BC Supreme Court joins several other courts in declining to certify class actions based on a lack of "compensable" harm. The Court held that deployment of judicial resources where there was no evidence of compensable harm "would be the antitheses of judicial economy and would not provide meaningful access to justice."

Droit des recours collectifs, Student Forum

Insurer Cannot Rely on Total Pollution Exclusion to Refuse Duty to Defend in Negligence Claim

  • 06 avril 2022
  • Beryl Meng

In Hemlow Estate v. Co-operators General Insurance Co, 2021 ONCA 908, the Ontario Court of Appeal held that the insurer had a duty to defend a claim relating to the negligence of the insured, which resulted in the insured’s own death and property damage at the location where he was working. The court affirmed that the Pollution Exclusion did not apply, as the claim was based in negligence and breach of contract, and not from the escape of a pollutant.

Droit des assurances, Student Forum

The Enforcement of Restrictive Covenants Against Non-Contracting Parties

  • 05 avril 2022
  • Idan Erez, Hoffer Adler LLP

Restrictive covenants, such as non-compete and non-solicitation clauses, are a common feature of franchise agreements - but how far does the scope of enforcement extend? Despite tenets of privity, Courts have demonstrated a willingness to bind non-contracting third parties in certain franchising contexts. This article discusses the evolution of judicial consideration, and examines a recent B.C. Court of Appeal decision providing welcomed guidance on these issues.

Droit des franchises, Student Forum

Corporation Fined, Director Imprisoned for Contempt in Copyright Infringement Decision

  • 04 avril 2022
  • Sepal Bonni

In a rare decision, the Federal Court of Canada found a party in contempt of court for breaching the terms of two previous judgments concerning copyright infringement, resulting in a severe fine and imprisonment of a director of the infringing. It serves as a reminder that courts take intellectual property protection seriously and will impose liability on both infringing corporations and on their directors when necessary and appropriate.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Court Finds County's Property Purchase to be a Breach of Trust

  • 04 avril 2022
  • Jacqueline M. Demczur

A decision from the Ontario Superior Court of Justice emphasized that a tax-exempt organization that receives a gift from an individual’s estate cannot spend the funds as it wishes. Rather, funds must be used according to the terms of use set out in the will. The court, in its January 31, 2022 unreported decision of County of Bruce v Office of the Public Guardian and Trustee, ultimately concluded that the funds from the estate were misused and that there had been a breach of trust.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum
Head shot photo of author Ruchira Kulkarni

Rise of Voice of Child Report

  • 31 mars 2022
  • Ruchira Kulkarni

What's been happening with Voice of the Child Reports? Ruchira Kulkarni updates us on how the courts have been treating VOCRs.

Droit de la famille, Student Forum

Using Gladue Jurisprudence: An Exploration

  • 31 mars 2022
  • Naomi Sayers

Exploring the decision in Gladue and its applicability to Section 7 of the Charter.

Droit autochtone, Droit constitutionnel, libertés civiles et droits de la personne, Student Forum