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.
AI Inventors: Do They Exist, and Does It Matter? October 03, 2021 Adil Abdulla, Sotos Class Actions The question of whether artificial intelligence can be an inventor for the purposes of obtaining a patent has come to a forefront in several jurisdictions around the world. With Canada's official stance on the matter still open for debate, it is important to assess these foreign decisions to predict the future of our patent landscape.
Court of Appeal Summaries (September 20 – September 24, 2021) September 30, 2021 John Polyzogopoulos Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 20, 2021.