Articles

The relationship between fertility, assisted reproduction, and tort law is evolving at a rapid pace in Canada.  As case law forges ahead to deal with new and emerging issues, let’s take a moment and take stock of what we already know.

This week, the Court of Appeal once again addressed the new anti-SLAPP legislation in United Soils Management Ltd. v. Mohammed and clarified that the anti-SLAPP legislation does not provide for the award of punitive damages against a plaintiff when an action is dismissed under section 137.1. Other topics covered included the duty of care in a tragic personal injury context, damages for wrongful dismissal and legal non-conforming uses under the Planning Act.

A recent decision of the Ontario Court of Appeal suggests that the court cannot go beyond simply approving or rejecting a proposed settlement or class counsel’s fees, to unilaterally impose amendments to better achieve what the court views as a fair result.

In Jeffrey v. London Life, the Ontario Court of Appeal held that when a class action results in a monetary award that benefits class members – even if they have no “right” to that award – class counsel’s contingency fee may charged against and paid from that award.

An overview of the “Canada’s Anti-Spam Legislation (CASL): A Joint Presentation on Compliance and Enforcement” program hosted by the Ontario Bar Association in November 2018.

Topics covered this week included wills and estates (capacity and undue influence), insurance coverage in the MVA context where there was a question of intentional acts as opposed to mere negligence, and the familiar issue of whether an order is final or interlocutory for appeal purposes.

How can organizations ensure that they are obtaining meaningful consent to the collection, use, and disclosure of personal information? The Office of the Privacy Commissioner of Canada weighs in with a guidance document outlining guiding principles and a checklist of "Must-do" and "Should-do" items.

The Ontario government is seeking input on proposed changes to the Real Estate and Business Brokers Act, 2002, and an anonymous survey is available for anyone to provide their input anonymously by March 15, 2019.