Environmental Lawsuits: “But, I’m not the polluter, just the landlord next door…” May 28, 2018 Marc McAree, Giselle Davidian, Anand Srivastava, Willms & Shier Environmental Lawyers LLP This article analyzes the implications of the recent Ontario Superior Court of Justice and the Ontario Court of Appeal decisions in Sorbam Investments Ltd v Litwack.
Court Refuses to Approve Class Action Settlement Despite Approval in Other Provinces May 28, 2018 Amanda M. Quayle, McDougall Gauley LLP Multi-jurisdictional class actions in Canada continue to create problems for parties and the courts. Recently, the problems associated with multi-jurisdictional class actions resulted in the scuttling of a national class action settlement involving the prescription drugs OxyContin and OxyNeo. Despite three other courts approving the settlement in their respective jurisdictions, the Saskatchewan court in Perdikaris v Purdue Pharma Inc., refused to approve the same settlement.
The Ideal Lawyer – 21st Century Redux May 28, 2018 Craig A. Brannagan One hundred years ago, Justice Brewer of the U.S. Supreme Court asked if the ideal lawyer existed, and if so, what qualities constituted this ideal. In 2018, Craig A. Brannagan asks whether Justice Brewer's conclusions apply to lawyers practising in Canada a century later.
Cumulative Effects Assessment: Ontario forges new policy to protect local air quality May 25, 2018 John Georgakopoulos, Joanna Vince, and Raeya Jackiw, Willms & Shier Environmental Lawyers LLP A consideration of the MOECC's proposed policy for cumulative effects assessments in air approvals.
The dangerous fentanyl drug problem: a mens rea issue May 24, 2018 Alan D. Gold, Laura J. Metcalfe, and Alex I. Palamarek Is fentanyl skewing the sentencing process? Alan Gold and his associates reflect on the punitive implications of the fentanyl scourge.
Brown Bag Lunch - May 2018 May 23, 2018 Noah Weisberg, Associate, Hull & Hull LLP, Brennan Caldwell, Summer Student, Hull & Hull LLP, The May BBL discussion included delays in getting probate, mutual funds gifted to charities, jointly held, second-to-die life insurance policies, the use of hotchpot clauses in certain situations, and compensation for Attorneys for Property.
Frank: A Departure from Figueroa May 23, 2018 Saba Ahmad In March, the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Frank v Canada. This article argues that the Ontario Court of Appeal’s decision is inconsistent with the Supreme Court’s holding in Figueroa v Canada.
Contracts in the Court of Appeal: Right Decision – Using “Good Faith” in Lieu of Hard Line May 22, 2018 Roselyn Kelada-Sedra, Sabsay Lawyers Would you rather count on “good faith” from your boss or know what can lose you your job and what can’t? Sabsay Lawyers recently won a favourable decision at the ON Court of Appeal in the area of contract law, right on the verge of employment law, that brings this question to the forefront.
Ontario Court of Appeal Summaries (May 13- May 18) May 22, 2018 John Polyzogopoulos I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.
No Hire Back? No Problem! - Top 10 Tips for Finding a First-Year Associate Position May 22, 2018 Alexandra Mealia Landing a first-year associate position can feel like finding a needle in a haystack. Following are ten tips for landing your first associate position.