The Lawyer's Daily

Grassroots campaign wants to reform ‘dangerous’ non-disclosure agreements in Canada, abroad

Julie Macfarlane, co-founder of the ‘Can’t Buy My Silence’ campaign, said non-disclosure agreements are dangerous because of what she characterizes as a ‘pass the trash’ phenomenon, where people can leave a workplace after an allegation of misconduct has been made without something on their record because the NDA scrubs that record clean.

Tuesday, August 09, 2022 @ 12:07 PM

The use of non-disclosure agreements (NDAs) has exploded in recent years, moving far beyond their original intent of protecting trade secrets to cover allegations of sexual misconduct and other incidents of harassment in both the workplace and beyond. But a new international campaign, co-founded by a Canadian law professor, is setting out to reform how they are used. ... [read more]

Ontario Appeal Court clarifies ‘peaceable possession’ of properties in case of mortgage default

Tuesday, August 09, 2022 @ 4:03 PM

An application judge erred in finding that a mortgagee did not take peaceable possession of a property, the Court of Appeal for Ontario has ruled in also granting the mortgagee some compensation for its expenses in enforcing the mortgage. In Hume v. 11534599 Canada Corp., 2022 ONCA 575, the court found that the application judge had erred in interpreting “peaceable possession” in a criminal law context. ... [read more]

Ford government pledges action on labour shortages, health care in throne speech

Tuesday, August 09, 2022 @ 3:52 PM

The Ford government is promising a focus on building the economy and dealing with the pressures faced by the health-care system in Ontario, but is warning there are no easy solutions for the major challenges the province is facing going forward. That was the message from Lt.-Gov. Elizabeth Dowdeswell, who delivered the government’s speech from the throne Aug. 9, an event which marks the start of a new legislative session at Queen’s Park. ... [read more]

B.C. Appeal Court ruling takes different approach to SCC test on unjust enrichment: lawyer

Monday, August 08, 2022 @ 1:58 PM

In denying a female appellant interest in a home she shared with her ex-husband and his parents, British Columbia’s Court of Appeal adopted a different approach to a Supreme Court of Canada test that determines unjust enrichment, suggests the lawyer who represented Gurinder Gill, the appellant in Gill v. Gill 2022 BCCA 264, released on July 29. ... [read more]

Court of Appeal decision ‘monumental victory’ for psychiatric patients: Toronto lawyer Anita Szigeti

Monday, August 08, 2022 @ 10:50 AM

An Ontario Court of Appeal judgment in favour of patients who underwent “degrading” and “inhumane” treatment while detained at a psychiatric facility is a victory for all people living with mental health issues, according to a Toronto lawyer. ... [read more]