The Lawyer's Daily

Karine Chênevert, Borden Ladner Gervais LLP

‘The court was very careful in its analysis of the evidence to avoid having the equivalent of a debate on the merits,’ pointed out Karine Chênevert, a Montreal litigator with Borden Ladner Gervais LLP who successfully pleaded the case.

Monday, May 10, 2021 @ 1:15 PM

A consumer class action arising from the COVID-19 pandemic against a popular ski hill operator was refused certification, the first in Quebec, after Quebec Superior Court found that the application lacked an arguable cause of action. In a decision that is in line with recent class action case law, the ruling underlines that COVID-19 class actions cannot simply allege a breach of contract and expect to be certified; reiterates that class actions even in light of the pandemic nevertheless have to meet the relatively low burden of demonstration; and highlights the importance of the defence bar to adduce relevant evidence, according to class action experts. ... [read more]

Ontario expands COVID-19 vaccination eligibility

Monday, May 10, 2021 @ 2:52 PM

Ontario is opening eligibility for COVID-19 mRNA vaccines to residents with at-risk health conditions and those turning 40 in 2021 as supplies of the Pfizer-BioNTech and Moderna shots surge. According to a May 10 government news release, vulnerable individuals with conditions such as dementia, diabetes and sickle cell disease — as well as front-line workers the province’s Group Two category who cannot work from home — will be eligible to arrange a vaccination appointment through Ontario’s online booking system starting May 11 at 8 a.m. ... [read more]

Appeal Court health and safety decision potentially ‘disturbing’ for employers, says law prof Eric Tucker, labour and employment law professor, Osgoode Hall Law School

Eric Tucker, labour and employment law professor, Osgoode Hall Law School

Monday, May 10, 2021 @ 11:23 AM

A recent Ontario Court of Appeal decision involving a Sudbury, Ont., woman who was struck and killed by a road grader is a victory for workers but could cause concern for some employers, say two lawyers who specialize in occupational health and safety regulations. ... [read more]

Trudeau praises training for judges, but victims advocate still calls for more

Justin Trudeau, Prime Minister of Canada

Friday, May 07, 2021 @ 4:39 PM

Prime Minister Justin Trudeau is lauding the royal assent of legislation requiring new federally appointed judges to take sexual assault education and sensitivity training. But an advocate for survivors maintains it still falls short in its failure to apply to judges currently behind the bench. ... [read more]

No automatic right of appeal for convicted youth where there is a dissent: SCC

Friday, May 07, 2021 @ 4:33 PM

Last Updated: Friday, May 07, 2021 @ 5:09 PM

A divided Supreme Court has ruled that a section of the Youth Criminal Justice Act (YCJA) which denies an automatic right of appeal for young people in criminal cases passes constitutional muster. The decision in R. v. C.P. 2021 SCC 19 stems from a Toronto-area beach party where a 15-year-old male, identified only as C.P, allegedly had non-consensual sex with a 14-year-old female, R.D., who had been severely intoxicated. ... [read more]