Focus On

Civil Litigation


Tuesday, November 26, 2019 @ 1:00 PM

Mother awarded costs after father tries (and fails) to play hardball Fist bumping against hand

Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisions that enforce the idea that court orders are not suggestions, but orders to be obeyed. In this case, Justice Pazaratz sends a strong message “hardball” tactics are not only ineffective, but will result in adverse cost consequences. ... [read more]

Tuesday, November 26, 2019 @ 8:35 AM

Decision on constructive dismissal a game breaker | Julius Melnitzer

The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. ... [read more]

Tuesday, November 26, 2019 @ 6:21 AM

TITLE - Boundaries - Resolving ambiguous legal descriptions

Appeal by the Attorney General of British Columbia from an order made pursuant to a judicial investigation of title. ... [read more]

Monday, November 25, 2019 @ 1:48 PM

Employer responsibilities, liabilities during party season officeparty_sm.jpg

As an employer, if you organize a company party or similar work-related social gathering for your employees, you have certain legal responsibilities. An employer can be held liable for not taking adequate precautions to protect its employees from foreseeable and preventable harm. ... [read more]

Monday, November 25, 2019 @ 1:28 PM

Quebec courts dealing with ‘constant stream’ of racial profiling cases: lawyer

A Quebec man who was issued a ticket for accusing a police officer of being a racist after being stopped was acquitted by a municipal court judge, the latest in a series of cases dealing with racial profiling that have recently wound their way through Quebec courts.  ... [read more]

Monday, November 25, 2019 @ 11:14 AM

Supreme Court’s municipal law ruling shakes up commercial contracting in Quebec: expert Pier-Olivier_Fradette

Towns and cities in Quebec will have to “tighten up drastically” their control of commercial engagements between their employees and goods and service providers in the wake of a Supreme Court of Canada ruling which shakes up settled law, says a municipal law specialist. ... [read more]

Monday, November 25, 2019 @ 10:46 AM

CIVIL PROCEDURE - Parties - Vexatious litigants

Appeal by Ayangma from a motion judge’s decision that declared him to be a vexatious litigant and dismissed his civil action against the respondent on the basis it was statute-barred. ... [read more]

Friday, November 22, 2019 @ 4:13 PM - Last Updated: Friday, November 22, 2019 @ 5:15 PM

Ontario poised to propose judicial appointment reforms as bar decries risk of patronage, lack of consultation Doug_Downey_new

The Ontario government plans to unveil by year’s end, for consultation, new models for the appointment of provincial court judges and justices of the peace, a senior government source tells The Lawyer’s Daily. ... [read more]

Friday, November 22, 2019 @ 1:56 PM

Amicus curiae appointments in class actions extra_lawyer_sm

From time to time, the court, in a class proceeding, has appointed counsel as amicus curiae. Amicus curiae, is Latin for “friend of the court.” This is someone not already counsel for a party in the proceeding. In the class proceedings context, an amicus appointment may be particularly helpful at points in the proceeding where the reasonableness of a step has to be considered by the court in a non-adversarial setting, including at the settlement approval stage of the litigation and on a motion to approve class counsel’s legal fees. ... [read more]

Friday, November 22, 2019 @ 1:03 PM

CONTRACT - Who has authority to bind municipality - Validity

Appeal from a judgment of the Quebec Court of Appeal affirming a decision granting Octane Stratégie inc.’s (Octane) action against the City of Montreal (the City). ... [read more]