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Monday, October 07, 2019 @ 9:27 AM

BARRISTERS AND SOLICITORS - Breach of duty - Conduct unbecoming - What constitutes

Appeal by Kapoor from a finding by a hearing committee of the Law Society of conduct unbecoming a member. ... [read more]

Monday, October 07, 2019 @ 8:31 AM

Pleadings under attack in franchise disputes franchise_brochure_sm

The past couple of years have seen a fair amount of pleadings attacks in franchise disputes. These cases involved challenges by franchisors/defendants to statements of claims launched against them and related parties by franchisees/plaintiffs. ... [read more]

Friday, October 04, 2019 @ 4:49 PM - Last Updated: Monday, October 07, 2019 @ 9:51 AM

Police can’t arrest those who aren’t breaking law to prevent others’ violent actions: SCC Suzanne Côté

In a decision hailed as preserving Canadians’ civil liberties, the Supreme Court of Canada has unanimously restored a $140,000 damages award to a peaceful demonstrator who was unlawfully arrested and injured by the Ontario Provincial Police in 2009 during the occupation by Indigenous protesters of disputed Crown land in Caledonia, Ont. ... [read more]

Friday, October 04, 2019 @ 3:05 PM

ABUSE OF LEGAL PROCEDURE OR PROCESS - False arrest or imprisonment - Liability of parties

Appeal from a judgment of the Ontario Court of Appeal reversing a trial decision that grant Fleming’s action against the Province of Ontario and seven O.P.P. officers for assault and battery, wrongful arrest, and false imprisonment, as well as damages for violations of his rights under ss. 2(b), 7, 9 and 15 of the Canadian Charter of Rights and Freedoms (“Charter”). ... [read more]

Friday, October 04, 2019 @ 11:16 AM

Genetic fairness appeal addresses core moral values worthy of protection Bluebodyscience1.jpg

Compelled genetic testing and compelled disclosure of genetic information are socially undesirable evils. ... [read more]

Friday, October 04, 2019 @ 8:41 AM

In Uber case, arbitration organizations failed the test arbitration_international_sm

On Sept. 16, 2019, aspiring interveners in the Uber v. Heller 2019 ONCA 1 appeal in the Supreme Court of Canada (the Uber case) filed their motions for leave to intervene. The submissions filed by several arbitration organizations make for rather depressing reading. With one or two notable exceptions, what they support is the notion that even when there is a direct conflict between arbitration and access to justice, arbitration must win. ... [read more]

Thursday, October 03, 2019 @ 1:03 PM

Decision indicates courts now less patient with ‘overly aggressive approaches’ to condo disputes: lawyer Ben Rutherford sm

The Ontario Court of Appeal has sided with a unit owner in her fight to have legal bills assessed after proceedings were brought against her by a condo corporation. Counsel said the decision shows the courts are no longer patient with “overly aggressive approaches to condominium disputes.” ... [read more]

Thursday, October 03, 2019 @ 12:16 PM

Context: An alternative to anti-SLAPP legislation public_debate_sm

How to deal with so-called strategic lawsuits against public participation (SLAPPs) has been an issue of contention across Canada. Some provinces have adopted legislation to deal with the issue that permits defendants to move to have actions dismissed at an early stage on the basis they are SLAPPs. Actual empirical, as opposed to anecdotal, evidence of the extent to which SLAPPs are a problem does not exist, nor is there empirical evidence on the extent to which legislation is the answer. A recent B.C. case points to another effective method for dealing with alleged SLAPPs. ... [read more]

Thursday, October 03, 2019 @ 11:06 AM

LFO’s Class Proceedings Fund adds associate counsel

The Law Foundation of Ontario (LFO) and the Class Proceedings Committee announced that Remissa Hirji has joined as its first associate counsel. ... [read more]

Wednesday, October 02, 2019 @ 6:13 AM

ARBITRATION - Appeals

Appeal by Greata Ranch Holding Corp. (“Greata”) from the dismissal of its application for leave to appeal a question of law arising from an arbitration award. ... [read more]