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Civil Litigation


Thursday, June 22, 2017 @ 6:07 PM

SCC revisits standards of review, appeals of arbitration awards Clement Gascon

The Supreme Court has shed more light on when commercial arbitral awards can be appealed in an important judgment that also provides general guidance on how to determine the standard of review in all types of civil cases. ... [read more]

Thursday, June 22, 2017 @ 8:52 AM

Ontario appeal court expands criteria for trial judges to determine admissibility of expert evidence Geoff Adair

Ontario trial court judges may feel more empowered to exclude expert witness testimony following a recent ruling by the province’s appeal court in a personal injury case. ... [read more]

Thursday, June 22, 2017 @ 8:39 AM

Efforts to cool hot housing markets target 'foreigners' instead of speculators | Julius Melnitzer

In an era where anti-immigration policies are picking up steam, “foreign” is a dangerous word. And therein lies the problems with the Ontario and British Columbia measures that impose additional taxes on non-residents buying residential property in the Toronto and Vancouver regions. ... [read more]

Thursday, June 22, 2017 @ 8:34 AM

APPEALS AND JUDICIAL REVIEW - Stay of arbitration award pending review

Application by the Union to lift the stay of execution of an order pursuant to Rule 15 of the Court of Appeal Rules, or in the alternative, for an order declaring that the judgment was not stayed except to the extent of the appeal taken by the Union. The Union represented Type 1 Wildland firefighters working for the province. Since 1999, the firefighters had been required to pass a fitness test. The Union and the province had agreed by a Letter of Understanding (LOU) that employees hired prior to April 1, 1999 would be “grandfathered” and not have to successfully complete the fitness test, known as the “arduous test”. In 2012, the province replaced the arduous test with a new fitness test, the “WFX-Fit Test”. The new test was implemented unilaterally and firefighters hired prior to April 1, 1999 were not exempted. The Union filed two policy grievances and argued that the new test was discriminatory against certain employees and that its implementation violated the terms of the LOU. The arbitrator found that the test was discriminatory against older male and female employees and that its implementation breached the LOU by failing to exempt grandfathered firefighters. On judicial review, the Chambers judge quashed the arbitrator’s decision in part, finding that the WFX-Fit Test was not discriminatory with respect to gender and age. The Union appealed the order setting aside the arbitrator’s finding that the new test was discriminatory. It applied to lift the stay imposed on the implementation of the portion of the arbitrator’s decision that was not quashed, specifically, the finding that the implementation of the new test breached the LOU. The Union pointed out that of 47 formerly exempt employees, only 20 of those employees passed the new test and that several lost work or feared losing work in the future if they had to complete the WFX-Fit Test. ... [read more]

Wednesday, June 21, 2017 @ 2:39 PM

Ontario plans new courthouse for Halton Region

Ontario is investing in a new courthouse in Oakville that will help families settle disputes faster, reduce time to trial and better serve the needs of people living and working in Halton Region. ... [read more]

Wednesday, June 21, 2017 @ 11:54 AM

Class action bar welcomes review of CASL but backs private right of action Paul Bates

The federal government’s plan to ask a parliamentary committee to review Canada’s anti-spam legislation (CASL), which has been criticized by businesses as being onerous and complex, is seen as a positive step by class action lawyers, as long as it doesn’t lead to the permanent removal of a private right of action (PRA). ... [read more]

Wednesday, June 21, 2017 @ 8:59 AM

Workplace reorganizations: Quebec employers beware

Workplace reorganizations often come with their fair share of challenges and require employees and managers alike to be patient and understanding. Changes in working methods, tasks or lines of authority may ruffle the feathers of certain employees, which is why management should not spare any efforts to efficiently communicate the reasons behind the proposed changes and the objectives it strives to achieve. ... [read more]

Tuesday, June 20, 2017 @ 9:00 AM

Former LSUC treasurer Conway to receive honorary degree

Thomas G. Conway, an Ottawa lawyer and former treasurer of the Law Society of Upper Canada, is to receive a degree of doctor of laws, honoris causa (LL.D.) from the law society at its call to the bar ceremony in Ottawa on June 23. ... [read more]

Tuesday, June 20, 2017 @ 8:52 AM

COPYRIGHT - Procedure - Discovery - Documents

Appeal by movie producers from an order requiring Rogers Communications (Rogers) to disclose identifying information of a customer to them, but only after the appellants paid Rogers’ fee. The appellants commenced a proposed reverse class action claiming declaratory and injunctive relief against unknown individuals for copyright infringement. The appellants alleged that the unknown individuals engaged in illegal file sharing over the internet, thereby infringing their copyrights in several films. The appellants sought an order requiring Rogers to disclose the identifying information of one infringer to them. Rogers did not oppose the disclosure, but submitted that it should be paid reasonable compensation and costs, which it submitted was $100 per hour of work plus HST. The motions judge allowed the motion and ordered Rogers to disclose the information. It also ordered the appellants to pay an hourly fee of $100 plus HST. The motions judge found that the appellants had a right to have the identity of the subscriber revealed and disclosed for the purpose of pursuing their proposed class proceeding. He further found that Rogers was entitled to be compensated for providing such disclosure to the applicants. The appellants appealed the order, arguing that there were tens of thousands of suspected infringers whose identifying information could only be had by paying the same fee. They argued that Rogers’ fee and the court approval of it posed a multi-million dollar barrier between them and the start of legal proceedings that were necessary to protect their rights. ... [read more]

Tuesday, June 20, 2017 @ 8:42 AM

Ontario Court of Appeal certifies class action, takes law firm to task over contingency fee agreement Claire Wilkinson

The Ontario Court of Appeal has rejected arguments from a Toronto law firm and one of its partners that they are immune from a class proceeding brought on behalf of former and current clients, upholding a class action certification granted by the Divisional Court. ... [read more]