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Civil Litigation


Tuesday, November 09, 2021 @ 8:21 AM

Four associates join Dutton Brock

Dutton Brock LLP welcomed four associates to the Toronto firm, Grant Black, James Omran, Thomas Enright and Lida Moazzam. ... [read more]

Tuesday, November 09, 2021 @ 6:57 AM

CIVIL PROCEDURE - Striking out pleadings or allegations - Grounds

Appeal by the claimant, Brauer, from an order striking her pleadings. The appellant filed a statement of claim in Federal Court seeking an injunction banning all abortions in Canada, cessation of funding of abortions and punitive damages of $500 million. ... [read more]

Monday, November 08, 2021 @ 2:01 PM

ESA, arbitration clauses: Section 96 doesn’t matter Woman looking at paper wondering

The Supreme Court of Canada’s ruling in Heller v. Uber Technologies Inc. 2020 SCC 16 sparked a vertiginous debate over the enforceability of arbitration clauses in employment contracts, which debate is still ongoing (see, for example, Leon v. Dealnet Capital Corp. 2021 ONSC 3636). In Ontario, much of the argument centres on whether an arbitration clause must preserve an employee’s ability to make a complaint pursuant to section 96 of the Employment Standards Act, 2000 (ESA) in order to pass muster. ... [read more]

Monday, November 08, 2021 @ 12:57 PM

B.C. birth alerts violated equality, privacy rights: lawsuit Jen Winstanley, Camp Fiorante Matthews Mogerman

A class action lawsuit has been launched against the controversial (and now-discontinued) practice of birth alerts in British Columbia, with future actions planned for other provinces. ... [read more]

Monday, November 08, 2021 @ 10:38 AM

Three judges appointed to Ontario Court of Justice

The province of Ontario announced the appointment of three judges to the Ontario Court of Justice, effective Nov. 18, 2021. ... [read more]

Monday, November 08, 2021 @ 10:21 AM - Last Updated: Monday, November 08, 2021 @ 11:57 AM

SCC’s growing use of oral judgments makes law inaccessible, hard to decipher at times, lawyers say Chief Justice Richard Wagner

Ascertaining the law the Supreme Court of Canada is making in the nearly 40 per cent of judgments it renders orally from the bench is sometimes a problem, court watchers say. ... [read more]

Monday, November 08, 2021 @ 9:59 AM

Clark Wilson names new chief operating officer, hires associate

Clark Wilson LLP announced that Synthia Kloot has joined the firm as chief operating officer. ... [read more]

Monday, November 08, 2021 @ 8:32 AM

The courts on limitation periods, part two: Cause of action versus claim Angel of justice in front of clock

As we discussed in our previous article, newer limitations legislation has complicated matters, substituting the discovery of a claim for the common law’s historical discovery of a cause of action as the limitation period trigger. ... [read more]

Friday, November 05, 2021 @ 2:47 PM

Elizabeth Russett in the kitchen with a Pop-Tart | Marcel Strigberger

As Buttercup says in Gilbert and Sullivan’s H.M.S. Pinafore, “Things are not always as they seem. Skim milk masquerades as cream.” Or in this case strawberries.  ... [read more]

Friday, November 05, 2021 @ 2:24 PM

Courts Digital Transformation initiative provides ‘on-demand access’ to legal matters, Downey says Attorney General Doug Downey

On Nov. 5, the Ontario government announced the “Courts Digital Transformation initiative” for the Superior and Ontario Courts of Justice. The initiative is described as the “most significant single step forward in the digital evolution of justice in Canada, replacing outdated paper-based procedures with an online platform to manage cases, documents and schedules.” ... [read more]