Civil Litigation
-
October 11, 2024
SCC sheds new light on corporate attribution rules, applies them for first time to bankruptcy cases
The Supreme Court of Canada has for the first time applied the common law corporate attribution doctrine in the bankruptcy and insolvency context while also instructing that the corporate attribution rules are not rigid and must be adapted in varied legal contexts to “purposively, contextually and pragmatically” give effect to the policy goals of the law under which a party seeks to attribute to a corporation the actions, knowledge, state of mind or intent of its directing mind.
-
October 11, 2024
Federal nuclear regulator OKs continued operation of OPG’s Pickering plant for two more years
The Canadian Nuclear Safety Commission (CNSC) has given Ontario-government-owned Ontario Power Generation Inc. (OPG) another two years to operate a portion of the Pickering Nuclear Generating Station, one of the oldest nuclear facilities in the world.
-
October 11, 2024
Motion to set aside FCA judgment relating to Impact Assessment Act dismissed
The Federal Court of Appeal has dismissed a motion to set aside an order from the same court due to the deemed unconstitutionality of the Impact Assessment Act.
-
October 11, 2024
Ontario Court of Appeal rejects accident victim's effort to amend claim to name truck driver
More than 10 years after a motorcycle accident seriously injured an Oshawa, Ont. man, the Ontario Court of Appeal has rejected his effort to amend his claim to reflect the identity of the truck driver he believes caused the accident.
-
October 11, 2024
Family law conference tackles complexity of brain science
Day one of a family law conference in Winnipeg featured a lesson on brain science and how childhood experiences shape lives — for better or for worse. Oct. 9 marked the first day of the Canadian Institute for Administration of Justice’s (CIAJ) Families and the Law, a three-day examination of the nation’s justice system and its impacts on families.
-
October 11, 2024
Appeal ‘continues a pattern of frivolous and vexatious litigation,’ court says in dismissing case
Ontario’s highest court has dismissed a legal challenge by a man who said he suffered a “mental tort” because of what he felt was fraudulent research in an academic paper, saying the action “bears many of the hallmarks” of vexatious litigation.
-
October 11, 2024
The Fiduciary Umbrella | William Poulos
What does it mean to be in a fiduciary relationship with our clients? We have heard and read many descriptions over time. We must act in the client’s best interests. We must avoid conflicts of interest. We must respect client confidentiality. We must maintain a professional level of competence. We must provide honest advice and communicate in a timely manner.
-
October 11, 2024
Deciding adjournments: Case highlights how Licence Appeal Tribunal favours expediency over fairness
The Ontario Divisional Court recently released its decision in Fernandez v. Commonwell Mutual Insurance, 2024 ONSC 5180, in which it unanimously decided that the Licence Appeal Tribunal unfairly denied the applicant’s request for an adjournment, which was on consent (with terms).
-
October 11, 2024
What employers need to know about executive employment contracts | Frank Portman
In my last article about executive employment contracts, I wrote about the importance of understanding the issues and interpretation of those contracts from the executive’s viewpoint. Executive employment contracts are equally important for employers, though, of course, employers have opposite priorities.
-
October 10, 2024
Ontario Court of Appeal upholds $547K damages award against insurer for denying stolen jewelry claim
The Ontario Court of Appeal has upheld an award of $547,100, including a $45,000 punitive damages award, against an insurer that denied a claim for stolen jewelry on the basis that the insured had not established that they owned the jewelry.