Personal Injury
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February 07, 2024
Desmond inquiry recommendations likely won’t be followed: lawyer
A Nova Scotia lawyer acting for the estate of a mentally ill military man who murdered his family before killing himself has little confidence much will come of recommendations made in a recently released inquiry report, given the reactions from politicians and the “touchy” topic of gun control.
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February 07, 2024
Court upholds certification of class action against Ontario over COVID-19 response
The Ontario Court of Appeal has upheld the certification of a class action concerning alleged negligence of the Ministry of Long Term Care (MLTC) in responding to the risk posed by COVID-19 to residents of Ontario’s long-term care (LTC) homes.
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February 07, 2024
Championing Black excellence: Fostering workplace diversity during Black History Month
Canadians every February participate in activities and celebrations for Black History Month, honouring the rich legacy of Black people in Canada and their communities.
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February 07, 2024
Case study: Waksdale v. Swegon North America
In the landmark 2020 employment case, Waksdale v. Swegon North America Inc. [2019] O.J. No. 5021, a short-service employee was dismissed without cause. The provision in his employment contract that stipulated the conditions under which the employee could be terminated “for cause” without any compensation went beyond the circumstances in the Employment Standards Act (ESA), 2000, and disentitled the employee to termination and severance pay in some circumstances which the ESA required an employee be paid.
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February 06, 2024
Sanctions aim at Hamas leadership; Ottawa says first time ‘non-state actors’ targeted
The federal government says it has imposed dealings and immigration bans “effective immediately” against 11 people who “hold senior positions within Hamas or its affiliates and were integral to the planning, funding and execution of the Oct. 7 terrorist attacks against Israel” last year.
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February 06, 2024
B.C.’s Intimate Images Protection Act: Streamlined civil remedy
British Columbia’s Intimate Images Protection Act (Act) and Intimate Images Protection Regulation (Regulation) came into force on Jan. 29, 2024. Although the non-consensual distribution of intimate images is already a crime under the Canadian Criminal Code, the Act and Regulation provide a streamlined process for relief through a civil remedy for those whose intimate images have been distributed without consent or threatened with distribution.
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February 02, 2024
PROCEEDINGS - Standard of review - Correctness - Evidence - Burden of proof
Appeal by appellants, Cameron and D & T Heating and Plumbing Ltd., from trial judge’s findings on grounds that trial judge erred in law in determining appellants had onus to prove Pratt's injuries fell within the minor injury cap.
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February 02, 2024
SCC rules Ontario premier’s mandate letters to ministers shielded from public by Cabinet secrecy
Adopting a broader interpretation of Cabinet secrecy than did Ontario’s courts, the Supreme Court of Canada has ruled 7-0 that the mandate letters Ontario Premier Doug Ford gave his Cabinet ministers soon after the Conservatives formed government in 2018 are protected by the “Cabinet records” exemption in s. 12(1) of the province’s Freedom of Information and Protection of Privacy Act (FIPPA), which shields from disclosure to the public the “substance of deliberations” of Cabinet.
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February 02, 2024
Liberals move to bar mentally ill from MAID until 2027; slam ‘demonizing’ of trans youth
Federal Health Minister Mark Holland and federal Justice Minister Arif Virani deplored the rollout by Alberta Premier Danielle Smith of what the premier billed as “new policies to support children and youth” — but which Virani argued are “targeting and perhaps even demonizing” for “some political purpose” vulnerable children who are transgender or non-binary in that province.
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January 31, 2024
Case study: Livshin v. The Clinic Network Canada
The Ontario Superior Court of Justice’s decision in Livshin v. The Clinic Network Canada Inc. [Indexed as: Livshin v. Clinic Network Canada Inc.], 159 O.R. (3d) dealt with the dismissal of a senior employee at the height of the COVID-19 pandemic. The plaintiff, Steve Livshin, had been hired as part of a purchase of his business. As part of that process, Livshin signed a three-year contract to act as vice-president of the larger organization. Ultimately, the employer dismissed Livshin with approximately 20 months left on the term of the contract.