Lawyers




Archive:

4

Nov

2014

Enis’ blog

Feeling “secure” in foreign jurisdictions: Ontario’s top court tells security purchasers to pursue their claims where they bought their security

 

Introduction

The Ontario Court Appeal’s decision in Kaynes v BP, PLC raises interesting questions about an Ontario court’s jurisdiction over securities class actions. In this case, the Court of Appeal considered its jurisdiction over claims with respect to foreign …

2

Sep

2014

Marias’ blog

The Scope of the Duty to Defend an Additional Insured: Great Atlantic & Pacific Company of Canada Limited v. Economical Mutual Insurance Co., 2014 ONCA 350

Maria Abdoullaeva

August 29, 2014

Introduction

In Great Atlantic & Pacific Company of Canada Limited v. Economical Mutual Insurance Co., 2014 ONCA 350, the Court of Appeal recently considered the scope of the duty to defend an …

5

Jun

2014

Michael’s Blog

Duty of Good Faith Owed to Employees Includes a Duty to Investigate and Respond Appropriately to Workplace Harassment: Boucher v. Wal-Mart, 2014 ONCA 419

In a recent decision, the Ontario Court of Appeal held that an employer may breach its duty of good faith and fair dealing to employees in cases where allegations of workplace harassment are brought to …

3

Mar

2014

James’s Blog

An antidote for irreparable confusion: Mosaic and the standard of proof for irreparable harm

To obtain an interlocutory injunction, it is not enough that a plaintiff show that they are likely to prevail on the merits of the dispute. Instead, the plaintiff must show that they will suffer harm that is “irreparable” if the injunction is not issued that is …

1

Feb

2014

Aris’s Blog

Aggregate Assessment of Damages – The Next Step in Class Actions Jurisprudence?

Aggregate assessment of damages is a powerful tool in class proceedings legislation that permits the court to determine all or part of a defendant’s monetary liability to a class without evidence from each individual class member.

The purpose of aggregate assessment of damages, as envisioned by the Law Reform …

29

Nov

2013

Mark’s Blog

A debt or not a debt? What is an arbitration award?

Comment on British Columbia (Forests) v. Teal Cedar Products Ltd., 2013 SCC 51

by Mark Hines – Heenan Blaikie

Fellow arbitration nerds may have noticed one aspect of the Supreme Court’s recent decision in British Columbia (Forests) v. Teal Cedar Products Ltd. that is a little confusing, …

1

Nov

2013

Michael’s Blog

Class Action Decision Considers Secondary Market Misrepresentation Actions

by Michael Beeforth – Dentons

On July 25, 2013, Justice Belobaba of the Ontario Superior Court of Justice released his decision in Dugal v. Manulife Financial (2013 ONSC 4083) certifying a proposed class action brought against Manulife and granting the plaintiffs leave to commence an action for secondary market misrepresentation under …

7

Oct

2013

Vanessa’s Blog

Contractual Commitments to Negotiate in Good Faith – A Serious Issue to be Tried?

By Vanessa Voakes – Stikeman Elliott LLP

Absent a special relationship between parties to a negotiation, a tortious duty to bargain in good faith has generally gone unrecognized in Canadian law.  However, in Molson Canada 2005 v. Miller Brewing Company, 2013 ONSC 2758, Justice Wilton-Siegel of the …

3

Sep

2013

Safina’s Blog

The worst of both worlds: The lack of protection against self-incrimination for Canadians giving evidence in US actions

By Safina Lakhani, Polley Faith LLP

In Davidson v Barnhardt, 2012 ONSC 6016, Justice O’Neill held that a witness in Ontario who is compelled to give evidence in a US civil action pursuant to a Letter of Request is not allowed to invoke …

1

Aug

2013

Amanda’s Blog

Needs vs. Preferences and the role of Lifestyle Choices in the Accommodation of Family Status

By Amanda McLachlan – Bennett Jones

Family status has become a hot topic before provincial and federal human rights tribunals over the last year and has likewise become an intriguing issue for both employers and employees alike. Although family status is not a newly minted …

3

Jul

2013

Carole’s Blog

Speak Your Mind: Third Party Communications in Class Actions Clarified by Appellate Court

By Carole Piovesan – McCarthy Tetrault

For those choosing not to participate in a class action, the Court of Appeal in Pet Valu Canada Inc., has now clarified their right to communicate freely with fellow class members still considering their decision.

Background

The plaintiff represents a class of franchisees claiming …

1

Jun

2013

Andrea’s Blog

Taking out the hired gun: Recent jurisprudence on expert independence

By Andrea Bolieiro – Pape Barristers

The Nova Scotia Court of Appeal recently described the “uncomfortable seat” occupied by expert witnesses in the courtroom:

“On one hand, there are there to assist the court by offering advice in areas where special knowledge is required…On the other hand, the court typically does not …

30

Apr

2013

Amy’s Blog

Baglow v. Smith: Where Robust Debate Ends and Defamation Begins

By Amy Archer – Lerners LLP

As online communication evolves, so too does the potential for the wide spread publication and dissemination of defamatory statements.  In Grant v. Torstar, 2009 SCC 61, the Supreme Court of Canada emphasized the need for the law of defamation to evolve in order to keep pace …

31

Mar

2013

Ren’s Blog

Cottages, Activists and Arbitrators: When Legislation Overrides an Agreement to Arbitrate

By Ren Bucholz – Lenczner Slaght

When disputes arise between parties to an agreement containing an arbitration provision, the first step is often a fight over the scope of the arbitrator’s jurisdiction. These tussles can be motivated by a party’s realization that the arbitration will be seated in their …