Today
Today

Blaneys Court of Appeal Summaries (September 26 - 30, 2016)

  • October 03, 2016
  • Chad Kopach

There were seven substantive civil decisions released this week, and three of note: 407 ETR Concession Company Limited v. Day; Trillium Motor World Ltd. v. General Motors of Canada Limited; and Enerzone Inc. v. Ontario (Revenue). In particular, in 407 ETR Concession Company Limited v. Day, the Court approved the contractual extension of the limitation period in the 407 transponder lease agreements.

Civil Litigation

Co-Mediation: Conductors in Tandem

  • October 03, 2016
  • Sina Hariri

Mediation is an interesting alternative to court that provides an arena for a unique interplay between the parties, and the dimensions of their dispute. The mediator exerts an influence that can significantly impact the outcome of the mediation process. Where two mediators are present (as is the case in the co-mediation model), there is a significant opportunity for even greater success…or self-sabotage!

Alternative Dispute Resolution

Minister of Health and Long-Term Care Promises Legislative Changes Relating to Sexual Abuse

  • October 03, 2016
  • Lisa Spiegel, Partner, Miller Thomson LLP

Health care professionals are prohibited from engaging in sexual acts, conduct, or behaviour with their patients. It is professional misconduct to engage in such conduct, which is defined as “sexual abuse” in the governing legislation. The legislation attempts to impose a zero tolerance approach to sexual abuse. Sexual abuse involving certain frank sexual acts results in the mandatory revocation of a regulated health professional’s certificate of registration.

Health Law

IPC Releases Guidance on Communicating PHI by Email

  • October 03, 2016
  • Daniel Girlando and John M. McIntyre

​The Fact Sheet sets out a number of requirements that the IPC will expect health information custodians to meet if they decide to use email to communicate personal health information.

Health Law

Exempting Children from Vaccinations: The Immunization School Pupils Act and its Amendment

  • October 03, 2016
  • Rebecca J. R. Hong

There are few paediatric health issues in recent memory more contentious than immunizations. Given the current trends of questioning the safety of vaccinations despite scientific evidence to the contrary, and as underscored by the outbreaks of measles in Ontario last year, the regulatory framework for recording and exempting immunizations in Ontario appears to require enhancement.

Health Law

Exempting Children from Vaccinations: The Immunization School Pupils Act and its Amendment

  • October 03, 2016
  • Rebecca J. R. Hong

There are few paediatric health issues in recent memory more contentious than immunizations. Given the current trends of questioning the safety of vaccinations despite scientific evidence to the contrary, and as underscored by the outbreaks of measles in Ontario last year, the regulatory framework for recording and exempting immunizations in Ontario appears to require enhancement.

Health Law
Man looking down at laptop with glasses pushed down his nose

Discrimination in Wills: How far can it go?

  • September 30, 2016
  • Helen Burgess

A central tenet in estates law is that “a person has the right, subject to fulfilling specific legal obligations to dependants, to dispose of his or her estate in an absurd or capricious manner, whatever others may think of the fairness or reasonableness of the dispositions”. But what if the Will is discriminatory or found to be harmful to the public?

Divisional Court Finds that Discipline Committees Cannot Suck and Blow at the Same Time When Deciding Whether to Award Costs

  • September 28, 2016
  • Christopher Wirth and Renata Antoniuk

In the recent decision of Truman v Association of Professional Engineers of Ontario, 2016 ONSC 472, the Divisional Court reversed a decision of the Discipline Committee of the Association of Professional Engineers of Ontario, which had refused to award a member costs of a stayed discipline proceeding. In so doing, the Court also confirmed that it has the jurisdiction to award costs to a member for an unwarranted Discipline Committee hearing.

Administrative Law

Blaneys Court of Appeal Summaries (September 19 – 23, 2016)

  • September 27, 2016
  • John Polyzogopoulos

There were several substantive civil decision released this week. They included a priority dispute in the receivership, a motion to stay a Superior Court order pending the determination of a leave application to appeal to the Supreme Court of Canada, and an option to purchase a property and a question as to the ensuing rent owed.

Civil Litigation