Today
Today
Blaneys Court of Appeal Summaries (August 22-26, 2016)

Blaneys Court of Appeal Summaries (August 22-26, 2016)

  • August 31, 2016
  • John Polyzogopoulos

Topics covered in this week's Court of Appeal decisions include class actions, family law, and bankruptcy proceedings. Several decisions touched on procedure, such as the rule prohibiting a pre-trial judge from presiding over a summary judgment motion without the parties' consent, whether the stay of proceedings under the Bankruptcy and Insolvency Act stays contempt proceedings, the timing of the hearing of a motion to quash an appeal, and full and frank disclosure when seeking ex parte orders.

Civil Litigation

Pension Regulation - What's New in August

  • August 25, 2016
  • Michelle Rival and Evan Shapiro

A solvency funding framework proposal, more temporary funding relief for public sector plans, updated guidance on determining the solvency liability adjustment, and more.

Pensions and Benefits Law

Blaneys Court of Appeal Summaries (August 15 - 19, 2016)

  • August 22, 2016
  • John Polyzogopoulos

In a labour law case it was decided that the Expenditure Restraint Act, which capped public service employee wages during the recession arising out of the financial crisis of 2008 and did not allow unions to try and make up those losses at a later date, did not infringe the federal unions’ right to freedom of association under s. 2(d) of the Charter. Other topics include administrative law, securities class actions, mortgagees’ rights as against residential tenants and easements of necessity.

Civil Litigation
Blaneys Court of Appeal Summaries (August 2-5, 2016)

Blaneys Court of Appeal Summaries (August 2-5, 2016)

  • August 22, 2016
  • John Polyzogopoulos

There were three civil decisions of note this week. Two were family law cases, one involving an attack on fraudulent conveyances. The other was a “priority dispute” between insurers in the statutory accident benefits context.

Civil Litigation
Blaneys Court of Appeal Summaries (August 8 – 12, 2016)

Blaneys Court of Appeal Summaries (August 8 – 12, 2016)

  • August 22, 2016
  • John Polyzogopoulos

Welcome to another week of summaries of civil decisions of the Court of Appeal for Ontario. Topics covered include municipal liability, contracts, employment law, stay pending appeal to the Supreme Court of Canada and class actions (adding representative plaintiffs and whether breach of the price-fixing provisions of the Competition Act can constitute the unlawful act element of the tort of civil conspiracy).

Civil Litigation
Blaneys Court of Appeal Summaries (July 25 - July 29)

Blaneys Court of Appeal Summaries (July 25 - July 29)

  • August 22, 2016
  • John Polyzogopoulos

For the end of July, this was a fairly busy week for the Court of Appeal. Topics covered included family law, professional negligence, professional misconduct, vexatious litigants, dismissal for delay, unjust enrichment (office pool lottery winnings), breach of contract and construction law.

Civil Litigation
Scales with a "$" on the plates

The New Frontier: Commercial Third-Party Litigation Funding

  • August 17, 2016
  • Khalid Karim and Scott R. Venton

Until recently, investment in litigation by third parties was a taboo subject in Ontario, however thanks to recent case Schenk v. Valeant Pharmaceuticals International, it's now on the cusp of taking hold in Ontario.

mechanical hand grasping a human hand

Debatable: Robo-Advising Could be a Boon for Access to Justice

  • August 16, 2016
  • Malcolm Mercer

Lawyers don’t come close to fully serving the legal needs that exist in society. There can be no ethical justification for prohibiting that which lawyers don’t actually provide nor, more scarily, what can be effectively provided at lower cost.

a mechanical hand grasps a human hand

Debatable: Robo-Advisors are another heavy burden for the legal profession

  • August 16, 2016
  • Joseph Groia and Siobhan Mullan

This issue’s debate looks at the increasingly popular robo-advisor; used in financial services, robo-advisors provide wealth management advice based on an automated algorithm, in place of live financial advisors. Could this technology be successfully applied to legal services? Would it be a boon to the profession or a means to increase access to justice?