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In national class action lawsuits where putative class members have suffered injuries, Family Law Act claimants (“FLA Claimants”) residing outside of Ontario may be excluded from damage awards.

Fraud remains an ever present, if not growing, feature of the business and legal landscape in Canada. As is so often the case, the legal contest which arises from fraudulent activity lies between two innocent parties, while the fraudster...

Judicial mediation, mediation roster rates, the recent position paper from the College of Physician & Surgeons of Ontario on experts. Just three of the important issues the Civil Litigation Executive is considering on behalf of OBA litigation lawyers.

For many litigators who do not regularly appear in the Federal Court it can be quite intimidating. Many practises and procedures in the Federal Court, while similar in many respects to those of several other jurisdictions, such as Ontario, are also quite different in many respects.

On November 17, 2011, the Supreme Court of Canada will hear an appeal of a noteworthy decision of Ontario Court of Appeal (the “CA”) Southcott Estates v Toronto Catholic District School Board, 2010 ONCA 310; (leave to appeal) [2010] S.C.C.A. No.256.).

Pamela Palmater deconstructs the government’s actions with the drafting of Bill C-3, and argues that the list of problems with the Bill outweigh any benefits, with the end result being an assault on the fundamental aspect of equality.

Brian J. Hebert describes the issues that arise with regard to the duty to consult and accommodate as a result of the Carrier Sekani decision.

David Barbaree gives a synopsis of Justice Tony North's April 28th, 2011 presentation at the OBA Conference Centre

John Edmond studies Bill S-11 dealing with Reserve water regimes. Edmond describes the Federal government’s response to Chapter 5 of the Commissioner of the Environment and Sustainable Development’s 2005 report, “Drinking Water in First Nations Communities”