Articles 2020

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Mediating Just Cause Cases

Mediating Just Cause Cases

  • September 15, 2021
  • Stuart Rudner, Rudner Law

In this article, mediator and employment lawyer Stuart Rudner provides advice for how counsel should approach allegations of just cause at mediation.

Labour and Employment Law, Student Forum

Weaponized Access to Justice: Staying Individual Actions Pending Certification of a Class Action

  • September 15, 2021
  • Jasminka Kalajdzic, associate professor | clinic director, Windsor Law | Class Action Clinic

In a recent decision from Saskatchewan, the Court was asked by the representative plaintiffs in a proposed class action arising from the Humboldt Broncos bus crash to stay an individual action brought by family members of those killed in the tragedy. The Court granted the stay pending the April 2022 Certification hearing, effectively turning access to justice on its head. By depriving individual plaintiffs of control over their litigation, access to justice is both delayed and denied.

Class Actions, Student Forum

Now and Then: An Overview of the Development of Location-Specific Disclosure Requirements, Where We Are and Where We Are Going Following Freshly Squeezed and Yogurtworld

  • August 19, 2021
  • Christine Jackson, partner, Osler, Hoskin & Harcourt LLP, and Dominic Mochrie, partner, Osler, Hoskin & Harcourt LLP

Determining the scope of "all material facts" that must be disclosed to franchisees is a key part of the continuing evolution of franchise law in Canada. This article provides important insights on two recent cases dealing with location-specific disclosure requirements, and sets out a helpful overview of how the law has developed in this area.

Franchise Law, Student Forum