Articles 2020

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Court of Appeal Summaries (August 2-6)

  • August 10, 2021
  • John Polyzogopoulos

Please find below our summaries of the civil decisions of the Court of Appeal for the week of August 2, 2021.

Civil Litigation, Student Forum

Azar v Strada Crush Limited: The Importance of a Suitable Indemnity Agreement for Adverse Costs for the Representative Plaintiff in a Class Action

  • August 03, 2021
  • Peter W. Kryworuk and Jacqueline M. Palef, Lerners LLP

In Azar v Strada Crush, Justice Morgan comments on a representative plaintiff’s potential exposure to adverse cost awards, and the importance of having an indemnity for costs in place for the representative plaintiff, whether that is addressed in the retainer agreement by class counsel agreeing to indemnify the representative plaintiff, or by securing a third party indemnity for costs from the Class Proceedings Fund or a third-party funding company.

Class Actions, Student Forum

Court of Appeal Summaries (July 26-30)

  • August 02, 2021
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 26, 2021.

Civil Litigation, Student Forum

Court of Appeal Summaries (July 19-23)

  • July 26, 2021
  • John Polyzogopoulos

In Florence v Benzaguen, the Court grappled with the issue of whether it is settled law in Ontario that doctors do not owe a duty of care to an unborn child pre-conception. The majority struck the Appellants’ claim of negligence, holding that no duty of care is not recognized at law. In dissent, Fairburn A.C.J.O. held that this issue was not settled law and ought to be decided at trial. I suspect this may not be the last word on the issue.

Civil Litigation, Student Forum

Court of Appeal Summaries (July 12-16)

  • July 19, 2021
  • John Polyzogopoulos

Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 16, 2021. Topics covered this week included several family law decisions relating to custody and access, relocation and spousal support and labour law (duty to bargain in good faith).

Civil Litigation, Student Forum

Reviewing the Rights of First Nations Children: Commenting on the Caring Society Litigation

  • July 16, 2021
  • Szymon Rodomar and Wei Yang

A review of the submissions made during an application for judicial review in Federal Court concerning a 2019 compensation order made by the Canadian Human Rights Tribunal (“CHRT”) for Indigenous victims of the discriminatory underfunding of child and family services (the “Compensation Decision”) and the CHRT’s 2020 decision regarding the definition of “First Nations child” (the “First Nations child Decision”).

Child and Youth Law, Student Forum
Class Actions in Employment Law - Current Developments and Upcoming Issues

Class Actions in Employment Law - Current Developments and Upcoming Issues

  • July 15, 2021
  • Andrew Monkhouse and Lexa Cutler, Monkhouse Law

Class actions in the realm of employment law are a relatively new but growing field. They are an ideal way for workers to have access to justice. Not only do they allow employees to maintain anonymity and prevent reprisals from their employer, but they also allow recovery of small amounts for employees, for claims that would not be financially viable for individuals to bring on their own. This article explores a few changes and trends being seen in employment law class actions.

Labour and Employment Law, Student Forum
Is Placing an Employee on the Infectious Disease Emergency Leave a Constructive Dismissal?  The debate continues…

Is Placing an Employee on the Infectious Disease Emergency Leave a Constructive Dismissal? The debate continues…

  • July 13, 2021
  • Paul Schwartzman and Benjamin Zolf, Brauti Thorning LLP

At the commencement of the pandemic the Government of Ontario passed a new Regulation which introduced an unpaid leave of absence known as the Infectious Disease Emergency Leave. Recently two Ontario courts have given diametrically opposite conclusions on whether an employee who is placed on the Infectious Disease Emergency Leave can have a successful claim for constructive dismissal. This Article analyses these conflicting judgments and suggests a path forward.

Labour and Employment Law, Student Forum