Articles 2021

In Brazeau v. Canada, 2019 ONSC 1888, the Ontario Superior Court of Justice awarded $20 million in damages for class-wide systemic Charterbreaches following a successful summary judgment motion by the class

If you genuinely wish to implement bilingualism in your office, these tips will help to go beyond tokenism.

This article considers the recent bill of environmental rights that one city granted to Lake Erie. It examines the history of granting legal rights to nature, as well as arguments for and against. While reluctant to dismiss granting nature legal rights as largely a façade, the authors conclude that more complex regulatory solutions premised on cooperation between multiple stakeholders seem more likely to deliver a viable, long-term solution for the Lake.

Senior criminal defence lawyer Alan Gold writes about the frailties of witness confidence and certainty.

Matters covered this week included the dismissal of a proposed class action against the LCBO regarding the sale of beer in Ontario, the viability of claims by police officers against Crown attorneys for negligence and misfeasance in public office, summary judgment motions in child protection proceedings under the Child, Youth and Family Services Act, motions to change spousal support orders, and a residential tenancy dispute involving a missing cat.

This article is an analysis of the Court of Appeal decision in Imeson v. Maryvale (Maryvale Adolescent and Family Services), 2018 ONCA 888 (“Imeson”). In Imeson, the Court of Appeal emphasized the importance of the judicial gatekeeping role for expert witnesses and clarified the boundaries of proffering “participant expert” evidence at trial.

This article reviews the case law and commentary on whether there is a role for section 3 counsel in circumstances where the client is unable to communicate their instructions or wishes.

Summaries of this week's Court of Appeal cases.

Lessons learned from the Ontario Court of Appeal's decision in Das v George Weston Limited regarding dispositive motions and costs awards.

This is a timely article that canvases 2017 and 2018 case law for family law lawyers regarding the treatment of spousal and child support obligations on the death of the payor, and the corresponding rights and obligations that must be considered by family law lawyers when drafting Agreements and consent Orders.