Articles 2023

There were two wrongful dismissal cases this week. One was brought by a physician against Sick Kids Hospital. The second involved the breach of fiduciary duty of a senior officer of a public company who was found to have been self-dealing. Other topics included spousal support and dismissal for delay.

A welcome message from our Chair and highlights of the Workers' Compensation Section's upcoming CPD programs!

A recent decision of the Divisional Court discusses what constitutes an action not made primarily for the purpose of claiming benefits under the Statutory Accident Benefits Schedule (SABS) and how this interacts with the Workplace Safety and Insurance Act.

As everyone will have heard by now, the Court of Appeal stayed Justice Belobaba’s decision in Toronto (City) v. Ontario (Attorney General). Other topics this week included notice of termination in the context of a mass termination of employees, municipal liability for non-repair of a highway (two decisions), administrative law in the WSIB context, and causation in the medmal context.

The author provides a high-level overview of the new TOSI rules and considers potential problems that might arise, particularly for the owner-manager of a small to medium size business.

The author discusses important changes to the limited partnership at-risk-amount rules in response to the FCA’s decision in Green.

From Airbnb to Uber and Lyft, members of the sharing economy are finding that their privacy is not as well-protected as they might expect.

Topics include trespass by an owner’s invitees over land that was subject to a right of way granted by the owner to the plaintiff, stay pending appeal in the context of the ongoing administration of the residential schools settlement, appealing a judgment for breach of a commercial lease on the basis of fresh evidence, mental distress damages for negligence claims, jurisdiction and attornment in a custody dispute, and abuse of process in the context of requesting a reconsideration of an appeal.