Articles

Aujourdʼhui
Aujourdʼhui

Court of Appeal Summaries (July 19-23)

  • 26 juillet 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.

Litige civil, Student Forum

Court of Appeal Summaries (July 12-16)

  • 19 juillet 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).

Litige civil, Student Forum

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

  • 16 juillet 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”).

Droit des enfants et des jeunes, Student Forum
Class Actions in Employment Law - Current Developments and Upcoming Issues

Class Actions in Employment Law - Current Developments and Upcoming Issues

  • 15 juillet 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.

Droit du travail et de l’emploi, 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…

  • 13 juillet 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.

Droit du travail et de l’emploi, Student Forum
Featured Member: Kathleen Robichaud

Featured Member: Kathleen Robichaud

  • 13 juillet 2021
  • Lauren J. Dalton & Kathleen Robichaud

This month, we are introducing a new series, "Featured Members," to shine a spotlight on members of the OBA's Business Law Section. We hope this series can help to connect OBA members practicing in areas such as corporate, real estate and wills and estates law across the province of Ontario. If you would like to be included in the "Featured Members" series, please reach out to the Business Law Executive Newsletter Editor, Lauren Dalton, at ldalton@willkie.com.

Droit des affaires, Student Forum

Does CEPA Adequately Protect Canadians and Communities from the Threats Posed by Emerging Biotechnologies and GMOs? Will Bill C-28 Address the Need for Changes?

  • 13 juillet 2021
  • David McRobert and Angela Dittrich

This article examines whether Part 6 of the Canadian Environmental Protection Act (CEPA) adequately regulates the animate products of biotechnology. The authors propose changes to Part 6, and examine the extent to which Bill C-28 could address the challenges identified.

Droit de l’environnement, Student Forum