Blog

Court of Appeal Finds that Legal Aid Ontario has no Obligation to Assess the Merits of its Cases

6 August 2019

By Uri Snir

In its recent decision in Hunt v. Worrod,1 the Ontario Court of Appeal set aside an order for costs against Legal Aid Ontario (“LAO”). The Court found that, as a government sponsored funder of legal aid, LAO is not required to assess the merits of the cases it funds.

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Ontario Court of Appeal Reminds Contracting Parties of their Options upon Contract Repudiation

2 August 2019

By Michael Bookman

In its recent decision Hurst v. Hancock1, the Court of Appeal for Ontario reminds contracting parties of their options when faced with an anticipatory breach of contract or repudiation.  When one contracting party repudiates its contractual obligations, the other contracting party may accept the repudiation and sue or it may wait until performance of the contract is due and fails to materialize before bringing a claim. This choice featured prominently in the underlying issues on the appeal.  

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Alberta Court Denies Certification of Investor Class Action

4 July 2019

By Uri Snir

In a recent decision of the Court of Queen’s Bench of Alberta, the Court denied certification of a proposed class action by a group of investors who suffered losses allegedly caused by their financial advisor. The Court held that the Plaintiffs were unable to establish an identifiable class, and that a class action was not the preferable procedure for litigating the claims.

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Thrift Shopping for Grownups - how to reduce your carbon footprint and look great doing it

21 June 2019

By Eden Kaill

Those of us who work in professional environments (especially law firms) tend to have some significant hesitation around the idea of second-hand clothes. We need to look put-together, and most of us don’t have the time or energy to go through the racks at Value Village in the hopes that one of the ten suits they have at any given time will be both nice and in the right size. We worry that used clothes will look cheap, that second-hand stores smell funny, and that we won’t find anything that fits.

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Court of Appeal Holds that Partial Summary Judgment Should be Rarely Awarded

21 May 2019

By Uri Snir

In a recent decision, the Ontario Court of Appeal set aside a partial summary judgment for fraud.

The Court held that partial summary judgment should only be granted where the motion judge is satisfied that the issues being resolved on partial summary judgment can be readily bifurcated from the issues proceeding to trial. 

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Ontario Court of Appeal Confirms Class Members are Akin to Parties

2 May 2019

By Michael Bookman

The Ontario Court of Appeal’s recent decision in ALS Society of Essex County v. Windsor (City)2019 ONCA 344, offers important guidance on the question of whether class members are “parties” in class action litigation. While class members are not “parties” in the normal sense, the Court of Appeal held that they are akin to parties, as their rights are being adjudicated by the court in the class proceedings.

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Supreme Court Stays Claims by Business Customers in Class Proceedings Against TELUS

30 April 2019

By Brendan Monahan

In TELUS Communications Inc. v. Wellman, 2019 SCC 19, a majority of the Supreme Court of Canada has ruled that business customers with claims against TELUS will have to pursue their claims through arbitration, and cannot “piggy back” on a consumer class action.

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Technology and the Law: Ontario Court of Appeal Confirms Parties Cannot Record Proceedings without Court Order

30 April 2019

By Cynthia Spry

It’s fascinating to see the changes technology is making in the law. We did a three-week trial in December that was completely electronic. It was liberating. There was no schlepping of fifteen bankers’ boxes of documents to court on the first day, no agonizing over which binders we needed to lug back to the office for that evening’s cross-examination preparation, and no need to cover everything in colour-coded stickies to be able to find that crucial document at a moment’s notice. It also saved a considerable amount of court time, because we could all navigate between the documents so much more quickly.

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Taking Away the Corner Office - should your firm go modular?

25 April 2019

By Eden Kaill

I was at a workplace-tech conference a couple of months ago, and I heard a presentation on open-concept modular office layouts, where workers don’t have their own designated work area but instead move freely between desks, thereby freeing up unused offices and allowing companies to make more efficient use of space.

The presenter was animated and enthusiastic, but I was highly skeptical to say the least.

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Ontario Court of Appeal provides further guidance on “valid defence” analysis under anti-SLAPP legislation

13 March 2019

By Brendan Monahan

In a pair of recent decisions, the Ontario Court of Appeal provided further guidance on the correct approach to the “valid defence” analysis under the anti-SLAPP provisions of section 137.1 of the Courts of Justice Act (the “CJA”).

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