Blog

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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Supreme Court Finds Lawyer Liable for Referral to Financial Advisor

8 March 2019

By Uri Snir

According to a recent decision of the Supreme Court of Canada, lawyers can be held liable for referring clients to another professional who subsequently turns out to be a fraudster, especially where the actions of the lawyer go beyond a mere referral. In this case, the lawyer in question not only referred clients to his financial advisor, he also recommended and endorsed the advisor’s investments over several years.

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Feeding the mouth that bites you: plaintiff required to provide advances for defence legal fees

25 February 2019

By Michael Bookman

When should a successor company be forced to pay an advance on legal fees to predecessor shareholders whom the successor company is suing? The recent motion decision in Noranco v MidOcean Partners III1 might give pause to successor companies considering legal action against the selling shareholders who may be indemnified, under certain circumstances.

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Claims Against Individual Directors and Officers of Fortress Struck Without Leave to Amend

6 February 2019

By Cynthia Spry

The Globe and Mail has suggested that the fall of the Fortress group of companies “could become Canada’s largest syndicated mortgage failure”, as “[b]etween 2008 and 2017, Fortress … raised a staggering $920 million from 14,000 retail investors to fund mortgages for an array of developments.”

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Negligence Claim against Law Firm Allowed to Proceed after Court of Appeal Reverses Summary Judgment

7 January 2019

By Uri Snir

In a recent decision of the Ontario Court of Appeal, the Court found that a motion judge erred in awarding partial summary judgment and dismissing a professional negligence claim against a law firm.

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