Understanding personal injury law: Beyond car accidents
When we think about personal injury law, the immediate association often leans toward car accidents. This connection is not unfounded – a significant portion of personal injury cases indeed stems from motor vehicle collisions. However, personal injury law encompasses many other types of clai…
View the post titled Understanding personal injury law: Beyond car accidentsOntario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)
In Davies v. Clarington (Municipality), 2023 ONCA 376, the Ontario Court of Appeal reached the reasonable conclusion that non-party lenders with no involvement in directing litigation are not liable to pay an adverse costs award that a plaintiff will not pay. On this appeal, the Court provi…
View the post titled Ontario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)Same as it ever was? Divisional Court sets out Ontario law on honoraria in Doucet et al. v The Royal Winnipeg Ballet et al.
In March of 2022, we blogged about honoraria and observed that while Ontario was trending towards a more permissive approach where such payments are commonly approved, Justice Perell’s decision in Doucet v The Royal Winnipeg Ballet, 2022 ONSC 976 (“Doucet”),was an outlier that took Ontario l…
View the post titled Same as it ever was? Divisional Court sets out Ontario law on honoraria in Doucet et al. v The Royal Winnipeg Ballet et al.An employment lawyer’s review of an AI-drafted employment agreement
Along with what feels like every other person on the planet, I’ve been experimenting with ChatGPT. For the uninitiated, ChatGPT is an AI chat bot developed by OpenAI. I’m hardly an expert on the subject, but ChatGPT does not appear to “think” the way humans do. It is incapable of subjective …
View the post titled An employment lawyer’s review of an AI-drafted employment agreementFederal Court grants injunctive relief against interfering law firm – Moushoom v Canada (Attorney General)
In August 2022, the Federal Court released its decision in Moushoom v Canada (Attorney General), 2022 FC 1212 (“Moushoom”), granting the Plaintiffs’ motion for an interlocutory order that no legal professionals other than class counsel, the Plaintiff Assembly of First Nations, or the Court-a…
View the post titled Federal Court grants injunctive relief against interfering law firm – Moushoom v Canada (Attorney General)Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.
In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pier…
View the post titled Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.When should I hire a third-party investigator?
You’ve received a harassment complaint by one of your employees and you think, who is going to investigate this? You might feel ill-equipped to deal with the process, perhaps you indirectly report to the respondent, you may have a desk full of urgent work and you cannot clear your schedule t…
View the post titled When should I hire a third-party investigator?Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisions
Our Ontario clients are aware that a Court of Appeal decision from 2020, Waksdale, prompted many employers to revise many of their employment contracts. Waksdale confirmed that if any provision of an employment agreement that is relevant to termination of employment violates the Employment S…
View the post titled Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisionsThe Ontario Court of Appeal weighs in on sexual harassment and just cause
Termination of employment for cause can seem like an unbelievably high bar for an employer to meet. Fortunately, the Ontario Court of Appeal has released two decisions in the last year that have upheld terminations for cause in circumstances involving sexual harassment and assault. Hucsko v.…
View the post titled The Ontario Court of Appeal weighs in on sexual harassment and just causeCan an employee’s involvement in the Freedom Convoy protests result in their termination of employment?
As we all know, life’s events are constantly being photographed, posted, tweeted, and shared. It seems that keeping our private lives private, has become less and less of a reality as the years go by. As a result, keeping a separation between employees “on-duty conduct” and “off-duty conduct…
View the post titled Can an employee’s involvement in the Freedom Convoy protests result in their termination of employment?Receive Blog Posts
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