Two corporate modernization developments taking effect today in Ontario
On October 19, 2021, Ontario is taking two significant steps toward the modernization of Ontario corporate law and services, one statutory and one procedural. These developments are of particular importance to not-for-profit corporations who have patiently awaited the arrival of a new statut…
View the post titled Two corporate modernization developments taking effect today in OntarioOntario Court releases merits decision in medical malpractice class action
After years of litigation, a medical malpractice class action has been decided on its merits. On September 15, 2021, the Ontario Superior Court released its common issues trial decision in Levac v. James, 2021 ONSC 5971. The class action resulted in the plaintiff achieving complete success a…
View the post titled Ontario Court releases merits decision in medical malpractice class actionA right to a healthy environment
In a ground breaking decision on Friday, October 8, 2021 the United Nations Human Rights Council recognized the right to a clean, healthy and sustainable environment. Resolution 48/13 calls on the countries throughout the world to work cooperatively in the implementation of this new right to…
View the post titled A right to a healthy environmentFirst reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank
In Dufault v Toronto Dominion Bank, 2021 ONSC 6223, the Ontario Superior Court considered the sequencing of pre-certification motions under s. 4.1 of the amended Class Proceedings Act for the first time. The amendment provides as follows: Early resolution of issues 4.1 If, before the hearing…
View the post titled First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion BankSue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, uph…
View the post titled Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”Assessing medical malpractice damages and Family Law Act damages
This article about damages for Family Law Act (FLA) claimants is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ between individual…
View the post titled Assessing medical malpractice damages and Family Law Act damagesWe don’t get paid unless you do – a guide to contingency fee agreements
High fees are often one of the first things that come to mind when hiring a lawyer. Most lawyers bill hundreds of dollars for every hour of work and pursuing a matter to the end of trial can take hundreds of hours, if not more. The cost of competent legal representation should not be a...
View the post titled We don’t get paid unless you do – a guide to contingency fee agreementsBlades, boards & (non)automobiles
As teenagers return to school and students return to campuses, there is inevitably increased traffic on the roadways. This traffic can include more than just motor vehicles. Other modes of transportation, such as rollerblades and skateboards, also have an increased presence. This may leave d…
View the post titled Blades, boards & (non)automobilesSecurities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claims
In Badesha v Cronos Group, Justice Morgan denied the plaintiff’s motions for leave to proceed with statutory misrepresentation claims under Part XXIII.1 of the Ontario Securities Act (“OSA”) and for certification pursuant to the Class Proceedings Act, 1992. The case raises interesting questi…
View the post titled Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claimsLandlord and other third-party consents in business transactions
When a professional practice or business is sold, whether by share sale or asset sale, consideration must be given to the issue of third-party consents. Typically, when a business enters into a third-party contract, the contract will include a provision whereby the consent of such third part…
View the post titled Landlord and other third-party consents in business transactionsReceive Blog Posts
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