A 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…Continue reading the post titled A right to a healthy environment
First 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…Continue reading the post titled First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank
Sue 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…Continue reading 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…Continue reading the post titled Assessing medical malpractice damages and Family Law Act damages
We 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...Continue reading the post titled We don’t get paid unless you do – a guide to contingency fee agreements
Blades, 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…Continue reading the post titled Blades, boards & (non)automobiles
Securities 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…Continue reading 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 claims
Landlord 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…Continue reading the post titled Landlord and other third-party consents in business transactions
Can a business charge a customer to access their personal information?
Typically, no. It’s not recommended. If you do, contact us as soon as possible because you may get into some trouble with the law. Best Practice: give your customer access to their personal information for free unless the request is excessive or repetitive. You must also have this written do…Continue reading the post titled Can a business charge a customer to access their personal information?
Attendant care benefits and the trivialization of women’s work
Caregiving is often performed by women and is considered women’s work. It is also undervalued and unpaid. The way automobile insurers determine how care providers are (or are not) paid illustrates and perpetuates this problem. Attendant care benefits may be available to those who have sustai…Continue reading the post titled Attendant care benefits and the trivialization of women’s work
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