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Is it frustration of contract or discrimination?
The Class Representative Has the Exclusive Right to Accept an Offer to Settle
Court of Appeal Weighs in on Winter Maintenance of Municipal Sidewalks
Certification is a Technical and Procedural Matter
Effective Interjurisdictional Notice – It's All in the Heading?
Costs of an Unsuccessful Certification Motion
A Minute On....Minutes
Considering Notice in the Unusual Circumstances of Silver v. IMAX
The Unusual Circumstances of Silver v. IMAX - When The Representative Plaintiff From a Parallel Proceeding Moves to Participate
Director & Officer Liability: 8 Tips for Protecting Your Personal Assets
The Five Things Every Entrepreneur Should Do This Year
Motions to Approve Third Party Funding Agreements Are Not to be Heard Ex Parte or In Camera
Focus - An Unsuitable Representative Plaintiff
Plaintiff Denied Leave to Withdraw Admission
Efficiency and Finality Should Govern the Implementation of Class Action Settlements
Insider Trading - Private Corporations
Dispute Resolution Clauses
Policy Considerations Negate a Duty of Care in Mandeville v. Manulife
Director & Officer Liability: Where are the risks?
When can you register a construction lien against a landlord's interest in property
Certification Denied for Action Alleging Pure Economic Loss
A real estate broker was permitted to keep his registration where a brokerage loses its registration due to the conduct of the broker
Case Alert!! Decisions Which Will Affect Financing of Companies with Pension Plans and Potential Environmental Liability Expected from Supreme Court of Canada This Fall
What can I do to get paid if I have missed the time to file a construction lien
Certification Denied for Securities Class Action with “No Reasonable Chance of Success” at Trial
Priority Disputes - Step by Step Guide to Handling Claims
Practical new requirement pertaining to registering a Construction Lien against a condominium project
Registering a construction lien against multiple lots in a subdivision
What are the time limits for filing a construction lien?
Mareva Injunctions
The corporate 'shield' is not impenetrable - Directors and Officers of Ontario business corporations take note
Opportunities for Summary Judgment in Municipal Liability Cases
Anton Piller Orders
200+ laws in Ontario that impose personal liability on officers and directors of Ontario business corporations
The Perils of Poor Pleadings
Enforcement of Anton Piller Orders
Back to Basics: Attempting to Make Sure a Trial Judge Applies the Proper Analysis to Cases Alleging Non-Repair of a Roadway
Encouraging Signs for Summary Judgment Motions
Employee Benefits in an Insolvency
Ex parte Remedies and Disclosure
Bankruptcy and Insolvency - It's Not As Bad As You Think
Norwich Orders
Arbitration: An Alternative to Litigation for Dispute Resolution
Are lawsuits bad for business?
Letters Rogatory
Enforcing US Judgments in Ontario
School Board Liability for Sexual Abuse of Students by Staff – Recent Case Law Developments
Does Canada Need a New Uniform Arbitration Law?
Enforcing US Arbitral Awards in Ontario
Costs: Appeals Are Separate and Discrete Steps in a Class Proceeding
Insurers Beware: Duty to defend insured can arise even without ongoing duty to indemnify
Buyers Beware When Purchasing a Home
Debates Amongst Class Members Are a Permissible Form of Communication
Update: Letters Rogatory
Go Directly to Jail - Directors & Unpaid Wages
Can Contractual Language in an Insurance Policy Override a Statutory Limitation Period?
The S.E.C. v. D & T Shanghai
Toronto as a seat for Commercial Arbitration
Novel Claim for Breach of Good Faith and Fair Dealing in the Insurance Relationship Allowed to Proceed
Plaintiff Counsel is Ordered to Pay Costs of Motion Personally
Toronto's Commercial List
“Unusual” costs ruling raises access to justice issues
Not Missing the Sino-Forest for the Trees: ONCA upholds auditor's $117 million settlement despite objections from institutional investors over opt-out rights
When Does an Employee Lose Entitlement to Notice of Termination and Termination Pay?
Liquor Licensing Compliance Conference
G20 Class Action Certification Motion Dismissed
Supreme Court of Canada Clarifies Pierringer Agreements
Cy Près Recipient Must Not Be or Appear To Be Connected to Class Counsel
Task force right to suggest pretrial conference changes
Successful Class Action Trial in Northern Territories regarding Cellular Charges for 911 Emergency Service Fee
Legal Disability: Court Orders to Protect Parties, the Judicial Process, and Counsel
Successful Defendants Ordered to Bear Own Costs of Common Issues Trial
The Oppression Remedy
Replacement of Carriage Counsel Should Occur Where There is Unreasonable Delay
Defendant's obligation to disclose surveillance
Oppression Remedy & Creditors
Third Party Funding Approved to Protect Class Action Plaintiffs against Adverse Costs
Thirty Day Rule: Recovering Goods or Proceeds from a Bankrupt Client
Are you ready for Canada's Anti-Spam Legislation? Should you be? Part 1
An introduction to the risk of self-incrimination in cross-border disputes
Are you ready for Canada's Anti-Spam Legislation? Should you be? Part II
Auditors' Liability to Third Parties: An Overview
Derivative Action: How a shareholder can sue when the corporation won't
Sino-Forest Update: ONCA rules that institutional investors cannot appeal Ernst & Young settlement under the CPA
The risk of self-incrimination in cross-border disputes: Enforcing U.S. Letters of Request in Canada
Class Action Regarding Whirlpool Washing Machines Dismissed but Possibility for Future Claims for Economic Loss for “Shoddy” Consumer Goods Left Open
Set Off Rights: Recovering Goods or Proceeds from a Bankrupt Client
Auditors' Liability to Third Parties: Small closely-held corporations
Possession is Key in Consent Case
The Business Judgment Rule
Back to Work? Let's Start With A Look Back at 2013
To Costs or Not To Costs – Is That the Question?
The risk of self-incrimination in cross-border disputes: The case of Canadian criminal proceedings and U.S. civil litigation
Ontario Court of Appeal: License Suspensions for Failure to Pay Highway 407 Tolls Must be Lifted for Discharged Bankrupt
Express Trusts: Recovering Goods or Proceeds from a Bankrupt Client
Shotgun Offers Still Work
Auditors' Liability to Third Parties: Massive Liability May Not Be Indeterminate
Violation of Human Rights May Now Yield Additional Remedies in Abuse Cases
Navigating The All-risks Policy: Is Wear And Tear A Fortuitous Risk?
Ontario Court of Appeal Overturns Timminco
Consignment: Recovering Goods or Proceeds from a Bankrupt Client
Taking the Fight to the Ice: Ontario Court of Appeal allows enforcement action against Canadian subsidiary for environmental pollution in Ecuador
The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in U.S. criminal/regulatory proceedings – Part I
Quantifying Discretion in Costs and Fee Approvals
Auditors' Liability to Third Parties: An Alternative Approach
Unsuccessful Summary Judgment Motion to Dismiss Non-Earner Benefits
Supreme Court's Decision in R v. Nedelcu and its Impact on Litigation Involving Both Civil and Criminal Components
Supreme Court Denies Leave in Self-Identified Problem Gamblers Class Action – Class Action Remains Uncertified
The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in United States criminal/regulatory proceedings – Part II
Auditors' Liability to Third Parties: An emerging defence – Part I
Should Your Company Have a Shareholder Agreement?
The risk of self-incrimination in cross-border disputes: Hollinger case study – Part I
Transaction Letters of Intent
Concerns over the effectiveness of safeguards designed to prevent evidence from one proceeding being used against the witness in another
Open Bidding for Cy Près Awards?
Are You Awake?
Change of Venue: A Holistic Approach
The risk of self-incrimination in cross-border disputes: Hollinger case study – Part II
Interesting cost decision from the Court of Appeal
Certified "B" Corps: How to do good and make money at the same time
Fraud on the Market: Alive and Well After Halliburton v. Erica P. John Fund
Your Company Needs Confidentiality Agreements Before Showing Your Company Assets
The risk of self-incrimination in cross-border disputes: Hollinger Case Study - Part III
The risk of self-incrimination in international cross-border disputes
The rise and fall of the additional insured
The Limitations Act, Section 7: Are the Floodgates Opening? Landrie v. Congregation of the Most Holy Redeemer, 2014 ONSC 4008
Current trends in the risk of self-incrimination in cross-border disputes
The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)
The Mazda 3 Lock – alleged “shoddy goods” are not always defective
Auditors' Liability to Third Parties: In Pari Delicto – Part II
Non-party SIU Ordered to Produce Witness Statements in Police Litigation
The Tail Won't Wag the Dog: Ontario Court of Appeal Declines Jurisdiction Over Securites Trading Misrepresentation Case Outside Canada
Related Employers: Who Does the Labour Board Say is a Related Employer?
Sex in the Workplace Is Not Always Cause for Dismissal
Are Canada's No Cost Class Action Jurisdictions Moving to a Pre-Certification Cost Regime?
Choosing the right municipal case for summary judgment
Can Relatives Challenge Their Allotment Under My Will?
Contracts: From Illiteracy to Uncertainty Can You Be Certain About The Meaning of Contract?
Can You Pierce the Corporate Veil to Get Paid on a Construction Project?
The constitutional right to pursue traditional medicine
Facebook pages should be treated like journals in discovery
Even Appeal Court Finds the Law on Tenders is Complex
Owner of Construction Company Personally Liable for Deceit by an Estimator
Hop on Board the Carriage (Dispute): Leave to Appeal Granted in Mancinelli v Barrick Gold
Daily Life Troubles: Proving You Returned a Leased Car
Procedural Fairness - Is it getting harder to amend a class action claim?
Daily Life Troubles: Who Do You Return A Leased Car To?
Good Faith in Performance of Contracts
British Columbia Court of Appeal Applies "Workable Methodology" Test in Denying Certification in Pharmaceutical
Can a paid suspension amount to constructive dismissal?
Supreme Court of Canada establishes test for leave to commence action for breach of secondary market disclosure obligations under securities legislation
Class Actions and the Tort of Intrusion Upon Seclusion
Do I have to pay the Estates' debts?
Deference Carries the Day: Divisional Court Dismisses Appeal in Mancinelli v Barrick Gold
Court of Appeal Clarifies Procedural Requirements for Admission of Expert Evidence in Ontario
Honey for Bee Keepers – Federal Court of Appeal Expands Remedies Against The Crown
Court of Appeal Clarifies Enforceability of Entire Agreement Clauses
Nova Scotia Court of Appeal not amused at Bank's attempt to"whistle and chew at the same time"
The Importance of Apologies for Sexual Abuse
Update on pre-judgment interest calculations in motor vehicle accidents
Waiver of Tort - So long, It's Been Nice to Know You?
Mind the Gap: Cyber-Risk Management in the Era of Privacy Class Actions
Novel Privacy Tort Recognized in Certification of Marihuana Medical Access Plan Class Action
Evidence compellable even when no assurances as to use are obtained
Justice Perell Seeks To Tame Western Mount Vesuvius With First Principles
Bystander parent liability for sexual abuse
Recent decision on emerging issues in motor vehicle litigation
Sexual Abuse Cases: Who Pays the Legal Bills?
SLAPPing Out “Gag Proceedings”: Anti-SLAPP Legislation Comes Into Force in Ontario
Who gets paid in an insolvent estate?
No Liability Despite Auditors' Knowledge That Lenders Would Rely Upon Audit Opinion
Prejudgment Interest: A Prospective or Retrospective Application?
Can You Construction Lien an Airport?
Handling Expert Witnesses in the Wake of Moore v. Getahun
A Sea Change in the Interpretation of Contracts (and much more)
Uncertainty exists around court's stance on duty to defend
The Duty to Defend and the Apportionment of Defence Costs - Tedford v. TD Insurance Meloche Monnex - Case Comment
What defences may apply to a sexual assault claim? - Part 2
What defences may apply to a sexual assault claim? - Part 1
Why do I need to probate a will?
6 Top "TO DOs" in Share Purchase Transactions
Why "Buy Local" May Not Be a Good Thing
Negotiating the Deal
Transactional Confidentiality Agreements
More Clarity on the "Complex Law of Tenders"?
Joint Accounts: Is the Surviving Owner Really Entitled to the Money?
Nortel Executives are Acquitted of Fraud: A Comment on the Recent Decision in R. v. Dunn 1
Solicitor's Negligence Case Summary: Royal Laser v Cassels Brock & Blackwell LLP (2012)
What you need to know about Letters Rogatory in Ontario
Ontario Court of Appeal ruling on expert witnesses 'provides much needed clarity'
Is The Game Of "Whack-A-Mole" Coming To An End?
Selling Your Business? It Pays to Get Your Affairs in Order!
Availability of Similar Employment in Determining Reasonable Notice
Oppression Remedies May Be Lost Through Delay
Regulations and Drone Certification: Don't Fly by the Seat of your Pants
Earnouts in a Business Sale
Who can you give your Estate to?
All In The Details: Ontario Human Rights Tribunal Dismisses Case Based on “Bald Allegations” of Discrimination
Insurance for Small Businesses: Prudent Management of Risk
Bulk Sales Act – Repeal Is Coming
Sufficient Evidence of Commonality in Multi-product Medical Devices Class Actions - Cautionary Tales
CASL's Private Right of Action Looms Large
Blowing In the Wind – Wind Projects and their Unwilling Host
You Sunk My Carriage Battleship!
Accident Benefits Changes
SCC Resolves Multi-Jurisdictional Hearings Debate
“Private Prosecutions in the Public Interest?: Process, Possibilities, and Problems”
Ontario National Class Action Consistent with Protecting the Rights and Interests of Quebec Residents
It's Complicated.
Interventions in Federal Court: A (Nearly) New Approach
The High Cost of Asset Accumulation in a Common Law Relationship
Intervening in the ‘Interests of Justice' in the Federal Courts
Court Breaks New Ground for Sexual Assault Cases
Environmental Interventions in Federal Court Proceedings
New provisions on escheats of corporate property should cause corporations to take notice
What if a Will is Lost?
Supreme Court of Canada Clarifies Test for Rectification
Is Gross Insubordination Cause For Dismissal?
Family Law: Frequently asked questions about collaborative practice
A Little Help from Our Friends (of the Court): Public Interest Interventions in Ontario Courts
The Interplay of Family Law and Personal Injury
Class Actions for Spam and Canada’s Anti-Spam Legislation’s Private Right of Action?
Auditor’s Negligence Claim Certified as a Global Class Action in Ontario
“Free for Life” Has Strings Attached for Lawyers
Criminal v. Civil: How the Criminal Process Can Impact a Parallel Civil Process
When A Criminal Defence Must Yield to Civil Protections: The Use of Compelled Documentary Productions from a Civil Lawsuit
Bulk Sales Act Repealed
The End of the Battle of Dagg v. Cameron Estate (Securing Support Obligations)
When Common Issues Ain’t So Common: Decertification of Class Actions
Federal Cabinet delays the coming into force of private rights of action in CASL and other legislation, pending further study
Section 99(2) of Ontario Environmental Protection Act is a Powerful Remedial Tool to Seek Compensation for Historical Spills: Huang v. Fraser Hillary's Limited, 2017 ONSC 1500
Conservation Authority Decisions on Development Proposals Owed Deference, Court of Appeal Holds
Why You Need A Will
Family Law Reform and Access to Justice
Ontario Superior Court Applies Anti-SLAPP Law to Protect Free Expression on Public Interest Environmental Issues: United Soils Management Ltd. v. Mohammed, 2017 ONSC 4450
Reinforcing the Primacy of Privilege
Diversity and Inclusion at Lerners LLP
Retirement Does Not Automatically Terminate Spousal Support Obligations
Municipality’s Trespass Notice Trespasses Citizen’s Freedom of Expression
"Appropriate" Dispute Resolution
Power of Attorney: What is it and why do I need one?
Commercial Leasing Crash Course Seminar
Bracken v. Fort Erie: How Municipalities Ought Not to Trample Citizens' Freedom of Expression
Service of Family Process Abroad Must Comply with Hague Convention
Superior Court clarifies availability of judicial review and appeals from interlocutory Provincial Offences Act Orders
Court Raises the Discoverability Bar for Private Attorneys General
A Millennial’s Guide to Legal Information
Court Confirms Government Entities Cannot Sue Critical Citizens for Defamation
Full Indemnity Costs A Powerful Deterrent in Ontario’s Anti-SLAPP Regime
Expert Advice Series: How Lower Courts are Applying Hallmark Decisions
Expert Advice Series: “Ghost Writing” in Expert Reports. Who Prepared Your Expert’s Report?
Expert Advice Series: Consultation and Collaboration between Counsel and Expert Witnesses. Where to Draw the Line.
Do I have to sign a release before I can receive my inheritance?
No Friend to the Court: Public Interest Intervention Denied Where Nothing New to Say
Am I Entitled to Interest on Money from an Estate?
Court of Appeal holds that Waivers are Enforceable
If I do not get along with the Estate Trustee can I have them removed?
2018 Ontario Federation of Anglers and Hunters AGM and Conference: A Lawyer’s Experience
Celebrating in Style: Big Brothers Big Sisters of London and Area
Can a Frivolous Will Challenge Be Stopped?
An Introduction to Employment Law in Ontario
Lerners Celebrates Earth Day with Urban Roots London Spring Prep 2018
Expert Advice Series: “No Property in a Witness”. How our Courts are applying this Principle to Expert Witnesses
Family Law Arbitration
I signed a release. Can I still bring a human rights application against my employer?
Expert Advice Series: The Futility of Critique Reports by Expert Witnesses
Security for costs in employment cases
Expert Advice Series: Expert Bias. How Trial Courts are applying the White Burgess Analysis
Becoming an Effective Advocate: Reflections from RSJ Thomas
Restrictive Covenants: When will Non-Competes and Non-Solicits in Employment Agreements be Enforceable?
6th Annual Handbags for Hospice – A Record-Breaking Evening
Lerners Observes the Summer Solstice with Urban Roots London’s Partnership Appreciation Launch
Lerners celebrates Pride London Festival
Will your workplace be up in smoke?
Climb for Literacy
How to Avoid a Constructive Dismissal
Does an employee have a duty to disclose medical cannabis use to an employer?
When does a Medical Leave Turn into the End of Employment?
Proposed Changes to the Divorce Act: Do they go far enough?
Bill 148: Doctor's Notes and Sick Days
What Medical Information Can Employers Request?
Can I use recreational cannabis in the workplace?
Knowing When to Hold'em: Calculating Basic Holdback Amounts for Construction Lien Claims
Court of Appeal Judgment Strengthens Polluter Pay Principal in Environmental Litigation
Discrimination in Hiring Practices Based on Citizenship
Can my employer test me for cannabis usage?
Does my Employer have a duty to accommodate medical cannabis?
Can I access medical cannabis through WSIB?
Don't Bet the Farm: Keeping up with Ontario's Corporate Land Ownership Register
Mediating Disputes - A Family Law Perspective
Ashes to Ashes - What can we do with those Ashes?
From One Generation to the Next
Women’s Symposium 2018 – The Passion Advantage: Vocation & the False Idol of “Balance”
Shoebox for Shelters
2nd Annual Leasing Seminar
When can children decide which parent to live with?
On Being a Male Ally: Why I Attended the Lerners LLP Women’s Symposium
Moore v. Sweet: Life Insurance Designations and Unjust Enrichment
How to Value Your Farm
How to Develop a Farm Succession Plan
Selling a Farm in Ontario
What a Farmer Needs to Know About Legally Hiring Migrant Farm Workers
3 Ways to Structure a Farm Business
What Happens When a Farmer Dies
'Tis the Season: What Employers Need To Know When Hosting A Holiday Party
Financing Your Farm Purchase and Operations
What is a Farm Land Lease Agreement?
How to Buy a Farm in Ontario
The Importance of a Farm Health and Safety Plan
How to Transfer a Farm to a Family Member
What is "escrow" and how does it work?
Legal Considerations in Implementing a Share Option Plan
Have I Been SLAPP’d?: Litigation Regarding Matters of Public Interest
A Roadblock to Arbitration: ONCA Invalidates Arbitration Clause in Heller v Uber Technologies Inc.
If the purchaser of a business has an employee sign a new employment contract, is it enforceable?
Overlapping coverage: Insurers are more likely to equally share the burden
ONCA Rejects Charitable Donation Condition of Class Counsel Fee Approval
Was It a Resignation or Dismissal?
Considerations in the Sale of Surplus Lands
Farm Gifts
What Happens to the Deceased’s Body?
Women of the World Unite: International Women’s Day: Past, Present, Future
Living As I Am: Reflections on International Women’s Day
Indigenous Treaties and Laws Workshop
Diversity and Inclusion Potluck
Shareholders' Agreements
Landlord Claims for Unexpired Term of Lease in Bankruptcy – Maybe Not? Re: Curriculum Services Canada.
Do We Still Need a Women's Event?
How To Sever A Lot
Raising Capital in Private Companies
Whatever Happened to Bill 148?
Lerners Personal Injury Lawyers Host Seminar on Equity, Diversity and Inclusion in Owen Sound
Does a Crown Patent insulate from compliance with municipal by-laws or conservation authority regulations?
Negotiating Provisions in a Commercial Lease: Tips for Tenants
Parsing the Partition Act
The Supreme Court goes to Winnipeg, Manitoba
Contempt: What Is Contempt of Court in Family Law
Step-Parents and Family Law: Custody, Access and Support
Have you been terminated from your job? Think carefully before filing a Ministry of Labour complaint
I Own a Residential Income Property: Do I need a Rental Licence?
Handbags for Hospice 2019
Paying Your Pets a Farewell: A Primer on Pet Beneficiaries of Wills and Trusts in Ontario
Medical Assistance in Dying
10 Reasons Why You Should See a Family Law Lawyer
Understanding Capacity
Prompt Payment in the Construction Industry - Are You Ready?
Commercial Leasing In Brief: Landlords should think to the future to regulate cannabis-related uses
Vesting Orders
Pride London Ontario - What It Means To Me
Building Resilience: Lerners’ Women’s Symposium 2019
Does Employer Loss of Trust Justify Dismissal
Employment Insurance Decisions Can Bar a Just Cause Defence
Can The Estate Trustee Withhold Payment of my Inheritance?
Cultural Appropriation vs. Cultural Appreciation
Joint Bank Accounts In Estates
What Liabilities Can Flow From Storing Liquid Waste
Homeowners’ Contributory Negligence for Fuel Oil Tank Leak Affirmed by Court of Appeal
I'm Renting A Car, Do I Need Insurance?
First-Ever Class Action Clinic Launched in Windsor
The Cautions of Cautions: Logistics, Procedures, and Special Topics
Third Party Intervention In A Class Action
Lerners Women’s Symposium in Support of the London Shoebox Project
As co-Estate Trustee, can I be held responsible for the other Estate Trustee’s actions?
Adler v Gregor: A Cautionary Tale in Powers of Attorney Litigation
ClubLink v. The Town of Oakville: The Recent Appeal Decisions, Explained
Court of Appeal Confirms Correct Causation Test in Environmental Contamination Case
Towards a Broader Definition of Mental Health
Networking on the Beach – Tips from a Fall Convention Veteran
The Family Farm and Divorce
Amicus curiae appointments in class actions
With temporary support order appeals stopped, meritorious appeals must wait
Signage Rights in Commercial Leases
What is Required to Prove a Loss of Rental Income Claim in an Environmental Contamination Case?
Ontario Government introduces new legislation aimed at protecting farm property rights and animal health
The Pressure on Our Judicial System Creates Problems for Civil Trials
Unmarried Spouses and the Joint Family Venture: An Update on the State of the Law
How to Avoid and Successfully Manage Business Disputes
Breach of an APS
Exclusion Clauses and the Duty of Good Faith in Employment Contracts
Goliath is not entitled to costs: Defendant denied costs despite success at trial
An Administrative Law Anthology: Digesting Vavilov
“Help me, Archie”
Supreme Court of Canada Silent on Environmental Regulation Cases
How long do you have to register a Construction Lien under the New Construction Act?
The Road to Ottawa: How do Cases get to the Supreme Court of Canada?
What is a Municipal Drain?
SCC Addresses Third Party Litigation Funding
Sale Transaction in a private company
Canadian Corporations May be Held Liable for Breaches of Public International Law
Appeals in Family Law to be Approached with Caution – An Examination of Mullings v. Robertson, 2019 ONCA 979
Family Law Settlements: When a deal is not a deal because the trial judge rejects it.
“Best Foot Forward” Principle Strongly Reaffirmed in Recent Summary Judgment Decision
ONCA Rejects Motion Judge’s Imposed Condition on Damages Award in Administrative Segregation Class Action
The Fudge Factor: Dispatches from the New Home Office
When A Guardian of Property Goes Rogue
A Decision on the Doctrine of forum non conveniens is Explored in Vahle et al. v. Global Work & Travel Co. Inc., 2019 ONSC 3624
Benefits of Arbitration During the COVID-19 Pandemic
ONCA Provides Guidance on Charter Damages Awards in Administrative Segregation Class Action
Dangerous Driving and Standards of Review: The Supreme Court of Canada clarifies Appellate Review on “Questions of Law Alone”
Cyber Security in the time of COVID-19
Litigating in the Time of COVID-19
Ontario Suspends Limitation Periods and Procedural Deadlines
Unavoidable Delay and New Home Construction – Permitted Extensions Arising from the COVID-19 Pandemic
Constitutional Rights in the Time of COVID-19
Force Majeure
The Florist, Small Pox and Good Faith – The Appellate Decision in Jack v. Cranston, 1928 CanLII 35 (ONCA)
Rent considerations in commercial leases as a result of COVID-19
Estate Administration and Tax Filings During COVID-19
Reviewing your Estate Plan
Can an employer claim frustration because of COVID-19?
Cash Flow and the Coronavirus
Medically Assisted Dying and Estate Planning in the time of COVID-19
Supreme Court of Canada Denies Leave in Langenfeld v Toronto Police Services Board, et al
Court Considers Scope and Constitutionality of Provisions of the Crown Liability and Proceedings Act in Class Action
Shareholder Disputes – Which Path to Resolution?
New guidance on an “extricable question of law” under Sattva
Say what you want: A closer look at Toronto (City) v. Ontario (Attorney General) and the limits of power
Highly Anticipated High Court of Australia Decision Released in Pell v The Queen
Welcoming the Age of E-Advocacy: Advice on Winning your First Virtual Appeal
Will Signing During COVID
The Thorny Issue of Limitation of Liability Clauses
Collecting a Judgment Against Land Isn’t Always Easy
Litigation in the Age of COVID-19: A Personal Injury Lawyer’s Perspective
Guiding Light: ONCA Pronounces on Duties to Self-Represented Litigants at Trial A Three Part Series on Girao v Cunningham, 2020 ONCA 260
An Update on Execution of Wills during COVID-19
How Can I Get Treatment For My Injuries During This COVID-19 Crisis
The Illegality Defence in Civil Proceedings: Corporate Attribution, Ex Turpi Causa, and In Pari Delicto
Part 2: Principles Concerning Experts and the Evidence Act A Three Part Series on Girao v Cunningham, 2020 ONCA 260
Just Be Reasonable: Failing to Consider a Party’s Argument Post-Vavilov
ONCA decision in Re: Curriculum Services Canada should be of great interest to commercial landlords seeking recovery from bankrupt tenants
What Family Lawyers Can Still Do (And What We Can Do That We Couldn’t Do Before)
Part 3: Trial Procedure and Preparation of a Joint Trial Brief A Three Part Series on Girao v Cunningham, 2020 ONCA 260
Concerned about an Estate Trustee’s actions?
Muddy Waters: Applicable Limitation Period Where There is Ongoing Oppressive Conduct (Maurice v Alles and Zhao v Li)
Federal Court of Appeal Expands Lender Liability For Debtor HST Obligations
Navigating Family Law in the Greater Toronto Area Courts in the COVID-19 Era
The Importance of Being an Occupier: A Comparison of the Ontario Court of Appeal’s Decisions in Langenfeld v. Toronto Police Services Board and Stewart v. Toronto (Police Services Board)
Keep it Brief: Ontario’s Court of Appeal asks the Bench for brevity in its reasons
Duelling Duties: Markham (City) v. AIG Insurance Company of Canada
Update on Suspension of Limitation Periods and Procedural Deadlines
Pembridge Insurance Company of Canada v. Chu, 2019 ONCA 904 (Simmons, Pardu and Nordheimer JJ.A.), November 15, 2019
Good News for Employers … For Now: The Impact of Ontario’s New Employment Standards Act Regulation
The Future of Privacy, Data Security and Cyber Litigation – Cyber Subrogation
Vavilov: Does it apply to commercial arbitrations?
Clarification on Underinsurance Limits Comes as a Relief to Insurers
Personal Injury Settlements in the age of COVID-19
A new hurdle to enforcing termination clauses in employment contracts? The Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc.
Conduct carrying a “stench”: Bhasin and bad faith contractual performance
SCC Addresses Third Party Litigation Funding Part 2
Cyber Liability: Interpretation of “Data Exclusion” Clauses in an Insurer’s Duty to Defend
Heller v Uber in the SCC: Arbitrations, Employment, Unconscionability and Class Actions
Que Serra, Serra (Whatever the Equalization Payment Will Be, Will Be) in the Time of Covid-19
Cyber Liability Insurance Coverage Dispute Heads to the Supreme Court of Canada
Reconciling Inconsistencies: A Summary of Fuller v. Aphria Inc., 2020 ONCA 403
Modern approach to intervener status: Teksavvy Solutions Inc. v. Bell Media Inc.
What Satisfies the Public Interest Threshold Requirement in Anti-SLAPP Litigation? The Ontario Court of Appeal’s Recent Decision in Nanda v. McEwan
Managing a pandemic: Does a nation’s constitution make a difference?
Court of Appeal Gives Helpful Guidance on Appellate Courts’ Fact-Finding Powers
The Rule in Foss v. Harbottle is Alive and Well in Ontario
“But you promised!”: When Promises Become Enforceable - A Review of Tomek v Zabukovec, 2020 ONSC 2930
Suspension of a limitation period during a period of incapacity: a primer from the ONCA Section 7(1)(a) of the Limitations Act, 2002
The Remedy Tail Can’t Wag the Liability Dog: SCC Brings Clarity to Gain-Based Remedies in Atlantic Lottery Corp. Inc. v Babstock
Aviva Denies Coverage to Businesses Hit Hard by COVID-19 - Lerners Files Proposed Class Actions Against Aviva
A “Must Read”: The Inaugural issue of the Canadian Journal of Commercial Arbitration
Heller v Uber in the SCC, Part 2: When Alternative Dispute Resolution is No Alternative At All
The Bhasin crystal ball: predicting the future using Altantic Lottery Corp. Inc. v Babstock
How to ensure that arbitration delivers on its promise of speed and cost efficiency
Court orders are not “suggestions” or “guidelines” - even during a pandemic
Court Considers Scope and Constitutionality of Provisions of the Crown Liability and Proceedings Act in Class Action Part 2
Grasshopper Solar Corporation v. IESO, 2020 ONCA 499
A Further Update on the Suspension of Limitation Periods and Procedural Timelines in Ontario
The Importance of Causation, Reasonableness and Proportionality in Negligence Cases
Fatiguing Facta: A Cautionary Tale
Can a parent interfere with a minor child’s decision to undergo gender transition treatment?
Policy vs Operational: the debate continues
Commercial Leasing Blog: Key Issues to Consider in Accommodating Tenant Requests for Abatements and Deferrals
Ontario Government Quietly Intervenes (Again) to Prevent Constructive Dismissal of Workers
Judicial Review: Within A Month Or Beg Forgiveness
CAT Assessments Must Be Reasonable to be Payable
What Britney Spears Can Teach Us About Guardianships
Heller v. Uber in the SCC, Part 3: The Unconscionability Doctrine Clarified or Confounded
Family Matters: Do your in-laws have access rights to your child?
Bruno v. Dacosta: Constructing The Appealing Trial Record
Choice of law clauses: a “loophole” to avoid result in Uber v Heller?
Becker v. Toronto: Coulda, Woulda, Shoulda
Ex Turpi Causa and Insurance Fraud: The Ontario Court of Appeal’s Decision in Aviva Canada Inc. v. 1843538 Ontario Inc.
Family Matters: Modifying the Status Quo for the Child’s Best Interests
Family Matters: Relocation! Relocation! Relocation!
Once More unto the Breach: Recognizing the Importance of Privacy Protection
A Tale of Two Notes: Middleton Estate v Middleton, 2020 ONCA 552
COVID-19 AND FAMILY LAW: WHERE ARE WE NOW?
Check Yourself Before You PREC Yourself: Realtors’ and Brokers’ Considerations for Incorporation
Game Changer: The Supreme Court of Canada weighs in on retroactive child support in Michel v Graydon
Infectious Disease Emergency Leave: A Double-Edged Sword for Employers
Family Matters: Not So Easy… On Setting Aside Marriage Contracts
Practising Family Law during a Pandemic: Pushing Matters Forward
When are employees entitled to bonuses after they’ve been terminated? A Review of the Supreme Court’s Recent Decision in Matthews v. Ocean Nutrition Canada Ltd.
Aphorisms in Arbitration Law (and an aside on Vavilov)
Family Matters: You Can’t Make Me
Fettes v Clark: Leave the Snowflake Undisturbed
Walters v Nusseiri: It May Not Be Yours to Keep
Make a Will this month (and make your wishes clear)
Family Matters: Ch-Ch-Changes: When Time is a Material Change in Circumstance
Departures From Mootness – Blake v. Blake
With Mortgagees Lying in the Weeds, Other Priorities will Succeed: Dal Bianco v Deem Management Services et al, 2020 ONSC 1500
Family Matters: When Parents Litigate to Vaccinate
Family Matters: When Self-Help is No Help
Vavilov Meets Municipal Planning: Champag inc. v Municipality of Saint-Roch-de-Richileu
Family Matters: Unbaking the Cake: When Blended Families Separate
Ontario Superior Court Refuses to Strike Out Climate Change Charter Application
The Bernard and Honey Sherman Estate case: personal privacy interests versus the open court principle
Family Law Facelift: Bills C-78 and 207 Part 1 – It’s Been a Long Time Coming. Will it be Worth the Wait?
Family Law Facelift: Bills C-78 and 207 Part II - It’s More than just Words. Goodbye (and good riddance) “Custody” and “Access”
Family Matters: So let it be Written, So let it be Done
Family Law Facelift: Bills C-78 and 207 Part III – Locked and (Un)loaded? Unpacking the Loaded Term of “Best Interests of the Child”
Got an issue? There’s an intervener for that.
Family Matters: To Review or Not to Review
A Self-Represented Litigant’s Entitlement to Costs: Girao v. Cunningham, 2021 ONCA 18
No Clucks Given: Ontario Court of Appeal Expands Scope of Anti-SLAPP Provisions in Subway v CBC
Litigation by the PGT to protect vulnerable individuals: more important than ever in this age of COVID-19
One Strike, You’re Out: The Impact of Illegality in Employment Termination Provisions
Family Law Facelift: Bills C-78 and 207 Part IV – Near, Far, Wherever You Are: the New Laws on Relocation and Change of Residence
Interim Preservation under Rule 45.01 – One Size Does Not Fit All
To Have a Jury or to Not Have A Jury? That is the Question
Family Matters: Lerners’ Weekly Family Caselaw Review: [Un]tested and [Un]true?
Don’t You Lie On Me: Defamation in the Digital Age
The Majority Have It: Baylin Technologies Inc. v. Gelerman
Family Law Facelift: Bills C-78 and 207 Part V – Irreconcilable Enemies or Unlikely Friends: The Interaction between Mandatory Family Dispute Resolution and Family Violence
Court of Appeal Clarifies Discoverability in Environmental Contamination Cases
Loyalty to the Bargain, Not to Each Other: Wastech v Vancouver Sewerage and the Bhasin Duty of Good Faith Contractual Performance
Origin Stories: Our Incomplete History
Parental Consent not required: Minors’ Right to Legal Advice
Standard of Review of Appeals of Arbitral Awards: Wastech Services v Greater Vancouver Sewerage and Drainage
Fake Out: Rising Concerns of Fake Electronic Evidence Making its Way to Courtrooms
No Harm, No Foul, No Privacy Class Action
Authenticity: Taking off the Armour
Appeal Quashed: Support Obligations not Optional
What Can We Learn from Larry King? Part 1: Is a handwritten will legal?
Part II: No Evidence, No Class Action, No Dice
I am My Father’s Daughter: the Importance of Allies in the Struggle for Gender Equality
When it Comes to Duty to Defend Motions, Extraneous is Rarely Extraordinary
I Am Woman Hear Me Roar!
Women in the Legal Profession: A Natural Fit
Of Note: A Primer on Taking Judicial Notice
Let’s Be Reasonable: Court of Appeal for Ontario Divided on How to do Reasonableness Post-Vavilov
Climate Change, Carbon Pricing, and the Constitution: The Supreme Court of Canada upholds Canada’s Greenhouse Gas Pollution Pricing Act
Call of Duty: The ONCA Considers an Insurer’s Duty to Defend in the Context of a Data Exclusion Clause
ONCA Provides Further Guidance on Charter Damages Awards in Francis v. Ontario
DEEP IMPACT? CONSIDERING THE PANDEMIC’S EFFECT ON WRONGFUL DISMISSAL CLAIMS
The “armchair rule” of will interpretation and the “slayer rule” of public policy: Bank of Nova Scotia Trust Company v Rogers, 2021 ONSC 1747
A Review on Reviews: This is not a variation
Ensuring a Just Result: Indirect Participation by Parties Noted in Default
Credibility Issues Require Extra Attention on Summary Judgment – Royal Bank of Canada v 1643937 Ontario, 2021 ONCA 98
Unapologetically Asian: Asian Heritage – Celebration or Suppression?
The Intersection of Class Proceedings and Mass Tort Litigation: Arsalani v Islamic Republic of Iran
Farewell to Forum Non Conveniens?
Ticket to Ride: The Enforceability of a Liability Waiver without a Signature
Not Yours to Interpret: Temple Insurance Company et al. v Novex Insurance Company of Canada
Unapologetically Asian: The “Model Minority” Myth
Ontario (Labour) v Sudbury (City): Who is the Employer Under the Occupational Health and Safety Act?
Southside Muay Thai Academy Corp. v. Aviva Insurance Company of Canada
Laridae v. Co-operators
Family Matters: Balancing Government COVID Directives and the Best Interests of the Children
Family Matters: You Included – Expanding the Definition of a Parent
Guidance forthcoming from the Court of Appeal for Ontario on important environmental and regulatory prosecution issues: Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2021 ONCA 332
Unapologetically Asian: An Ode to Our Ancestors
“Riding both horses”: can parties to an arbitration seek court review of a jurisdiction award under both Articles 16 and 34 of the UNCITRAL Model Law?
Family Matters: A Cautionary Tale for Those that Refuse to Disclose
Standard of Review of Arbitral Awards: The Lululemon Case Adds to the Uncertainty
SLAPPing Back: Schwartz et al. v Collette and the Limits of Anti-SLAPP Motions
Family Matters: Parenting disputes between separated parents – Is it really about the best interests of the child?
What Can Be Resolved By Arbitration Should Stay In Arbitration
How Do I Choose a Family Law Lawyer?
A Woman’s Place is Always on the Supreme Court: Musings on Women in Law, Authenticity and the Exceptional Justice Abella
A New Day: Nomination of Justice Jamal to the Supreme Court
What to do When Payment Diversion Fraud Happens to You
A Step In the Right Direction: Judicial Notice of Racism Impacting Black Businesses upheld by the Court of Appeal for Ontario in 8573123 Canada Inc. (Elias Restaurant) v. Keele Sheppard Plaza Inc., 2021 ONCA 371.
Parental Alienation: An Overview
Recent Trends in Environmental Class Actions: Sharma v Minister for the Environment
Summary of Recent Changes to the Class Actions Practice Directions, Best Practices Guide, and Model Orders
“WARNING!” – Lessons for Occupiers Relying on Liability Waivers
Supreme Court Provides Clarity and Framework for Retroactive Child Support Cases
Municipality Not An Insurer of Developer: Role to Protect Public Interest, not the Pure Economic Interest of Developer
Shared Decision Making Not Always Easy When Children are Involved
Can an Insolvent Entity Switch Between Insolvency Proceedings?
Family Matters: One and One isn’t always Two – Calculating Income in Family Law Disputes
Azar v Strada Crush Limited: The Importance of a Suitable Indemnity Agreement for Adverse Costs for the Representative Plaintiff in a Class Action
Out with Blackmore and In with Sattva: The Supreme Court Clarifies the Principles for Interpreting Releases in Corner Brook (City) v Bailey
Taylor v Hanley Hospitality Inc. and the Common Law Right to Sue
Meekis v Ontario: The Court of Appeal Offers Guidance on Striking Misfeasance in Public Office and Charter Claims
“You can dodge a ball, but you can’t dodge an effective waiver” – Our recent summary judgment win in Arksey v. Sky Zone Toronto
Triggering Limitation Periods and the Plausible Inference of Liability Test: Grant Thornton LLP v New Brunswick
Family Matters: Do Donors or Surrogates get paid?
A Win for Foreign Investment in Ontario
Family Matters: Being Untrustworthy Will Cost You
When will it shock the conscience of the court? Moore v 7595611 Canada Corp. and the Family Law Act
Virey v. Virey: Despite Any Agreement to the Contrary? An Estate’s Obligations for Ongoing Support
New Drainage Regulation Brings Relief to Farmers, Landowners and Municipalities
Do Ask, Do Tell: Judge Rules Individuals must be Vaccinated to Sit on Jury
Fighting over Cats and Dogs – What Happens to the Family Pets When the Relationship Sours
Collecting vaccine information from clients and customers
Ontario’s Vaccine Passports – Addressing Access to Justice and Privacy Concerns
Progressive Changes to Ontario Estate Laws
The principles that motivate class actions work both ways – the novel “reverse” class proceeding in Salna v Voltage Pictures, LLC
I Lost My Job: How Does That Affect My Support Payments?
Could you see it coming? Occupier’s Liability Act and Foreseeability Considered and Dismissed at the SCC
You Gotta Have Faith: ONCA Clarifies That Honest and Reasonable Mistakes Do Not Amount to Bad Faith in 2161907 Alberta Ltd. v 11180673 Canada Inc.
National Day for Truth and Reconciliation Statement
Together Forever Isn't Always True
What Evidence is Sufficient to Find an Insured’s Material Misrepresentation? Estate of Kareem Watson et al v RBC
Injunctions make good neighbours: Ottawa-Carleton Standard Condominium Corporation No. 671 v Friend
I know that I slipped on something, I just don’t know what: Plaintiff’s Evidence of Presence of a Hazard Sufficient to Defeat Defendants’ Summary Judgment Motion
All work and no pay? A recent Quebec decision awards wife nearly $2 million after deeming her the business partner of her husband.
A SLAPPsgiving Miracle: Ontario Superior Court Clarifies When an Anti-SLAPP Motion is “Made”
That’s Final: ONCA confirms that Opting-Out of a Class Action is a Substantive Right and should be treated as a Final Order
What Do You Mean We're Not Really Married?
Timing is everything: Gordon Dunk Farms Limited v HFH Inc., 2021 ONCA 681
Covid-19 Vaccines for Children: Parental Disagreements
We are Colombians.
Squid Game: A Contractual Analysis
Policy vs Operational Round 2: Not Snow Fast
150 Years of Precedent Released: The Supreme Court of Canada replaces the Blackmore Rule when interpreting releases
What is Probate?
An Unambiguous Exclusion Clause with an Ambiguous Exception: The Latest from the Court of Appeal on the Duty to Defend
The Show Must Go On…
Suspension of Parenting Time
Tomek v Zabukovec Revisited (2021 ONCA 723)
Statement from the Chief Justice of Ontario and the Associate Chief Justice of Ontario Regarding Submissions from Counsel
Experience is the teacher of all things
Appellate Advocacy: The Next Generation
Lerners Awards Isatu Barrie With Our Learn With Lerners Bursary & Mentorship Program
You Win Some, You Lose Some: Ontario Superior Court Permits Partial Dismissal in Anti-SLAPP Motion in Laurie Thatcher-Craig v The Corporation of the Township of Clearview
When a Spade Is Not a Spade: Pollution Exclusion Clauses in Commercial General Liability Insurance Policies
Any Last Words? Time for a Right of Written Reply in Appellate Advocacy
"Honey, I Vaccinated the Kids!"
Lying isn’t always lying: The Ontario Court of Appeal takes a purposeful interpretation of s. 178(1)(e) of the Bankruptcy and Insolvency Act
Changes to the Toronto Superior Court Notice to the Profession for Class Action Matters
Allyship – Seven Ways to Start the Transformation
Hallmarks are no Guarantee: The Ontario Court of Appeal Examines Continuing Guarantees
More Than a Cautionary Tale: Court Suspends Unvaccinated Father's Parenting Time
Avoiding an “Absurd Result”: Court of Appeal Considers When Guarantors’ Obligations Will Be Altered
Closing the Door on Anti-SLAPP Motions in Small Claims Court
Appellant’s Complaint About Procedural Fairness Dismissed: A Reminder You Need to Show Up Before the Appeal
Black Businesses Rock! Celebrating Black-Owned Businesses That Are Creating Change
Labelling a Parent an “Anti-vaxxer” Won’t Win the Case
Unfinished Work - #BreakTheBias
Changing My Mindset - #BreaktheBias
Breaking the Bias for ALL Women - #BreaktheBias
Spreading Wings and Breaking the Bias
But What if I Brought My Whole Self?
Separation Anxiety: ONCA Considers Partition and Sale Order in Inniss v Blackett
Part I: Interpreting the New Provisions to the CPA – S. 13.1 and Carriage Motions in Class Proceedings
Justice Served: Abuser Made to Pay
Promises, Promises: ONCA Finds That Debtor Assurances May Impact Discoverability of Claims in Thermal Exchange Service Inc. v Metropolitan Toronto Condominium Corporation No. 1289
Is there a Right to “Disconnect from Work” in Ontario?
(Un)reasonable Excuse: Ontario Court of Appeal Confirms Dismissal of Claim Against City for Plaintiff’s Failure to Meet Notice Requirements
Part II: Interpreting the New Provisions to the CPA - Mandatory Dismissal for Delay under s. 29.1
Interpreting S. 17 of the CLPA: Poorkid Investments Inc. v. HMTQ, 2022 ONSC 883
Mental Capacity: When does it impact hiring and instructing a lawyer?
New year, New Season, Same Bursary!
What Does Family Violence Look Like?
Reasonably Unreasonable: A Commercial Landlord’s Ability to Refuse a Lease Assignment
A Brief Lesson on Appellate Arts and Crafts
A Friendly Reminder: $ilence is Still Golden: Render v. ThyssenKrupp Elevator (Canada Limited), 2022 ONCA 310
Changing Child Support – What was Contemplated?
Focused Hearings: A Viable Alternative to the Traditional Trial
Separation Agreement Terms: Can the Court Disregard Them as it Relates to Children
Third-Party Hacking a Non-Starter for Privacy Tort Claims: Del Giudice v Thompson
My Model Citizen(s): A Group of Nine
10 Things You Should Know About Marriage Contracts
Part III: Interpreting the New Provisions to the CPA – The Second Case to Consider Mandatory Dismissal for Delay under S. 29.1
Model Citizen: Inspirational Asian-Canadian Lawyers You Should Know
Not all Privacy Breaches warrant Certification of a Class Action
Intra-Family Loans, A Cautionary Tale
Vaccine Mandate Did Not Violate Privacy
The BFF is Your BFF for Contractual Interpretation
Narrative Lives and Affective Advocacy
Secret Recordings in the Courtroom
Conversations About Arbitration: The Essentials
Privacy Through the Ages – A Review of Ontario’s Privacy Laws (Part 1)
Glassdoor: Closing the Blinds on a Public Interest in Working Conditions?
Conversations About Arbitration - Episode 1 - The Benefits of Arbitration
Vavilov’s “Polar Star”: Legislative Intent and Analysing Impacts in Midwives
Conversations About Arbitration - Episode 2 - Appointing the Arbitrator
Common Terminology Used in Fertility Law
Supreme Court of Canada Affirms that the Palmer Test Still Applies to Parenting Appeals
Privacy Through the Ages – A Review of Ontario’s Privacy Laws (Part 2)
Conversations About Arbitration - Episode 3 - First Procedural Meeting
On Again, Off Again: Effects of Reconciliation on Separation Agreements
Recent Employment Law Changes in Ontario: The Working for Workers Act, 2021
An Important Update for Directors & Officers of Ontario Corporations on Annual Filings
Why You Should Always Follow Court Orders
Conversations About Arbitration - Episode 4 - Challenging the Arbitrator
Part IV - Interpreting the New Provisions to the CPA – The Second Case to Consider Carriage Motions Under S. 13.1
Testing the Limits of Friendship: R v Cowan, 2022 ONCA 432, Explores When Friendships Between Judges and Counsel Cross the Line
Privacy Through the Ages – A Review of Ontario’s Privacy Laws (Part 3)
Conversations About Arbitration - Episode 5 - Challenging the Award
Continental Casualty Company v Chubb Insurance Company of Canada, 2022 ONCA 188
Opening and Closing the Door on Reverse Summary Judgment Motions Pre-Certification in a Class Proceeding
Breaking Down Barriers: The Test of Public Interest Standing Clarified
Making Sense of Municipal Regulation of Naturalized Lawns
The Courts, the Constitution, and Naturalized Lawns
When to Split the Difference: Other Insurance Clauses and the Doctrine of Equitable Contribution - Northbridge v Aviva, 2022 ONCA 519
Privacy Through the Ages – A Review of Ontario’s Privacy Laws (Part 4)
Broader Is Not Always Better: "Follow Form" Excess Insurance Policies and Optional Coverage Extensions – Cronos Group Inc. v Assicurazioni Generali S.p.A., 2022 ONCA 525
Too Little, Too Late: Court of Appeal Refuses to Consider New Defence in Environmental Contamination Case of Sorbam Investments
Practising Law in the 80s
You Can’t Have Your Donut and Eat It Too
‘Damage’ Defined – Court of Appeal for Ontario Interprets ‘Damage’ in the Endangered Species Act: Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2022 ONCA 315
To Stay or Not to Stay: SCC Considers Issue of Delay in Administrative Proceedings – Law Society of Saskatchewan v. Abrametz, 2022 SCC 29
Privacy Through the Ages – Where Do We Go From Here? (Part 5)
Ontario Court Emphasizes the Importance of Location and the Measuring Tool Used in Slip and Falls on Municipal Sidewalks: Cromarty v Waterloo (City), 2022 ONSC 1322
Federal Court of Canada Certifies Privacy Breach Class Action
Arbitration Boot Camp!
The Importance of Mentorship in Young Appellate Advocacy
Arbitration Boot Camp - Session 1: Evidence in Arbitration: It’s All About Fairness and Equality
Unpacking the Meaning of “Workplace Harassment”
House of the Dragon: An Estate Litigator’s View
How Much ‘Plead’ Do You Need? COA Addresses Pleadings in Defamation Claims
Stronger French Rights in Quebec Impact Businesses
Use It or Get Taxed on It!
You Zone It, You Buy It: Lessons on “Disguised Expropriation” from Ville de Mascouche v Dupras
From Friends to Enemies: A Common Oppression Remedy Theme
Reflections of Trauma-Informed Justice Training With Myrna McCallum
Peace River v Petrowest: SCC Avoids Conflict Between Arbitration and Bankruptcy Law, and Clarifies Separability?
Arbitration Boot Camp - Session 2: Ethical Issues Part 1: Best Practices for Arbitrator Interviews
What to Expect When You’re Expecting (To Get Divorced)
Do You Have to Accept a Lesser Position After Being Terminated?
Hope on the Horizon? Abrametz and the Potential Impact on Disclosure of Partial Settlement Agreements
Control-Alt-Disclosure: Disclosure Challenges of Crypto Assets
Lessons Learned (And Taught)
Arbitration Boot Camp – Join us for Session 3 on December 7th!
Tackling the Thorny Issue of Constructive Expropriation Claims: Annapolis Group Inc. v Halifax Regional Municipality
Have an Agreement? Get it in Writing.
Arbitration Boot Camp - Session 3: Ethical Issues Part 2: Bias and Challenging the Arbitrator - Practical Strategies
Court of Appeal for Ontario Offers Guidance on Illegal By-Laws, Land Use Planning and Development Charges
Now for Then or Never – An Action Commenced While the Plaintiff Was a Bankrupt Cannot Be Revived After the 2 Year Limitation Period Expires
Arbitration Boot Camp – Join us for Session 4 on January 12th!
Criminal Conviction Advantageous For Subsequent Civil Lawsuit: Latest on Summary Judgment in Sexual Assault Cases
Arbitration Boot Camp - Session 4: The First Procedural Meeting - Tips to Prepare
Can a Lawyer Challenge The Terms of Their Own Retainer Agreement?
The Ins and Outs of Judicial Dispute Resolution
Arbitration Boot Camp – Join us for Session 5 on February 9th!
You Can Have Your (Pan)Cake and Eat It Too… While Thinking About Data Privacy
Employee Entitlements in a Mass Termination
An Expanded Understanding of Expropriation: Recent Guidance on Constructive Taking and Disguised Expropriation
Compliance with the Child Support Guidelines – Is it Optional?
Fact or Fiction? Dispelling Four Common Arbitration Myths
Arbitration Boot Camp - Session 5: Evidence in Arbitration: It’s All About Fairness and Equality
Possession Without Intent to Distribute: A Case of Intrusion Upon Seclusion
When Should Employers Engage an External Investigator?
Is a Prenuptial Agreement Right for You?
To Get Fairness You Must Act Fairly: Clean Hands Required to Seek Equitable Remedy in Estates Litigation
What a Recent Court of Appeal Decision Says About Data Breach Class Actions
Arbitration Boot Camp – Join us for Session 6 on March 9th!
Challenging the Validity of Wills While a Testator Is Still Alive
Put a Ring on It (And Take It Back?)
Supporting Women Owned Businesses
Workplace Investigations 101: What Can Employers Expect When They Engage an External Workplace Investigator?
Embracing Equity for All, by All
Embracing Equity On and Beyond International Women’s Day
Swinging for the Park Lawn – Court of Appeal for Ontario Reins in Anti-SLAPP Motions
More Than a Babysitter
Changing Heartbreak Into a Clean Break
What Emily in Paris Can Teach Us About Restrictive Covenants in Employment
The Constitutional Validity of Third-Party Spending Limits
Session 6: Arbitration Agreements: The Good, The Bad, and The Ugly
Surviving Your First Appeal
The Impact of Substance Abuse on Parenting Disputes
Procedural Fairness in Universities
Beyond the Water Cooler: The Changed Substratum Doctrine
Arbitration Boot Camp – Join us for Session 7 on April 13th!
Expanding Our Understanding of “Public Participation” in the Anti-SLAPP Analysis
The “Regulatory Nuisance” Sinkhole
The Bencher Election: Earl Cherniak on What’s at Stake
Workplace Investigations 101: The Workplace Investigation is Complete — Now What?
Calculating Compensation for Constructive Expropriation – Supreme Court of Canada to Clarify in Lynch v St. John’s (City)
File it or get Taxed on It: New Transitional Relief for Affected Owners under the Underused Housing Tax Act
Why You Shouldn’t Be Scared of Prenuptial Agreements
Rule 21 has its Limitations for Determining Limitation Period Issues
Arbitration Boot Camp – Join us for Session 8 on May 11th!
Arbitration Boot Camp - Session 7: Arbitration Agreements - The Good, The Bad and The Ugly Part
Nuff Said: Rejecting the Call for a Right of Written Reply in Appellate Advocacy
Who Gets To Keep the Pets in a Divorce?
Arbitration Agreement?…What Arbitration Agreement?: ONCA Addresses Stays of Proceedings Where the Existence of an Arbitration Agreement Is Contested
Supreme Court Affirms That “Counter-Speech” Intended to Protect Marginalized Groups is Deserving of Protection Under Anti-SLAPP Laws: Neufeld v Hansman, 2023 SCC 14
Join us for Arbitration Boot Camp Session 9 : Advocacy in Arbitration
Arbitration Boot Camp - Session 8: Arbitration Agreements - The "Magic 8 Ball" Session
Workplace Sexual Harassment is not an Independent Tort in Ontario
Ontario’s Auditor General Act Does Not Require the Disclosure of Privileged Information to the Auditor General
Prohibition on the Purchase of Residential Real Estate by Non-Canadians Act
Invisible Hand No More – Updates to Ontario and Canadian Corporate Laws Pose Onerous Disclosure Obligations Aimed at Exposing Shareholders with Significant Control
Court of Appeal Clarifies the Doctrine of Discoverability Applies to Limitation Period under Real Property Limitations Act
Should I Stay or Should I Sell? A Narrow Standard to Refuse Sale of the Family Home
Don’t Miss the Mark: ONCA Provides Guidance on How to Mark Non-evidentiary Expert Reports at Trial
Business Ownership Breakup: Be Aware of the Risk That Everything May Be Scrutinized
Thumbs Up to Saskatchewan Decision
The Court of Appeal for Ontario Dismisses Defamation Claim over Workplace Investigation Report
Layoffs: When Are They Implied and When Are They Condoned? Court of Appeal Reviews Principles in Pham v. Qualified Metal Fabricators Ltd. 2023 ONCA 255
Choosing Privacy in Family Law Matters: Why the Trudeaus and many others will Avoid the Courtroom
Doth Protest Too Much: Court of Appeal upholds dismissal of anti-SLAPP Motion in 2110120 Ontario Inc. v Buttar, 2023 ONCA 539
Mastering Workplace Investigations: The Foundation for a Successful Investigation
The Government Wants My Land - How Does Expropriation Work?
An Energy or Telecom Company Wants to Use Your Land – Proceed with Caution
The Common Sense Option – ONCA Dismisses Appeal Over Stock-Option Grant
Determining Child Support for Children Over the Age of Majority
Having Breached Their Obligations, Do Estate Trustees Still Get Paid?
You May Not Feel Successful if You Have to Pay the Other Side’s Costs: The Risks of Failing to Accept Early Offers
A “Truly Exceptional” Wrongful Dismissal
Nature of Consent and Timing of a Breach Matters: Owner of Motor Vehicle Granted Coverage as Breach of Statutory Condition did not Occur at Time of Accident – Pridmore v Drenth, 2023 ONCA 606
Federal Corporations Required to Disclose Information of Select Shareholders, Officers and Directors
Understanding Franchise Disclosure Documents in Ontario: Key Considerations for Franchisees
Key Proposed Changes Under Bill 149
Clarifying Coverage for Regulatory Compliance Costs in Insurance Claims for Property Loss caused by Environmental Hazards
Ctrl-Alt-Delete: When Judges Delete Provisions in your Minutes of Settlement
On Founders and Fairness – ONCA Rattles the Efficiency of Oppression Applications
CRIMINAL CONVICTIONS CONTINUE TO PROVE ADVANTAGEOUS FOR SUBSEQUENT CIVIL LAWSUITS: Latest on Summary Judgment in Sexual Assault Cases
Immediate Response Checklist – What to do as soon as you’ve experienced a cyber-attack
De-Identification! Anonymization! Aggregation! Big words, little clarity.
Discoverability, Deference, and Di Filippo
Can a Beneficiary Get Out of a Release?
Time's Up: No Room for Procrastination in Law
Working Together Towards (a better) Tomorrow
Angela James: Breaking Records and Barriers One Slapshot at a Time
Women Who Inspire
An IWD Reflection
Preparing for Articling in Law School
Getting Involved as a Law Student
How I Learned to Stop Worrying and Love the Employment Contract
CRA’s New Trust Reporting Requirements and the Impact on Bare Trusts
ONCA Upholds Record Setting Punitive Damages Award for Insurer’s Bad Faith Claim Handling
Clarifying Judicial Review with a Statutory Right of Appeal
Navigating Professional Standards: Participating in the Law Firm Recruit Without a Professional Background
Prioritizing Well-Being During Articles: Tips From a Current Articling Student
Articling Students’ Mental Health
Mastering Termination Clauses: Navigating Ontario’s Employment Legal Maze
A Day in the Life of an Articling Student
Bill 149: A Win-Win For Companies And Employees?
Why You Should Review (And Possibly Revise) Your Employment Contracts
The Value of Being a “Yes” Woman in Articling
Transitioning from Law School to Articling
Managing Your Time as An Articling Student
Practical Tips on Preparing for Licensing Examinations
Privacy and Confidentiality of Workplace Investigations
Bill 194, Part I: FIPPA Amendments
Bill 194, Part II: Enhancing Digital Security and Trust Act, 2024
Lyng v. Ontario Place Corporation: Important Developments for Occupier’s Liability Risk
Frustration by Non-Vaccination: Employee Termination on the Basis of COVID-19 Vaccination Status Upheld
International Forum Shopping to Avoid Support Obligations: Not So Fast in Ontario
Privacy and Access Considerations When Contracting With Third Parties: The IPC Provides New Guidance to Public Sector Entities
Navigating Bill 190: Key Implications of Ontario’s Working for Workers Five Act, 2024
You Are the Company You Keep: Managing Third Party Privacy Risk
An Act Respecting First Nations, Inuit and Métis children, Youth and Families: A Step Forward, But is it Enough?
Planning for Housing in Ontario – The Potential Impact of the Proposed 2024 Provincial Policy Statement on the future of development and housing in Ontario
Order Up! Court of Appeal Clarifies the Final vs. Interlocutory Conundrum
Ontario’s EV Battery Factories and Rural Landowners
Do You Have a Death Folder?
Navigating Interventions in Private Disputes: Lessons from Vento Motorcycles, Inc. v. United Mexican States, 2024 ONCA 480
Law Firm Interviews: Essential Tips from Successful Articling Students
Recent IPC Decisions Confirm Notification Obligations when Personal Information is Encrypted Only
Court of Appeal Upholds Damages Award for Loss of Business Opportunity in Failed Real Estate Transaction
Judicial Restraint is Alive and Well: ONCA Affirms the Limits of Applications to Set Aside Arbitral Awards in Clayton v Canada
ONCA Denies Relief from Forfeiture for Non-compliance with Notice Condition in a Claims-Made Policy
Written Advocacy Handbook – Prologue – On AI and Advocacy
Written Advocacy Handbook – Introduction
Written Advocacy Handbook - Understanding Your Audience
Supporting Employees Undergoing Infertility Treatment: Employer Obligations in Ontario
Ontario Matrimonial Home Laws: What Every Spouse Needs to Know About Asset Protection
Understanding Exemptions from Bankruptcy Discharge: The Supreme Court of Canada Clarifies Requirements for Debts Linked to Fraudulent Misrepresentation
Written Advocacy Handbook – The Notice: You Only Get One Chance to Make a First Impression
Written Advocacy Handbook – Engaging Overviews
Appointments Without Appeal: TSCC No. 2299 v Distillery SE Development Corp. and the Prohibition on Appealing Court Appointments of Arbitrators
Written Advocacy Handbook - Fashioning the Facts
Written Advocacy Handbook – Identifying the Issues
Legal Update: Employer's Duty to Investigate Sexual Harassment Claims
Written Advocacy Handbook – Marshalling The Law
Eat, Pay, Love – Court of Appeal Declines to Find Tai Chi Classes Qualify as “Worship” Under the Assessment Act.
Don’t Know Who to Sue? The Case of Loney v John Doe
Written Advocacy Handbook – Advancing The Argument
Provincial Climate Policy Meets Charter Rights: The Mathur Appeal Explained
Managing Confidentiality in Workplace Investigations: A Practical Guide for HR Professionals
Written Advocacy Handbook – Crafting the Compendium
Navigating Estate Disputes: Lessons from Beirat v Khiyal on Standing and Unjust Enrichment
Written Advocacy Handbook - Requesting Relief
Restrictive Covenants in Dental Practice Sales: A Practical Analysis of Dr. C. Sims Dentistry Professional Corporation v. Cooke
Municipal Bylaws Reviewed on “Reasonableness” Standard, not Correctness
What Not to Do When Conducting a Workplace Investigation
A Picture Paints a Thousand Words: The Use of Visual Aids in Written Advocacy
ONCA Finds Duty to Defend in the Face of an Ambiguous Exclusion Clause
The Boundaries of Privilege in Workplace Investigations: Lessons from Recent Jurisprudence
Is Time on Your Mind? Part One
Tenant Beware: New Lease Clauses Could Disrupt Your Business
Understanding the Sri Lankan Canadian Action Coalition v. Ontario Decision: Implications for Provincial Powers
Is Time on Your Mind? Part Two: Discoverability
Working for Workers Six Act, 2024 (Bill 229)
Data Privacy Day 2025: A Time to Reflect and Project
Wearing many hats as an articling student: How Articling Students Can Thrive in Diverse Legal Environments
Specific Performance in a Property Dispute through Summary Judgment Motion
Creative Divorce Solutions: Why Mediation Matters
'Use it or Lose it’ Vacation Policies: What You Need to Know
Judicial Joust: Court of Appeal Perspectives on Leave to Appeal
Balancing Life and Law: A Mature Student’s Guide to Law School Success
Singh v Khalill: Court of Appeal Stresses the Importance of Diligence and Efficiency in Domestic Contract Disputes
Discoverability Part 2: Your Time to Sue May Expire Before You Knew of Your Claim
Doing the Difficult thing: Parenthood and the Importance of Support Systems
Procedural Fairness: Not a One Size Fits All, Except Sometimes It Is...
Importance of Exhausting Remedies and Policies in Academic Appeals
Youth vs. Government: The Charter Battle Over Climate Change Moves to Canada’s Highest Court
Being a Muslim Arab Woman in the Legal Profession: Closed Doors and Closed Minds
How Long Do You Have to Preserve a Construction Lien?
Examinations 2025
Hard to Build, Easy to Lose: Developing and Maintaining a Good Reputation
I haven’t taken vacation in three years because of staff shortages. Am I entitled to pay?
Preparing for Worst-Case Scenarios in Ontario Municipal Elections
The Right to Stay Silent in Civil Contempt
The Court of Appeal for Ontario Upholds Decision in Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town)
The Importance of Support While Articling
Shifting Perspectives: Reframing Imposter Syndrome in the Legal Profession
Tips for Being Helpful as a Note-Taker or Observer
Remedies for Reprisal: Reinstatement and the Duty to Mitigate Under the Employment Standards Act, 2000.
Estate Planning Fundamentals for Muslims: What is an “Islamic Will?”
ONCA Clarifies the Interpretation of a “Continuous Act or Omission” in Section 15(6)(a) of the Limitations Act in Relation to Latent Defect Claim against Municipality
Starting Your Legal Career as an International Student: Navigating Law School and Recruit
Navigating Self-Represented Litigants in Family Law Trials
Have No Fear, Section 21.1 is Here: Ontario’s Fix for Estate Planning Execution Errors
The Federal Court of Appeal Clarifies the Requirements for Consent under PIPEDA in Canada (Privacy Commissioner) v. Facebook, Inc.
Making the Most out of Municipal Services Corporations
Tips for Preparing for the Ontario Bar Exams
Big News for Small Claims – Increase in Monetary Jurisdiction for Small Claims Court
Integrity in Legal Practice: Lessons from Ko v. Li and Reaffirmation of our Commitment at Lerners
Waiver Wins: Ontario Court Enforces Liability Waiver for Cycling Race
Trial Prep 101: A Practical Guide for Lawyers (And a Message for Clients Who Want to Win)
Navigating Farm Leases: Key Considerations for Farmers
Rectification: A Fix for Flawed Documents, Not Flawed Plans
When a Child Turns Away: Understanding the Difference Between Parental Alienation and Estrangement
Is it a Rabbit or a Duck? Why Lawyers Must Be Storytellers
Navigating Workforce Changes Amid Tariffs and Price Increases
Guarantees and Summary Judgment: Court reviews important considerations for granting summary judgment against the guarantor of a corporate loan
How Recent Competition Act Amendments Are Shaping Commercial Leases
New Frontier in Public Financing
Questioning in Family Law: Unlocking the Evidence Vault
Why Canadian Law Firms Must Not Retreat on Diversity
Estate Planning’s Silent Threat: The Unpapered File
Navigating the Process for Minor Variances and Zoning Bylaw Amendments from Proposal to Appeal
Court of Appeal Clarifies Corporate Defamation Damages
From Duty to Liability: The Evolution of Trustee Responsibility in Ontario Courts
Managing a Family Law Practice on Two Tracks: Digital Practices and Court Processes
Stratford Stands Strong in Court of Appeal Decision on Side-Yard Squabbles
Employers and the Off-duty Conduct of Employees
Attention Not-for-Profits: Your Volunteer Management Practices May Need Immediate Review
Significant Developments in Employment Law: Ontario Courts Reinforce Strict Approach to Termination Provisions
A Cautionary Tale for Farm Succession Planning: Metske v Metske, 2025 ONCA 418
Back to School and Back to Court? In-person Interventions at the Supreme Court of Canada
Time to Embrace Change: Civil Justice Reform