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Published on: 10 Feb 2022 By

First reported decision on s. 29.1 of the amended CPA – Bourque v Insight Productions

In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 (“CPA”), dismissing a putative class action for delay. Section 29.1 provides that, on a motion, the court must dismiss a putative class proceeding for delay unless, by the first…

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Published on: 31 Jan 2022 By

Three things Ontario employers can do this week to limit employment liability in 2022

Happy new year! Let’s hope that this is the beginning of the end of COVID-19. To start the year off with something light but action-oriented, I thought I would propose three things that you can do this week to help get your organization started off on the right foot in 2022 from an employment law...

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Published on: 9 Dec 2021 By

The Ontario “right” to disconnect: what should employers do about it?

Bill 27, otherwise known as the Working for Workers Act, 2021, recently received Royal Assent. The bill introduced various amendments to employment legislation in Ontario, including the Employment Standards Act, 2000. Two changes are attracting the most interest from employers. First, the ES…

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Published on: 6 Dec 2021 By

Upheld: plaintiffs win common issues trial after 24 years of institutional abuse

In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common is…

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Published on: 1 Dec 2021 By

As a Canadian permanent resident, can I travel outside Canada without the Permanent Residence Card during COVID-19?

Since March 2020, Immigration, Refugees and Citizenship Canada (‘IRCC’) have being abstaining from the traditional in-person permanent residence landing appointments to validate Confirmation of Permanent Residence (‘CoPR’). Instead, the IRCC have been completing virtual landing and issuing e…

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Published on: 15 Oct 2021 By

Ontario 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…

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Published on: 8 Oct 2021 By

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…

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