Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court
In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Divisional Court seeks to avoid...
Continue reading the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional CourtIntervenor beware! – Brewers Retail v. Campbell
In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement purposes and sought its costs. This was a class action in respect of a proposed class...
Continue reading the post titled Intervenor beware! – Brewers Retail v. CampbellBeyond “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, Pierringer agreements allow one or more settling defendants to withdraw from the plaintiff’s action while the...
Continue reading 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.Can the insurer “spy” on me?
During a personal injury claim, you may discover that you are being followed, videotaped, and photographed. While undoubtedly uncomfortable and intrusive, “surveillance” is legal and is quite common. The purpose and impact of surveillance During a personal injury claim, the lawyer for the defendant insurance company often uses surveillance to challenge the severity of your...
Continue reading the post titled Can the insurer “spy” on me?Can a delay in breast cancer diagnosis be a result of medical malpractice?
For many patients with breast cancer an early diagnosis with early treatment can result in an excellent prognosis (there is a 90% to 99% five-year survival rate1 for patients with a stage I or II breast cancer diagnosis). However, a delay in diagnosis can result in a later-stage diagnosis and a poorer prognosis. Early screening...
Continue reading the post titled Can a delay in breast cancer diagnosis be a result of medical malpractice?Are we there yet? Solidifying the U.S. – E.U. privacy landscape with President Biden’s new Executive Order
On October 7, 2022, President Biden signed an Executive Order (“E.O.”) on Enhancing Safeguards for United States Signals Intelligence Activities. Businesses might be wondering: What, if anything, does this mean for me? Quite simply, if your business transfers personal information from one country or state / province to another country or state / province, you...
Continue reading the post titled Are we there yet? Solidifying the U.S. – E.U. privacy landscape with President Biden’s new Executive OrderWhat is a parenting plan?
Life is not predictable, but it can be made easier when separated parents have the stability of a parenting plan. A parenting plan is one of the most critical legal documents for preventing conflict between you and your ex-partner. The Divorce Act defines a parenting plan as a document that outlines how parents will raise...
Continue reading the post titled What is a parenting plan?Failed real estate deals: The assessment date for damages
It is inevitable that some deals fall apart, but the consequences and frequency of these failures can vary based on whether it occurs in a rising, falling or stable market. The state of the market may also affect who the at-fault party is likely to be. With declining purchase prices, failed real estate deals have...
Continue reading the post titled Failed real estate deals: The assessment date for damagesAre feelings of frustration and anger compensable in medical malpractice?
When a patient has experienced a medication error, or other medical negligence by a health care provider, it can cause stress, anxiety, and feelings of frustration and anger. Whether those feelings, or psychological upset, will amount to a compensable mental injury in law will depend on a number of factors, known as the Saadati factors[1]....
Continue reading the post titled Are feelings of frustration and anger compensable in medical malpractice?Going to court: Navigating commercial litigation in Ontario
When faced with a business-related dispute, understanding the steps involved before initiating a legal proceeding in the Ontario Superior Court of Justice is crucial to protect your rights and reaching a proper conclusion. Three main steps in a legal action Whether you’re dealing with contractual disputes, business conflicts, or financial disagreements, there are three stages...
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