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Published on: 23 Jul 2020 By

The SCCโ€™s decision in Uber signals modernization of Canadian workersโ€™ rights

On June 26, 2020 the Supreme Court of Canada released its decision in Uber Technologies Inc. v. Heller 2020 SCC 16. In an eight-one majority, the SCC held that the plaintiff Uber driver could proceed with his class action against Uber, despite the mandatory arbitration clause contained in a standard form contract he had signed...

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Published on: 17 Sep 2012 By (Dianne Saxe)

Do the innocent get compensation after MOE orders?

Cleaning up your neighbourโ€™s mess: Recovery of spill clean-up costs by the innocent party. It is clear that any civilized system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived...

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Published on: 2 Jun 2020 By

Tลilhqotโ€™in Nation wins 30-year battle

On May 14, 2020 the Supreme Court of Canada (โ€œSupreme Courtโ€) dismissed Taseko Mines Limitedโ€™s (โ€œTaseko Minesโ€) application for leave to appeal a decision of the federal court of appeal. The decision of the Supreme Court resulted in the refusal of the approval for Taseko Mines $1.5-billion dollar proposed open-pit copper and gold mine. This...

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Published on: 25 Apr 2013 By (Dianne Saxe)

Why the Supreme Court decision in AbitibiBowater won’t work

We have written several times about the Supreme Court of Canada’s decision inย AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In short, the Supreme Court ruled that environmental orders can...

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Published on: 21 Jul 2021 By

What if Britney Spears lived in Ontario? Examining agency and guardianships in Ontario

Britney Spearsโ€™ conservatorship, and the resulting โ€œFree Britneyโ€ movement, has been a topic of much discussion in the news. Plenty of attention, and rightfully so, has been focused on what Britneyโ€™s wishes are with respect to the conservatorship. Recently, Britney made a powerful statement to the Judge presiding over her conservatorship case that outlined her...

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Published on: 22 Dec 2010 By (Dianne Saxe)

SLAPP Panel recommends anti-SLAPP law

The Ministry of the Attorney General has published the report of the Anti-SLAPP Advisory Panel. The report is on the Ministryโ€™s web site at:ย http://www.attorneygeneral.jus.gov.on.ca/english/anti_slapp/anti_slapp_final_report_en.pdf. The panel adopted most of the Ontario Bar Association recommendations that I helped to develop and present this summer. Here are the Panel’s conclusions:

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Published on: 16 Mar 2016 By

What really happens in a personal injury trial?

In times past, the vast majority of personal injury cases would settle after meaningful negotiation between the parties. Unfortunately, the role of meaningful negotiation has decreased in recent years. A growing number of insurers have adopted an aggressive negotiation strategy, especially towards cases involving chronic pain injuries. Usually, these insurers assess the case by means...

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Published on: 17 Jul 2013 By (Dianne Saxe)

Municipality can’t bring Charter challenge to wind approval rules

The Environmental Review Tribunal has quashed an attempt by a municipality to bring a Charter challenge to Ontario’s wind energy approval rules.ย Undoubtedly, however, the same Charter challenge will be brought soon by one or more individuals. Inย Municipality of North Middlesex v. Director,ย Ministry of the Environment, North Middlesex served a Notice of Constitutional Question shortly before...

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Published on: 5 Feb 2018 By

What Does it Take to be a Representative Plaintiff in a Class Proceeding?

In most class actions, class counsel represent class members in Court. One class member, the โ€œrepresentative plaintiff,โ€ has important responsibilities with special duties to absent class members. Ontarioโ€™s class proceeding legislation requires that each class action have a representative plaintiff who: (i) would fairly and adequately represent the interests of the class; (ii) has produced...

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