The SCCโs 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...
Continue reading the post titled The SCCโs decision in Uber signals modernization of Canadian workersโ rightsDo the innocent get compensation after MOE orders?
Cleaning up your neighbourโs 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...
Continue reading the post titled Do the innocent get compensation after MOE orders?Tลilhqotโin Nation wins 30-year battle
On May 14, 2020 the Supreme Court of Canada (โSupreme Courtโ) dismissed Taseko Mines Limitedโs (โTaseko 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...
Continue reading the post titled Tลilhqotโin Nation wins 30-year battleWhy 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...
Continue reading the post titled Why the Supreme Court decision in AbitibiBowater won’t workWhat if Britney Spears lived in Ontario? Examining agency and guardianships in Ontario
Britney Spearsโ conservatorship, and the resulting โFree Britneyโ movement, has been a topic of much discussion in the news. Plenty of attention, and rightfully so, has been focused on what Britneyโs wishes are with respect to the conservatorship. Recently, Britney made a powerful statement to the Judge presiding over her conservatorship case that outlined her...
Continue reading the post titled What if Britney Spears lived in Ontario? Examining agency and guardianships in OntarioSLAPP 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 Ministryโs 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:
Continue reading the post titled SLAPP Panel recommends anti-SLAPP lawPublic participation restrictions do not violate Charter
Can the federal government successfully muzzle (non-aboriginal) opponents to major energy and resource projects? So far, yes.
Continue reading the post titled Public participation restrictions do not violate CharterWhat 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...
Continue reading the post titled What really happens in a personal injury trial?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...
Continue reading the post titled Municipality can’t bring Charter challenge to wind approval rulesWhat 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 โrepresentative plaintiff,โ has important responsibilities with special duties to absent class members. Ontarioโs 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...
Continue reading the post titled What Does it Take to be a Representative Plaintiff in a Class Proceeding?Receive Blog Posts
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