Conspiracy theory: Is price-matching illegal?
Federal Court decision sheds light on the difference between unlawful conspiracies and “conscious parallelism”. You pull up to a major intersection. There’s a gas station on every corner. You notice one of the stations is raising the price on its sign by a few cents higher than its competitors. Later, you drive past the same...
Continue reading the post titled Conspiracy theory: Is price-matching illegal?Retrial: lower fines for environmental consultant
In 2011, we wrote about the record $161,000 in fines imposed upon an environmental consultant and his company. In addition, $40,500 in fines were imposed on their clients, Mr. James Sinclair and his company Sinclair Landing, owner of a contaminated site. Following an appeal and retrial, the fines imposed on geo-environmental firm Bruce A. Brown Associates...
Continue reading the post titled Retrial: lower fines for environmental consultantOntario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)
In Davies v. Clarington (Municipality), 2023 ONCA 376, the Ontario Court of Appeal reached the reasonable conclusion that non-party lenders with no involvement in directing litigation are not liable to pay an adverse costs award that a plaintiff will not pay. On this appeal, the Court provides a helpful statement of the law on awarding...
Continue reading the post titled Ontario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)More Grief for MOE on Standards
Ministry of the Environment has a very bad year defending its environmental standards.
Continue reading the post titled More Grief for MOE on StandardsProposed changes to Reg. 347- Waste
Half of the amendments are intended to ensure that the Ministry wins long-standing arguments about the interpretation of the regulation.
Continue reading the post titled Proposed changes to Reg. 347- WasteBeyond Branco: A Comparison Of Recent Decisions On Insurers’ Bad Faith And Punitive Damages
The recent decision Branco v American Home Assurance Company received a lot of attention for the high damages awarded against an insurer for acting in bad faith. Branco was just one of a series of cases dealing with bad faith damages in Canada over the last year. In this article, Siskinds looks at those cases...
Continue reading the post titled Beyond Branco: A Comparison Of Recent Decisions On Insurers’ Bad Faith And Punitive DamagesIs it even a pilot project 24 years later?: The case for mandatory mediation across Ontario
Lawyers practicing any form of litigation know that mediation can be a client’s best friend. It’s an efficient, effective, and fair mechanism to resolve clients’ differences in a timely way. In 1999, the Ontario Mandatory Mediation Program established a pilot project to test the advantages of mediation by making it mandatory for most civil litigation...
Continue reading the post titled Is it even a pilot project 24 years later?: The case for mandatory mediation across OntarioNeurological imaging to prove brain injury in medical negligence litigation
A brain injury is when cell death occurs in the brain, which can affect an individual’s capacity, emotional regulation, and ability to function. From a medical negligence perspective, this is often seen in cases of misdiagnosis or delay in the diagnosis of stroke and birth trauma/obstetrical negligence. When a brain injury has been acquired as...
Continue reading the post titled Neurological imaging to prove brain injury in medical negligence litigationWhat To Do If You Are Injured In An Accident In The United States
Each year, many Ontarians are involved in car accidents while travelling outside of the province. These claims often involve complex issues, such as where a civil action should be started and questions as to which jurisdiction’s laws should apply. If you are from Ontario and are involved in a car accident in the United States,...
Continue reading the post titled What To Do If You Are Injured In An Accident In The United StatesThe (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts
Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies and products to other members of Facebook and externally without her consent....
Continue reading the post titled The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer ContractsReceive Blog Posts
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