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Published on: 9 May 2013 By

Gender Expression and Gender Identity: New Protected Grounds of Discrimination

In June 2000, the Ontario Human Rights Commission (“OHRC”) released its Policy on Discrimination and Harassment because of Gender Identity, taking the position that the ground of sex could be used to protect transgender people from discrimination and harassment. The OHRC also called for an amendment to Ontario’s Human Rights Code (“Code”) to add “gender identity”...

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Published on: 10 Feb 2017 By

National Energy Board Hearings for Energy East Starting Over

A month and a half after Minister Carr appointed three new panel members to the National Energy Board, the Energy East pipeline review will be starting over from the beginning. We reported in December that the Minister appointed the new members to the Board following the recusal of the former panel. The panel recused itself...

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Published on: 7 Oct 2021 By

Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”

A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morgan’s refusal to stay an Ontario class action despite the authorization of a nearly identical...

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Published on: 27 Jan 2023 By

What does it mean to witness a document?

The pandemic has changed how the world does business. People can buy, sell, and contract without ever meeting face to face. This new digital age emerged from necessity and has grown because of technology like Zoom, TitanFile, and DocuSign. But with this new convenience also comes a new set of considerations. Take DocuSign for example....

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Published on: 9 Jan 2023 By

Current processing times of grant of citizenship and proof of citizenship applications in Canada

Grant of Canadian citizenship Obtaining Canadian citizenship requires you to complete several steps and it is not a quick process. A foreign national must first become a permanent resident of Canada and meet eligibility requirements before applying for Canadian citizenship. People over the age of 18 (and some minors) must have been physically present in...

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Published on: 6 Sep 2022 By (She/Her)

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...

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Published on: 6 Jun 2022 By

Intervenor 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...

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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 issues trial decision, Cavanaugh offers...

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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 electronic CoPRs. To facilitate the virtual landing, the IRCC use the Online Permanent Residence Confirmation Portal. The Portal...

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