Considerations When Requesting a Court Ordered Medical Exam
In personal injury cases there is usually a need to rely on evidence from a doctor or other health practitioner to determine the extent of injuries. However, for any number of reasons the injured party
Fixed Term Employment Contracts and the Duty to Mitigate
In some instances when a contract is breached, there is an obligation on the parties involved to take steps to limit their losses. This rule, which is referred to as the duty to mitigate, exists
Ontario Court of Appeal Clarifies Possible Defendants for Misrepresentation in Take-Over Bid Circulars
The issuers of take-over bid circulars should take notice of the recent Ontario Court of Appeal decision in Rooney v ArcelorMittal S. A. The case deals with the statutory right of security holders, which is
Process Over Outcome: Ontario’s Duty of Good Faith in Contractual Dealing
“If you took a poll of Ontarians who have had occasion to frequent the ServiceOntario outlets that dot the Province, there is little doubt that the overwhelming majority would hold the view that the operations
Court Grapples with Anti-SLAPP Legislation
New legislation intended to curb Strategic Lawsuits Against Public Participation (SLAPPs) was recently put to the test in a decision on a motion allowing a developer to continue its breach of contract case following an
Negligent Misrepresentation on Qualification for Long-Term Disability Results in Employer Liability
In Feldstein v 364 Northern Developments Corporation, an employer was ordered to pay a former employee $83,336.80 in lost long-term disability benefits and $10,000.00 in aggravated damages, totaling $93,336.80. As part of an employment package,
5 Essential Websites for Every Young Lawyer Litigator
Having practised litigation for several years, I have come to realize that there are several websites which are essential to any litigators practice. These are the websites which I wish someone had told me about
Ontario re-introduces anti-SLAPP legislation
On December 1, 2014, Ontario once again tabled legislation targeting litigation brought for the purpose of stifling debate on matters of public interest, known as Strategic Litigation against Public Participation (“SLAPP”). A SLAPP lawsuit typically
Dispensing with Service on a Large Group of Respondents
When it comes to the serving materials on a large number of respondents—whether it’s a few dozen, a few hundred, or more—the reported case law is extremely sparse. There is little guidance on appropriate methods
Caledon ats Crocker Motion
In a recent unreported decision won by Robert Richler of Davies Howe Partners LLP, the Small Claims Court re-affirmed the law regarding addition and substitution of parties in Small Claims Court proceedings, and awarded significant
