Employee’s Personal Liability for Negligence in Toronto Ontario

Posted on: April 25, 2018

Employees’ Personal Liability for Negligence – Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII) In Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (“Sataur”), the appellant, Abigail Sataur, pleaded that she was injured when a barista at a Starbucks in Brampton poured scalding hot water on her hands. Ms. Sataur sued Starbucks, […]

How Much will Cost Dismissing an Employee in Ontario Canada

Posted on: April 18, 2018

Employers Tread Carefully – The Manner of Dismissing an Employee Can Cost You Close to A Million Dollars In December 2017, Justice Emery of the Ontario Superior Court awarded Gail Galea approximately $1.6 million in damages for her wrongful dismissal by Wal-Mart Canada.  What is truly remarkable about this decision, is Justice Emery’s award of […]

Positive Covenants Does Not Run With the Land

Posted on: January 25, 2018

Tribunals Cannot Use Legislation to Obtain Documents Protected By Solicitor-Client Privilege Unless It Contains “Clear, Explicit and Unequivocal” Language. In Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53, the Supreme Court protected documents subject to solicitor-client privilege from being released under Section 53 of Alberta’s Freedom of Information and Protection of […]

Professional Legal Services Toronto

Posted on: January 17, 2018

Supreme Court of Canada Upholds Common Law Rule That Positive Covenants Do Not Run With The Land. In the 2016 decision in Heritage Capital Corp. v. Equitable Trust 2016 SCC 19, the Supreme Court of Canada (‘SCC’) held that Equitable Trust was not entitled to payments under the Historical Resources Act (HRA) as part of […]

What is Libelous Statement? Lawyer Toronto Explains

Posted on: December 5, 2017

A “Statement of Fact” Defence Can Fail If the Court Finds Malice in Libellous Comments In a 2016 decision, the ONCA overturned the trial judge’s decision in Awan v. Levant ONCA 2016 970. Khurrum Awan brought a defamation suit against Ezra Levant relating to nine blog posts that accused the plaintiff of being a “liar” […]

Rules of Civil Procedure 29.1: Discovery Plan

Posted on: November 27, 2017

Under the Rules of Civil Procedure 29.1, all parties to an action must agree to a discovery plan if they intend to obtain evidence through documents, oral examination, inspection of property, medical examination or examination for discovery by written questions. This plan must be submitted within 60 days of the close of pleadings and before […]

Ontario Government Proposing to Replace the Municipal Board with LPAT

Posted on: September 19, 2017

In May of 2017, the Ontario Government announced a proposal to eliminate the Ontario Municipal Board. Under the new proposal, disputes with municipal land planning decisions will instead be appealed to the Local Planning Appeal Tribunal (LPAT). The LPAT will exist as an independent tribunal that operates at arm’s length from the government. If the […]

Rules of Civil Procedure 21.1

Posted on: August 16, 2017

RULES OF CIVIL PROCEDURE 21.1: MANDATORY MEDIATION. Under the Ontario Rules of Civil Procedure 21.1, civil litigation trials in Toronto, Ottawa and Windsor are subject to the Mandatory Mediation Program. Under this program, actions that are subject to case management must be mediated by a private sector mediator whose goal is to assist the parties […]