Posts filtered by tags: Ontario Superior Court of Justice[x]


 

Canada: Ontario Court Sets Out New Tort Of "Harassment In Internet Communications" - Stikeman Elliott LLP

The Ontario Superior Court of Justice has released a significant new decision, Caplan v. Atas, 2021 ONSC 670 ("Caplan"), setting out a new tort of "harassment in internet communications."...
Tags: News, Canada, Caplan, Ontario Superior Court of Justice, Ontario Court, ATAS, Internet Communications Stikeman Elliott LLP


Canada: Ontario Superior Court Denies Certification Of Cambridge Analytica Class Action - Osler, Hoskin & Harcourt LLP

On February 16, 2021, the Ontario Superior Court of Justice dismissed a motion for class certification in Simpson v. Facebook, Inc., a putative privacy class action.
Tags: News, Canada, Simpson, Facebook Inc, Ontario Superior Court of Justice, Osler Hoskin, Harcourt LLP


Canada: Hiding Behind A Screen: Ontario Recognizes A New Cause Of Action For Internet Harassment - Stikeman Elliott LLP

In re-examining the balance of freedom of speech and the law of defamation in the Internet age, the Ontario Superior Court of Justice has recently recognized a ...
Tags: News, Canada, Ontario, Ontario Superior Court of Justice, Stikeman Elliott LLP


Affidavit Evidence During a Pandemic

So you have a dog nipping at your feet, a child pulling on your sleeve, something cooking on the stove, and your phone rings in the middle of your Zoom conference call. The affidavit that you have open on your computer certainly isn’t getting your undivided attention. This probably isn’t going to be your best work. Justice Myers of the Superior Court of Justice heard a consent motion to transfer a case under Rule 13.1.02 (2) in Polgampalage v Devani. Although these motions can be rather routine,...
Tags: Law, Toronto, Windsor, Myers, Ontario Superior Court of Justice, Windsor Court, Substantive Law: Judicial Decisions, Ontario Limited, Devani, Hudson 's Bay Company ULC, Justice Myers of the Superior Court of Justice, Polgampalage


Canada: Breach Of Privacy Class Action Against Facebook Relating To Cambridge Analytica Dismissed - Gardiner Roberts LLP

The Ontario Superior Court of Justice has dismissed a class action against Facebook for breach of privacy arising from what the motion judge described as "one of the largest and most publicized...
Tags: Facebook, News, Canada, Ontario Superior Court of Justice


Canada: The New Tort Of Harassment In Cyber-Stalking Case - Rogers Partners LLP

A judge of the Ontario Superior Court of Justice has recognized a new common law tort of harassment.
Tags: News, Canada, Ontario Superior Court of Justice, Rogers Partners LLP


Canada: Beyond Defamation: Ontario Court Recognizes New Tort Of Internet Harassment - Blake, Cassels & Graydon LLP

In Caplan v. Atas, Justice Corbett of the Ontario Superior Court of Justice granted the plaintiffs' motions for summary judgment and default judgment, concluding that the defendant carried out egregious online campaigns ...
Tags: News, Canada, Caplan, Ontario Superior Court of Justice, Ontario Court, Blake Cassels, Graydon LLP, Atas Justice Corbett


Canada: Commercial Leasing: Ontario Superior Court Takes Judicial Notice Of Anti-Black Racism - Borden Ladner Gervais LLP

In Elias Restaurant v. Keele Sheppard Plaza Inc., 2020 ONSC 5457 (Elias Restaurant), the Ontario Superior Court of Justice, granted relief from forfeiture in favour of an overholding commercial tenant.
Tags: News, Canada, Ontario Superior Court of Justice, Elias Restaurant, Keele Sheppard Plaza Inc


Canada: Finally – The First Merits Decision In A Securities Class Action Alleging Secondary Market Misrepresentation - McCarthy Tétrault LLP

After years of waiting and several near misses, the Ontario Superior Court of Justice has finally decided the merits of a class action under the secondary market
Tags: News, Canada, Ontario Superior Court of Justice, McCarthy Tétrault LLP


Canada: New Tort Of Harassment Recognized By Ontario Court Following "Extraordinary Campaign Of Malicious Harassment" - Bereskin & Parr LLP

A January 28, 2021 decision by the Ontario Superior Court of Justice recognized a new civil tort of harassment in internet communications in Ontario.
Tags: News, Canada, Ontario Superior Court of Justice, Parr LLP


Canada: Finally – The First Merits Decision In A Securities Class Action For Secondary Market Misrepresentation - McCarthy Tétrault LLP

After years of waiting and several near misses, the Ontario Superior Court of Justice has finally decided the merits of a class action under the secondary market ...
Tags: News, Canada, Ontario Superior Court of Justice, McCarthy Tétrault LLP


Invalid Termination Clause Prompts Damages Payment

By Daniel Standing LL.B., Editor, First Reference Inc. The Ontario Superior Court of Justice issued a ruling in Sager v. TFI International Inc., 2020 ONSC 6608 which considered an interesting contract interpretation issue that arose in the underlying wrongful dismissal claim. The termination clause appeared to be generous to the employee but was ultimately found invalid for violating the Canada Labour Code. As a result, the employee was entitled to more notice than he received under the cont...
Tags: Law, France, Canada, Employment law, Daniel, Loomis, CLC, Ontario Superior Court of Justice, Customer Care, Sager, Substantive Law: Judicial Decisions, Case Comment, Common Law, Substantive Law, Canada Labour Code, Employment Contract


Canada: Ontario Superior Court Of Justice Hints At Impact Of COVID-19 On Reasonable Notice Periods - Cassels

Many employers have been waiting to see if COVID-19 would begin to push reasonable notice periods upward and the Ontario Superior Court of Justice recently issued a decision...
Tags: News, Canada, Ontario Superior Court of Justice


Misconduct During Remote Proceedings

As the legal system clumsily attempts to proceed along remotely during a pandemic, parties have tried their best to continue to move things along. This approach was never entirely without risk, and a new decision by the Ontario Superior Court of Justice in Kaushal v. Vasudeva et al. highlights some of these risks. The motion was to strike out evidence based on misconduct and abuse of process during a remote cross-examination. The cross-examination of the affidavit occurred via Zoom, with an inte...
Tags: Law, Coles, Gilmore, Ontario Superior Court of Justice, Kaushal, Substantive Law: Judicial Decisions, Vasudeva, Behn, Makori, Yogita, Rubal, Moulton Contracting Ltd, Canam Enterprises Inc


Court Overturns Arbitration Preventing Vaccination of Children

Most of us are looking forward these days to vaccines, especially to help us see a world where we are living following a pandemic. Not everyone is keen on vaccines though, and those divisions extend to disputes between parents over their kids. The Ontario Superior Court of Justice recently released an appeal in A.P. v. L.K. of an arbitration, where the arbitrator concluded it was not in the best interests of the two children of the relationship to become vaccinated. A court may confirm, vary, or...
Tags: Law, Wilson, Abbott, Richardson, Supreme Court of Canada, Ontario Superior Court of Justice, R, Substantive Law: Judicial Decisions, Sodhi, Gerbert, Shafia, Izyuk, Gebert, Bruff Murphy, White Burgess Langille Inman, Gunawardena


Employee Wins Pre-Trial Procedural Point on Pleadings

By Daniel Standing LL.B., Editor, First Reference Inc.   The Ontario Superior Court of Justice put forward several motions in a wrongful dismissal case, Kaminsky v. Janston Financial Group, 2020 ONSC Number 5320 (CanLII) via Zoom in August. The parties ended up in court following Carolyn Kaminsky’s dismissal from her position within her family’s business. The decision turned on a point of civil procedure and provides employers with insight into what they may argue at trial based on their knowle...
Tags: Law, Employment law, Civil Procedure, Daniel, Kaminsky, Ontario Superior Court of Justice, Substantive Law: Judicial Decisions, Case Comment, Substantive Law, Editor First Reference Inc, Wrongful Dismissal Case, Janston Financial Group, Just Cause At Time Of Dismissal, Pleadings Motion, Carolyn Kaminsky, Janston


Canada: Commercial Tenant Cannot Rely On Force Majeure Clause To Excuse Non-Payment Of Rent During Pandemic - Robins Appleby LLP

In a recent Ontario Superior Court of Justice decision, Durham Sports Barn Inc. Bankruptcy Proposal, 2020 ONSC 5938, Justice Gilmore held that a commercial tenant
Tags: News, Canada, Gilmore, Ontario Superior Court of Justice, Robins Appleby LLP, Durham Sports Barn Inc


Canada: Applying Uber v. Heller - Ontario Superior Court Of Justice Applies Unconscionability Doctrine To Standard Form Arbitration Clause - McCarthy Tétrault LLP

In Gupta v. Cedar Homes Ltd., 2020 ONSC 6333 ("Gupta"), the Ontario Superior Court of Justice had to decide whether an arbitration clause was unconscionable, in light of the teachings of the...
Tags: News, Canada, Gupta, Ontario Superior Court of Justice, Applying Uber, Heller Ontario Superior Court Of Justice, Cedar Homes Ltd


Canada: Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380 - McLeish Orlando LLP

The recent decision of the Ontario Superior Court of Justice in Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380 further clarified the law on the enforceability of waivers.
Tags: News, Canada, Ontario Superior Court of Justice, Zaky, McLeish Orlando LLP, 2285771 Ontario Inc


Canadian Court Finds Jurisdiction Over Twitter

Twitter has received a lot of public attention recently, most notably for banning the President of the United States from using the platform.  A new decision by the British Columbia Supreme Court in Giustra v. Twitter, Inc. concluded that the court has jurisdiction simpliciter over the platform, and that the Canadian courts were a forum conviens for the purposes of litigation. The plaintiff had strong connections to both British Columbia and California, the latter also being the location of th...
Tags: Twitter, Law, California, Court, Toronto, Canada, United States, Bill Clinton, Court of appeal, Party, Kent, Smith, British Columbia, Columbia, Wilson, Carter


Canada: Insurance Act Appraisals – A Court's Guide On Mechanics - Richards Buell Sutton LLP

The Ontario Superior Court of Justice recently examined the interaction of various provisions in the Insurance Act, R.S.O. 1990.
Tags: News, Canada, Ontario Superior Court of Justice, Mechanics Richards Buell Sutton LLP


Hidden Harsh Termination Clause Voids Contract

By Lewis Waring, Paralegal, Studen-at-Law, Editor, First Reference Inc. In Battiston v Microsoft Canada Inc (“Microsoft”), an employee was wrongfully dismissed because his employer had failed to bring a harsh termination clause to his attention. The Ontario Superior Court of Justice’s decision in Microsoft resulted from a combination of the fact that the clause was relatively harsh as well as the fact that the employer had buried the clause deep within his employment contract and failed to suff...
Tags: Microsoft, Law, Employment law, Ontario, Dismissal, Microsoft Corp, Ontario Superior Court of Justice, Battiston, Superior Court of Justice, Performance Review, Substantive Law: Judicial Decisions, Case Comment, Microsoft Canada, Substantive Law, Wrongful dismissal, Lewis Waring


Canada: Court Finds The Defendant Doth Protest Too Much In Certifying Power Steering Class Action Over Claims That The Defect Was "Not Dangerous" - Cassels

In Harris v Bayerische Motoren Werke Aktiengesellschaft, the Ontario Superior Court of Justice articulated the high standard that a manufacturer must reach to avoid certification in a product...
Tags: News, Canada, HARRIS, Ontario Superior Court of Justice, Cassels, Bayerische Motoren Werke Aktiengesellschaft


Canada: "Above And Beyond The Call Of Duty": Honorarium Payments To Representative Plaintiffs In Class Proceedings - Bennett Jones LLP

In Makris v Endo International PLC, 2020 ONSC 5709 [Makris], Justice Glustein of the Ontario Superior Court of Justice opined on a niche area of class actions law—honorarium payments for...
Tags: News, Canada, Ontario Superior Court of Justice, Endo International plc, Makris, Bennett Jones, Glustein


Park Evictions During a Pandemic

To the uninitiated, it looks a bit like urban camping. Take a closer look though, and you’ll see their entire life belongings, and evidence that these camps are not recreational, but a matter of survival. What we’re referring to of course are the numerous tent encampments that have proliferated across Canada during the pandemic. Other alternatives often resorted to in those without permanent housing, including couch surfing, staying with friends or family members temporarily, and even shelters a...
Tags: Law, Cdc, Toronto, City, Canada, Ontario, the City, Mohan, Hamilton Ontario, Ontario Superior Court of Justice, Substantive Law: Judicial Decisions, City of Toronto, Schabas, Occupy Toronto


Canada: The Context Of Materiality In Secondary Market Misrepresentation Claims: Miller v. FSD Pharma Inc. Securities Class Action - Norton Rose Fulbright Canada LLP

In Miller v. FSD Pharma Inc. (Miller), a decision released June 23, 2020, Morgan J. of the Ontario Superior Court of Justice granted leave to proceed with a putative secondary market...
Tags: News, Canada, Miller, Ontario Superior Court of Justice, FSD Pharma Inc Miller


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. NSRLP 2. Erin Cowling 3. First Reference 4. Condo Adviser 5. Double Aspect NSRLP The License Appeal Tribunal is Unfair to Self-Represented Litigants You’ve finally saved enough and...
Tags: Law, Canada, Normandy, Ontario, Federal Court, Ontario Court of Appeal, Ontario Superior Court of Justice, Sewell, AMEE, Monday’s Mix, La Rose, NSRLP, License Appeal Tribunal, Erin Cowling, Tarion, Tarion Warranty Corporation Tarion


Canada: Volunteer Coaches' Defamation Claim Dismissed As Contrary To Public Interest - Gardiner Roberts LLP

The Ontario Superior Court of Justice dismissed a defamation claim which arose from an email sent by parents of a competitive ringette player...
Tags: News, Canada, Ontario Superior Court of Justice, Public Interest Gardiner Roberts LLP


Virtual Hearings, Access to Justice and Privacy

Under ordinary circumstances, I would not remotely contemplate imposing such an unsatisfactory mode [videoconference] of a trial on a party against its will. But these are not ordinary circumstances and we have entered a period in which much that is around us is and is going to continue to be unsatisfactory. I think we must try our best to make this trial work… Justice Perram, Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 (Australia) Like many adjudicators working ...
Tags: Microsoft, Law, Australia, Canada, Ford, Ontario Superior Court of Justice, CRTC, Dispute Resolution, Amy Salyzyn, My Slaw, Capic, Justice Perram Capic, Justice Perram


Canada: If Employees Work Overtime, Employers Must Pay Despite Overtime Policies - Torkin Manes LLP

In a recent class action proceeding which affected 31,000 CIBC customer service employees across Canada, the Ontario Superior Court of Justice has ruled that overtime premiums must be paid whenever overtime hours are required.
Tags: News, Canada, CIBC, Ontario Superior Court of Justice, Torkin Manes LLP