SB Case Commentaries

Welcome to the new Stieber Berlach Case Commentaries. These Case Commentaries will provide you with a brief update on recent or important court decisions and our thoughts about their implications. Please check back regularly for the latest news as we add to our Commentaries.

The Sound of Silence – The Ontario Court of Appeal Interprets Silence in a Termination Clause

by Jessica DiFederico | Mar 29, 2018

The Court of Appeal has provided some much needed clarification on the ever changing subject of enforceability of employment contracts. In Nemeth v. Hatch Ltd., 2018 ONCA 7 (“Nemeth”), the plaintiff (appellant) was employed with the defendant for about 19 years. He was terminated and was given eight weeks’ notice of termination, 19.42 weeks’
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Managing Surveillance

by Katie Di Tomaso | Mar 29, 2018

In 2015, I was honoured to speak to Stieber Berlach’s clients on the then recent Ontario Court of Appeal decision and leading case on surveillance, Iannarella v. Corbett, 2015 ONCA 110 (CanLII) (http://canlii.ca/t/ggbk3). I was pleased to deliver a paper I had written on the topic of properly using surveillance evidence in litigation cases. Fast-forward
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Preventing Extensions Of Limitation Periods

by Christopher Afonso | Mar 29, 2018

Newly developing law concerning extending limitation periods was clarified in a recent decision of the Ontario Superior Court. In Peloso v. Griesbach, 2018 ONSC 798, the court considered whether a limitation period could be extended beyond two years where a tort claimant is engaged in a process to limit or remove its damages. The law that limitation
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The Framework: Anti-Slapp Legislation

by Farhad Shekib | Mar 29, 2018

Section 137.1 of the Courts of Justice Act, R.S.O. 1990, c. C.43 (the “CJA”) was enacted in response to strategic litigation against public participation (“SLAPP”) lawsuit. Such lawsuits use the court system to limit the effectiveness of the opposing party’s speech or conduct. The stated purpose of sections 137.1 to 137.5 of the CJA is to:
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