In January 2021, the Ontario Court of Appeal released Louis v Poitras,[1] the now definitive case on striking civil jury trials during the COVID-19 pandemic. Poitras was the culmination of the onslaught of motions to strike civil juries due to prejudice arising from pandemic-related delay. In a concise and strong decision, the Ontario Court of … Continued
COVID-19 and the public health response to the global pandemic has had a significant impact on the conduct of civil litigation in Ontario and elsewhere. The Ontario Superior Court of Justice has encouraged all regions to adopt virtual proceedings wherever possible. It has requested that counsel and parties accommodate requests made by opposing counsel or … Continued
In Hemlow Estate v. Co-operators General Insurance Co, 2021 ONCA 908, the Ontario Court of Appeal held that the insurer had a duty to defend a claim relating to the negligence of the insured, which resulted in the insured’s own death and property damage at the location where he was working. The court affirmed that … Continued
In the recent decision, Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme Court of Canada considered the application of promissory estoppel in the insurance context. Specifically, the Court considered whether an insurer was estopped from denying coverage because it had already provided a defence, before it … Continued
In the recent decision of Jacobs v. MyHealth Centre, 2021 HRTO 1009, the Human Rights Tribunal of Ontario (“HRTO”) concluded that the denial of services to a patient who was presumptively positive with COVID-19 did not amount to discrimination under the Ontario Human Rights Code (“the Code”) Background Facts The Applicant, Steven Jacobs, attended the … Continued
Honoraria have traditionally been available to representative plaintiffs in class actions in Ontario where the plaintiff has “gone well above and beyond the call of duty.”[1] In Smith Estate v National Money Mart Company,[2] the Ontario Court of Appeal upheld the motion judge’s decision to grant a $3,000 honorarium because the representative plaintiff’s contributions to … Continued
In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal upheld an award of a 26-month notice period on the basis of “exceptional circumstances”. Background The plaintiff, Diane Currie, brought an action against her former employer after she was terminated. Ms. Currie started working for her employer in September 1979. In … Continued
A legal proceeding intending to silence a group or individual who speaks out on matters of public interest is known as a Strategic Lawsuit Against Public Participation (SLAPP). The purpose of a SLAPP is to silence critics with less financial resources by forcing them to spend time and money to defend baseless lawsuits.[1] Examples of SLAPPs … Continued
