Insights
& Commentary

Insights list

ONCA Clarifies Existing Jurisprudence Regarding the Disclosure of Settlement Agreements - photo
  • Commentaries

ONCA Clarifies Existing Jurisprudence Regarding the Disclosure of Settlement Agreements

By Landan Peleikis Introduction The Ontario Court of Appeal’s decision in Poirier v. Logan[1] serves as a stark reminder of the detrimental consequences that result from failing to immediately disclose settlement agreements to non-settling parties. Background The respondents, Jeremy Logan and Morey Chaplick owned the respondent M.C. Capital Corp. (“M.C. Capital”). M.C. Capital ran a … Continued

The Court of Appeal upholds 26-month notice period in Currie v. Nylene Canada Inc., 2022 ONCA 209 - photo
  • Commentaries

The Court of Appeal upholds 26-month notice period in Currie v. Nylene Canada Inc., 2022 ONCA 209

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

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A Great New Resource: Civil Procedure and Practice in Ontario - photo
  • Commentaries

A Great New Resource: Civil Procedure and Practice in Ontario

Stieber Berlach LLP is pleased to share an important new free textbook, Civil  Procedure and Practice in Ontario, which includes contributions from Katie Di Tomaso as an author of two chapters annotating sections 1-5 and 15-24 of the Limitations Act, 2002 and Christian Breukleman as an author of the chapter on Rule 29 of the Rules of Civil Procedure dealing with Third Party Claims. CPPO is … Continued

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Human Rights Tribunal Finds “Good Faith” COVID-19 Restrictions Can Still Be Discriminatory, Sets Benchmark Monetary Award. - photo
  • Commentaries

Human Rights Tribunal Finds “Good Faith” COVID-19 Restrictions Can Still Be Discriminatory, Sets Benchmark Monetary Award.

JL v. Empower Simcoe 2021 HRTO 222 In a recent decision confirmed by the Human Rights Tribunal of Ontario (the “HRTO”) May 7, 2021 (2021 HRTO 348), the HRTO has ruled that COVID-19 restrictions and protocols accepted to benefit the health of the public can still be discriminatory under the Ontario Human Rights Code (the “Code”).  Restrictions … Continued

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Human Rights Tribunal Establishes Acceptable COVID-19 Accommodation Process and Requirements for Policies - photo
  • Commentaries

Human Rights Tribunal Establishes Acceptable COVID-19 Accommodation Process and Requirements for Policies

Rishi Sharma v. City of Toronto 2020 HRTO 949 In the midst of the COVID-19 pandemic, the HRTO evaluated municipal by-laws establishing mandatory masking.  In that process, it also outlined the expected process for requesting exceptions to these by-laws (“accommodation”) under the Ontario Human Rights Code (the “Code”). The Applicant, in this case, was a member of … Continued

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Appeal Board Upholds Defence of Jurisdiction for Professionals in Non-Therapeutic Roles. - photo
  • Commentaries

Appeal Board Upholds Defence of Jurisdiction for Professionals in Non-Therapeutic Roles.

2021 CanLII 7968 (ON HPARB) The Ontario Health Professions Appeal and Review Board (“HPARB”) has upheld a rare defence and approach to defending professionals in matters before their professional colleges.  In a case successfully defended by Stieber Berlach at both the College of Nurses (“CNO”) and HPARB, this 2021 decision sustained the ability of the … Continued

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