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
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
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
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
Should MDS Inc. V. Factory Mutual Insurance Company (FM Global) Impact COVID-19 Business Interruption Claims?
The novel coronavirus causing the COVID-19 infection is likely to impact insurers in several ways. In addition to an anticipated decrease in premium collection due to cancellation of policies, and a probable shrinking of investment returns, it is anticipated that there will be numerous claims that arise from the pandemic, including business interruption claims. The … Continued
In the recently released decision, Stirrett v. Cheema, 2020 ONCA 288, the Court of Appeal opined on the role causation plays in awarding damages for a breach of fiduciary duty. The Court held that the trial judge had erred in awarding compensation for a breach of fiduciary duty when causation had not been proven. The Court … Continued
The Supreme Court’s Decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
In two recent decisions, the SCC has re-written the standard of review to be applied by courts when hearing appeals of administrative decisions. In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, a Canadian born child of two Russian spies, was initially stripped of his citizenship by the Canadian Registrar of Citizenship. That … Continued
In advance of 2020, Ontario litigators saw changes on the horizon when, on October 23, 2019, the Ontario Government announced significant amendments, effective January 1, 2020, to Ontario’s Rules of Civil Procedure. In particular, the changes were to rule 76 governing actions commenced under simplified procedure. The purpose of the changes is to make civil litigation … Continued