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 three … Continued
Insights
& Commentary
Insights list
The Framework: Anti-Slapp Legislation
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: Encourage individuals to … Continued
Managing Surveillance
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 three … Continued
by Katherine Di Tomaso
Preventing Extensions Of Limitation Periods
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 … Continued
The Sound of Silence – The Ontario Court of Appeal Interprets Silence in a Termination Clause
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’ salary as … Continued
by Jessica DiFederico