Some independent evidence is needed to support Moore v. Sweet claims, says Nick Esterbauer By Julius Melnitzer | November 18, 2022 Parties alleging that a change of beneficiaries was unlawful must prove the existence of a clear agreement to maintain their beneficiary status without change, the Ontario Court of Appeal has ruled. In Fair v. BMO […]
Douglas Judson says courthouse libraries are “mission critical” to lawyers in remote areas. By Julius Melnitzer | November 17, 2022 The Federation of Ontario Law Associations, which penned an open letter to benchers seeking support for courthouse law libraries in the current budget, has achieved its goal. In early November, Convocation passed the 2023 budget, which included […]
By Julius Melnitzer | November 15, 2022 The Saskatchewan Court of King’s Bench has held the Saskatchewan Indian Gaming Authority liable for more than $1.2 million in long-term disability benefits owed to a former employee whose benefits were cut off when he was fired and became permanently disabled during the notice period. “This case illustrates […]
Gary Boyd says circumstances can’t change the plain meaning of a contract By Julius Melnitzer | October 31, 2022 In siding with two law firms’ interpretation of a retainer agreement, the Ontario Court of Appeal has confirmed lawyers’ duty to communicate the agreement’s terms to their clients clearly. “If there is any ambiguity in a […]
Wayne Cunningham says Rubara goes beyond existing scientific consensus By Julius Melnitzer | October 28, 2022 The Ontario Court of Appeal has overturned a six-year-old aggravated sexual assault conviction of a man who did not disclose his HIV-positive status to a sexual partner of three months’ standing. The decision in R. v. Rubara expands on the court’s […]
Gavin MacKenzie says a penalty for ungovernability other than revocation is hard to justify By Julius Melnitzer | October 24, 2022 In a rare finding, the Law Society Tribunal has revoked the license of Hamilton lawyer Gerald Culliton on the ground that he was “ungovernable.” “Often, ungovernable lawyers are found guilty of other serious professional […]
Alf Kwinter says it’s unusual to see damages awarded in commercial cases. By Julius Melnitzer | October 22,2022 In a judgment that augurs well for the award of punitive damages in commercial cases, the Ontario Court of Appeal has upheld a $25,000 award in a case involving a landlord’s illegal conversion of abandoned chattels subject […]
Andrew Rudder dug deep to change the law on catastrophic impairment By Julius Melnitzer | October 14, 2022 Andrew Rudder’s battle is a story about what fighting for your client really means. It’s tempting to say that Rudder of Rudder Law Professional Corporation, a personal injury boutique in Burlington, Ontario, is the story’s focal point. […]
Ian Collins is satisfied with the result for his client but remains unhappy with the decision By Julius Melnitzer | October 13, 2022 The Ontario Court of Appeal has ruled that s. 89 of the Indian Act prohibits court-appointed receivers from seizing an Indigenous person’s on-reserve businesses and assets. The ruling overturns Superior Court Justice Stanley Kershman’s […]
Hugh Meighen says the common law sufficiently regulates litigation funding By Julius Melnitzer | October 7, 2022 As the European Union plans a clampdown on litigation funding, funders operating in Canada and lawyers familiar with their workings say regulatory intervention is not required here. “Regulation exists as a de facto matter by way of well-developed common […]