By: Julius Melnitzer | February 3, 2024 The Ontario Court of Appeal’s affirmation of a $1.5 million punitive damages award — reportedly the largest of its kind in a Canadian long-term disability case — may signal greater exposure for employers and insurers that fail in their duty to treat such claims in good faith. “The court had no […]
By Julius Melnitzer | January 31, 2024 SAMFIRU TO FACE MISCONDUCT ALLEGATIONS IN ALBERTA Lior Samfiru, the Toronto-based national co-managing partner of employment law boutique Samfiru Tumarkin LLP, a firm that claims to be the “most positively reviewed employment law firm in Canada”, must now contend with allegations of professional misconduct in Alberta in addition […]
By Murray Gottheil | January 30, 2024 Photo by Keira Burton at Pexels When I practiced law, I worried a lot. I worried about making a mistake on my files. I worried that I was too busy. I worried that I was not busy enough. I even worried for the people at my firm who were […]
By Julius Melnitzer | January 29, 2024 This article was produced in partnership with Bogoroch & Associates LLP The approach of Canadian courts to expert evidence has undergone a sea change since the 2015 decision in White Burgess Langille Inman v. Abbott and Haliburton Co., where the Supreme Court of Canada affirmed that an expert’s awareness of […]
By Harinder Singh | January 26, 2024 Express Entry is the system by which the Canadian Government invites candidates who have shown interest in immigrating to Canada to apply for permanent residency. The federal system primarily engages three economic programs: All Express Entry candidates must meet the eligibility criteria and have the minimum number of […]
By Julius Melnitzer | January 23, 2024 What follows is Part II of Law360 Canada’s annual list of the country’s Top 10 business decisions ranking cases 1-5 in ascending order. Part I, which ranked cases 6-10, was published earlier. 5. Markowich v. Lundin Mining Corporation; Peters v. SNC-Lavalin Group Inc. (ONCA) These sister cases represent the Ontario Court of […]
Photo by Ana Arantes at Pexels By Murray Gottheil | January 22, 2024 Let’s say that Mike is a partner at his firm. He stays for many years and builds a substantial client base. And while we are making things up, let’s assume that Mike has been a team player and introduced his clients to his partners […]
By Julius Melnitzer | January 19, 2024 A recent Canada Industrial Relations Board decision has raised questions about the threshold that individuals must meet to be considered dependent contractors who are therefore entitled to reasonable notice on termination without just cause. Dependent contractors, while not formally considered employees because of the degree of control and […]
Photo by Irfan Rahat at Pexels By Murray Gottheil | January 17, 2024 Write what you know.~ Mark Twain I know absolutely nothing about the collapse of Minden Gross LLP beyond what I have read in the Globe & Mail. However, I did hang around the legal profession for a long time, and I figure […]
By Julius Melnitzer | January 15, 2024 What follows is Law360 Canada’s annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. 10. Benjamin Moore & Co v. Canada (Attorney General) In this case, the first time […]