A 2018 roundup of the top legal cases in the benefits industry
December 21, 2018 When considering the legal cases attracting the most attention from the pension and benefits industry in 2018, the Ontario Human Rights Tribunal’s decision in Talos v. Grand Erie District School Board was one of the most talked about of the year. “This case is important because plan administrators who previously relied on the Employment Standards […]
Feds settle class action, compensating 1,700 who became ill on parental leave
February 13, 2019 The federal government’s about-face in settling a multi-million dollar class action in the Federal Court of Canada means more than 1,700 individuals who become ill while on parental leave between 2002 and 2013 will be compensated for the government’s refusal to convert their benefits into employment insurance sickness benefits. For 11 years […]
Top 10 Business Decisions of 2018
Canadian courts delivered a number of notable decisions that affected Canadian business in 2018, including the Federal Court of Appeal overturning Tsleil-Waututh Nation v. Canada (Attorney General) Feb 14, 2019 While six of Lexpert’s top 10 business decisions from Canadian appellate courts and administrative tribunals in 2018 came out arguably in favour of the business community, that trend […]
Billions of dollars in taxes could go up in smoke as $13.5B judgment weighs on tobacco industry
Industry’s demise would hit nation’s finances, the revenue stream cigarette sales provide to Aboriginal people, and lead to a potential boom in illicit tobacco trade May 13, 2019 12:50 PM EDT A $13.5 billion judgment against Canada’s Big Three tobacco companies has forced them into the largest and most complicated restructuring proceedings this country has […]
Amicus curiae in private family law cases
The Ontario Court of Appeal has enunciated the principles governing the appointment of amicus curiae (friend of the court) in private family law cases — and the message from Morwald Benevides v. Benevides 2019 ONCA 1023 is unequivocally that appointments in such cases should be the exceptions to the rule. “It would be rare in a family law case […]
More US firms choose to seat their arbitrations in Canada
Our judges are more hands-off. Our system is less litigious. Our country is more welcoming to international witnesses. And seating a case here is just as convenient. Canada, and Toronto in particular, has emerged as a hub for international arbitration for many reasons — and US attorneys and in-house counsel would do well to heed […]
Confusion continues about causation test in medical malpractice cases
“But for” language is behind much of the confusion surrounding the causation analysis in medical malpractice cases, particularly those involving delayed diagnosis allegations, says a veteran practitioner. “‘But for’ is meant to encapsulate an event that causes or contributes to the harm,” says Paul Harte of Harte Law in Richmond Hill, Ontario. “But juries get […]
Court analyzes exceptional circumstances for awarding premium costs on contingency fees
Connolly and Connolly Obagi LLP, a recent decision from the Ontario Superior Court of Justice, eases some of the uncertainty surrounding what amounts to “exceptional circumstances” that entitle plaintiffs’ counsel to add costs recovered to their contingency fees in non-medical malpractice cases. “Connolly is a significant case in clarifying this whole area of the law,” […]
The Art of the Case: A Tale of Two Equities
Even with a bedrock of legal principle at stake, Ecuadorean villagers’ battle with Chevron had equities at its heart “I looked at the stuff and said yes.” That is Alan Lenczner’s succinct summary of the advice he gave to a group of Ecuadorean plaintiffs who consulted his firm, Lenczner Slaght Royce Griffin Smith LLP, about […]
Structured settlements: Hopes and dreams or real and certain?
Personal injury lawyers should examine the feasibility of structured settlements (a settlement paid out as an annuity, not all in one lump sum) more closely in today’s low interest environment, a veteran plaintiff’s counsel maintains. “The bar has become extremely comfortable with structures, partly because there’s no real incentive for lawyers to dig deeper,” says […]