Court of Appeal upholds $1.5 million punitive damages award in LTD claims case
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 […]
Judges as gatekeepers of expert evidence
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 […]
Top 10 business decisions of 2023, Part II – and the Law Firm Players
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 […]
Top 10 business decisions of 2023, Part I – and the law firm players
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 […]
Jury providing particulars of findings in med mal cases remains controversial
Mahsa Dabirian This article was created in partnership with Bogoroch & Associates By Julius Melnitzer | December 30, 2023 For some time now, it has been standard practice for judges to instruct Ontario juries to provide particulars or an explanation of their findings on standard of care and causation in medical malpractice and other professional negligence […]