News & Analysis

OCA orders new trial for accused whose lawyer ‘conscripted him into assisting his own prosecution’

The Ontario Court of Appeal said counsel’s incompetence was ‘pervasive.’ By Julius Melnitzer | December 31, 2022 The Ontario Court of Appeal has ordered a new trial for an accused whose lawyer, Toronto’s Janice R. Johnson, a 35-year veteran of the criminal bar, “conscripted [him] into assisting his own prosecution.” The OCA’s reasons are damning. […]

Court awards 24 months’ notice to Air Canada employee terminated as part of COVID layoff

George Avraam says the high-end award is consistent with COVID-related wrongful dismissal jurisprudence. By Julius Melnitzer | December 29, 2022 In a judgment that amounts to a handbook for employers and employers involved in COVID-based terminations, the Ontario Superior Court has awarded 24 months’ notice to an Air Canada employee with 23.5 years’ service laid […]

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders

Craig Lockwood says the trilogy did not diminish privacy interests By Julius Melnitzer | December 19, 2022 The lawyer for one of the plaintiffs involved in the Ontario Court of Appeal’s recent refusal to expand the tort of intrusion upon seclusion to defendants who fail to adequately protect personal information collected and stored for commercial purposes […]

Estate freeze strategies come with many potential pitfalls

David Rotfleisch says estate freezes come with pitfalls if not properly executed. By Julius Melniter | December 11, 2022 The ubiquity of estate freezes, which  have long been among the flavours of the day in personal tax planning, can mask their complexity. “Estate freezes are the most basic tax planning technique for entrepreneurs and even non-entrepreneurs, […]

Employer’s prior conduct prohibits pension plan amendments, despite collective agreement terms: Ontario court

A recent Ontario Divisional Court ruling serves as a caution that employers’ prior conduct may prohibit them from amending pension plans even when the collective agreement clearly allows them to do so. “The takeaway from the decision is that employers’ discretion to amend plans will always be subject to labour law principles in cases that […]

Lawyers may ask courts to invalidate their retainer agreements: Ontario Court of Appeal

Gavin MacKenzie says the decision will not lead to lawyers bringing a “flood of applications.” By Julius Melnitzer | December 5, 2022 In a case of first impression, the Ontario Court of Appeal has been asked to strike a written retainer agreement because it was not “fair and reasonable” to the lawyer. But the court declined to […]

Veteran litigator calls for Ontario to reinstitute KC designation

John Campion says that the late AG, Ian Scott, abolished QCs but kept his grandfathered QC when he returned to practice. By Julius Melnitzer | December 2, 2022 A veteran litigator’s call for Ontario to reinstitute the King’s Counsel designation appears to be gaining significant professional support. John Campion, currently a partner at Toronto’s Gardiner […]

iGaming in Ontario off to a slow start, but lawyers say growth potential is significant

Cameron MacDonald By Julius Melnitzer | December 1, 2022 The $6.04 billion in total wagers recorded by iGaming Ontario in its second quarter of operations has been disappointing to some. Still, others say the online market’s potential has yet to materialize. “Some players say these numbers are short of expectations, but we won’t have a […]

Cyber resilience, not just cybersecurity, is the key to managing cyberattacks

Michael Castro says it’s impossible to be totally secure against cyberattacks By Julius Melnitzer | November 28, 2022 Cybersecurity, it turns out, is passé. According to the World Economic Forum, cyber resilience is the new standard. What’s the difference? Cybersecurity is all about foundational security controls. Cyber resilience – which the WEF calls “the defining […]

UK decision may influence Canadian directors’ fiduciary duty regarding creditors

BTI may help courts decide whether directors properly considered creditors, Preet Gill says. By Julius Melnitzer | November 19, 2022 Although the landmark decision of The Supreme Court of the United Kingdom in BTI 2014 LLC v. Sequana SA appears to fly in the face of Canadian law, directors may still feel its impact on the exercise […]

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