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 […]
SCC decision will make it harder for tax evasion across provincial borders
The Supreme Court of Canada’s June judgment in 1068754 Alberta Ltd. v. Québec (Agence de Revenue) means that tax evaders will have no more luck hiding their assets extra-provincially than they currently do internationally. “This was an extraordinary 9-0 decision ensuring tax authorities that they will be able to get information out of any Canadian province just […]
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,” […]
In-house counsel should lead charge against legal aid cuts
The deafening silence from in-house counsel and their professional associations about the Ford government’s $130 million in cuts to Legal Aid Ontario is nothing less than shameful. While it’s true that the Canadian Bar Association (CBA) has launched a social media campaign (#LegalAidMatters) to rally the profession to the cause, and all 13 CBA branch […]
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 […]
B.C. Supreme Court holds non-trustee liable for pension losses
The British Columbia Supreme Court has found that an individual who was the “directing mind of a company,” but not a trustee of its pension plan, was personally liable for a contribution shortfall because he “knowingly assisted” the company in breaches of its fiduciary duties. “The case is a heads-up, especially for small employers, to […]
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 […]
New workplace harassment law will be real ‘game changer’ for employers
Employers will have to completely reassess how they manage harassment and violence in the workplace, costing hundreds of millions All eyes may be on the numerous amendments to the Canada Labour Code (CLC) that take effect on Sept. 1, but their impact on the 18,000 federally regulated employers and 900,000 employees governed by the legislation […]
SNC-Lavalin affair: Jobs over democracy
The “public interest,” it turns out, can be a real threat to democracy. It is, after all, the catchphrase that Prime Minister Justin Trudeau used to justify his contravention of the Conflict of Interest Act by pressuring former Justice Minister Jody Wilson-Raybould to negotiate a deferred prosecution agreement with SNC-Lavalin. The PM’s spin on the whole thing […]
In Callidus Capital, SCC looks at litigation funding
With the Supreme Court of Canada’s decision to hear the appeal in 9354-9186 Québec inc., et al. v. Callidus Capital Corporation 2018 QCCA 632, litigation funding will for the first time be front and centre at the high court. And because it arises in the context of a Companies’ Creditors Arrangement Act proceeding, the decision will be particularly significant […]