Litigation, ADR & Class Actions

All aspects of class action law and practice, as well as jurisprudence and legislation related to dispute resolution, whether it be litigation, arbitration, or mediation in both the domestic and international context, as well as issues surrounding access to justice and the awarding of costs

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Ten key tips: pivoting to a mediation practice

April 7, 2021 | By Rafeena Bacchus, guest contributor In Part I of this series, I provided 10 tips by way of a general roadmap to pivoting a legal career. Here, I will expand on those tips in the context of embarking on a mediation practice. Know your skill set and determine your area of […]

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BARE BONES BRIEFS: OCA boosts prisoners, Divisional Court boots disabled | Condo developers don’t have fiduciary duties | OCA forces OSC to disgorge dilatory transcripts | Best law firm bulletins

By Julius Melnitzer | April 5, 2021 Divisional Court: government has no duty to be competent In dismissing a class action by developmentally disabled adults seeking only what they were due under Ontario law, the Divisional Court confirmed what we already knew: the government of Ontario has no duty to administer its mandates competently. The […]

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Cybersecurity: Nine tips to Mitigate legal and regulatory liability

April 2, 2021 | By Reciprocity Labs staff With technology’s numerous benefits come ever-increasing cybersecurity risks. As hackers devise innovative methods of infiltrating business systems, devastating cyber-attacks have become prevalent. Due diligence and compliance are more important than ever. To be sure, compliance is a challenge for some businesses, but one that fades in the […]

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BARE BONES BRIEFS: U.K. leaves GDPR; Mortgage broker licensing requirements exemptions; Arbitration & the pandemic; EAPO launches pharmaceutical register

By Julius Melnitzer | March 16, 2021 U.K. abandons GDPR U.K. culture secretary Oliver Dowden says the country will strike its own data adequacy agreements with other countries. Although the U.K. has already secured such an agreement, still in draft, with the EU, it does not intend to “copy and paste” the EU’s rulebook, known […]

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Top 10 business decisions of 2020 part two: From termination and tax to good-faith contracts

By Julius Melnitzer | March 12, 2020 This is the second of a two-part series listing the Top 10 Business Decisions in Canada for 2020. The first part dealt with cases ranked 6-10. This article ranks the top five in ascending order. 5. Waksdale v. Swegon North America Inc. 2020 ONCA 391 Ultimately, Waksdale stands for the proposition that […]

Ontario Superior Court: New twist on class action funding approvals

November 4, 2020 | By Julius Melnitzer Sooner or later, some enterprising lawyer was going to try it on: why not intervene in a funding application brought by counsel competing for carriage of a class action? The scene of the crime was litigation over Ukraine International Airlines (UIL) flight 752. Iran shot the flight down […]

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The Case Doctor: a new legal species

October 19, 2020 | By Julius Melnitzer Richard Shekter of Shekter Legal, a Toronto mediator and arbitrator, has put an interesting twist on the notion of a “second opinion”. After 44 years as an all-purpose counsel with a reputation for taking on anything with merit that came through the door, he set up shop as […]

Counsel are judge’s “lens”: Ontario Court of Appeal

October 12, 2020 | By Julius Melnitzer Putting forward the evidence isn’t enough: argue your theory at trial if you want to complain on appeal about its treatment. That’s the message from the Ontario Court of Appeal’s recent decision in Becker v. Toronto (City). “The court made it pretty clear that if an issue isn’t […]

Get a leg up on your injury’s worth – – – for free and without a lawyer

September 27, 2020 | By Julius Melnitzer You’re injured in an accident. You’re lost, alone and frustrated, and you’re looking for a lawyer. Michael Zouhri of Edmonton knows how you feel. And that’s why he created PainWorth, free online software touted as ”the world’s first fully-automated app that helps you calculate the potential value of your […]

Federal Court denies feds’ attempt to block its COVID-19 directions

Friday, September 4, 2020 | Julius Melnitzer The Federal Court of Appeal has dismissed the Attorney General of Canada’s attempt to block the court’s practice directions governing the gradual phase-out of COVID-19 suspension periods so far as the directions apply to cases involving the federal government and numerous federal boards, commissions and other tribunals. Characterizing […]

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