Winter is often stressful as many residents attempt to clear the sidewalk in front of their house or business to avoid being sued for an unsuspecting slip or fall. In 2021, the Supreme Court of Canada (“SCC”) settled an ambiguous area of law by extending tort liability to municipalities for improper snow removal. The SCC […]
In an unanimous decision, the Ontario Court of Appeal (“ONCA” or “the Court”) dismissed the Ontario government’s appeal against the $30 million solitary confinement class action. Francis v Ontario 2021 ONCA 197 [Francis] is a significant decision for two reasons. First, the ONCA upheld the motion judge’s finding that placing seriously mentally ill (“SMI”) inmates […]
CONTENT WARNING: Childhood sexual abuse and religious institutions. Newfoundland and Labrador’s Catholic community has been plagued by legacies of sexual abuse and scandal.
Last Monday, the Ontario Court of Appeal (“ONCA”) released two decisions back-to-back involving the Canadian Broadcasting Company’s (CBC) controversial investigative report on the chicken content of chicken sandwiches manufactured by Subway Franchise Systems of Canada Inc. This post focuses on Subway Franchise Systems of Canada Inc. v Canadian Broadcasting Corporation 2021 ONCA 25 [Subway]. The […]
UPDATE: The SCC ruled on this case from the bench, allowing the appeal for the reasons of Justice van Rensburg at the Ontario Court of Appeal. How does a patient who suffered an unforeseen injury during surgery prove that their surgeon was negligent? Can the injury itself provide circumstantial evidence that the standard of care […]
Legislation against strategic lawsuits against public participation [“anti-SLAPP legislation”] is not a blanket legal apparatus. Parties cannot get claims against them dismissed simply because their expressions are in relation to matters of public interest. Lascaris v B’nai Brith Canada, 2019 ONCA 163 [Lascaris] is a case that explores this concept further. Factual Overview The […]
Since their inception in Winnipeg Condominium Corporation No. 36 v. Bird Construction Co., [1995] 1 SCR 85 [Winnipeg Condominium], negligence claims relying on pure economic loss arguments have seldom been successful. The recent case of 1688782 Ontario Inc. v. Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf Foods] was no exception. In a 5-4 split, the Supreme […]
Canadian courts have struggled with whether a "waiver of tort" stands as an independent cause of action for certification under the Class Actions Act, SNL 2001, c C-18.1 [CAA] and other provinces' equivalent acts. A waiver of tort allows the plaintiff to forego damages and seek disgorgement of the defendant's profits from wrongful conduct. Therefore, […]
Does protecting an individual’s freedom of expression supersede protecting those harmed by it? Where does the public interest lie within this analysis? These are the questions that the Supreme Court of Canada (“SCC”) grappled with in the recent decision of Bent v Platnick, 2020 SCC 23 [Platnick], decided alongside 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes]. This […]
The Supreme Court of Canada (“SCC” or “the Court”) in early September released its much-anticipated decisions in 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes] and Bent v Platnick, 2020 SCC 23 [Bent]. In Pointes and Bent, the Court was tasked with interpreting s. 137.1 of the Ontario Courts of Justice Act, […]