The phrase “call an Uber” has become a ubiquitous part of modern parlance, just as the service itself has become a common feature of how people get from point A to point B. The ride-sharing service is now available in hundreds of cities around the world, and has transformed the personal transportation industry. But the […]
Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees. In January 2018, the ONSC released its ruling in the closely watched case Heller v Uber Technologies Inc, 2018 ONSC 718 [Heller]. At issue was whether or not the Plaintiff, David Heller, could commence a […]
This post discusses the constitutional challenge recently brought by sexual assault complainant Ava Williams against the London, ON Police Services (“LPS”). The applicant alleges that the police force engaged in gender-based discrimination contrary to Charter section 15 for relying on stereotypes about gender and sexual assault complainants while investigating her case, resulting in her claim […]
On November 4th, the Supreme Court of Canada (“SCC”) heard oral submissions in the case of Douez v Facebook [Douez]. The appellant, Ms. Douez, sought to overturn an unanimous decision of the BC Court of Appeal (2015 BCCA 279) to stay a proposed class action against Facebook on the basis of a forum selection clause […]
It’s not often that nation-wide securities judgments are issued in Canada. Securities regulation in Canada is polycentric in nature, such that each province is governed by its own legislation and securities commission. The Supreme Court of Canada (“SCC”) decision of Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, [Thera] is interesting because – although […]
In early August, the Ontario Divisional Court released its decision in Good v Toronto Police Services Board, 2014 ONSC 4583. These proceedings relate to the G20 summit that was held in Toronto in June of 2010. The summit brought world leaders to the city, but also attracted a number of groups conducting demonstrations, some of […]
Sabina Mexis 9.2720 Normal 0 The final act in an eleven year long class proceeding has concluded with Smith v Inco Ltd, 2013 ONCA 724. The defendant Inco had successfully defended itself against the claim for damages in the class action. Here, it sought to recover legal costs of over $5 million. Inco was awarded a still […]
In Arora v Whirlpool Canada LP, 2013 ONCA 657 [Whirlpool], a decision released by the Ontario Court of Appeal on October 31, 2013, the court upheld the denial of a class action certification claim by the motion judge (2012 ONSC 4642). The claim stemmed from the alleged poor design of front-loading washing machines manufactured by […]
Redefining “child”? In Ivana Levkovic v. Her Majesty the Queen, the Supreme Court will have the opportunity to define or clarify what a “child” is. Although the Criminal Code of Canada has many provisions that criminalize acts against and involving children, it does not explicitly define who can be categorized as such, nor does it […]
Chinese Company Can Be Charged in Case Involving the Deaths of Two Temporary Workers Over the past few years, billions of dollars have been funneled into Alberta’s oil sands. The Chinese, in particular, have a voracious appetite for Canadian natural resources. While most Canadians welcome foreign investors, who inject money into the economy, build infrastructure, […]