Litigation continues across Canada for businesses that suffered severe monetary losses due to pandemic-related service interruptions. There are numerous class action lawsuits in progress against various insurers which have, to date, refused coverage for losses due to government-mandated business closures. In June, we wrote about a case that provided some hope for businesses looking to […]
Category Archives: Litigation & the Law
Ontario Residents Targeted in Cryptocurrency Scams
Phone and email-based fraud has long been an issue in Canada, with targets commonly being duped into sending cash or even gift cards to fraudsters, usually online. However, scams are now moving into the cryptocurrency realm, with cryptocurrency ATMs publicly available throughout Ontario. According to the RCMP, cryptocurrency fraud went up by more than 400% […]
Canadian Provinces at Odds Over Jury Vaccination Mandates
Vaccination mandates have been making headlines for weeks, especially since the provincial government announced on September 22 that Ontario residents must have proof of vaccination to access gyms, movie theatres, concerts, or dine-in restaurants. More recently, there have been conversations about whether people should be able to serve on juries if they are not fully […]
Security for Costs and Class Action Proceedings
Security for costs is commonly requested in litigation matters, particularly before proceeding to an appeal. If the defendant in a matter has been awarded costs at a previous step in the litigation process that remain largely unpaid, they are permitted to request an order that the plaintiff must post security for the amount owed before […]
Court Finds Director of Corporation Liable for Litigation Abuses
When a corporation is a party to litigation, the risk of a finding of liability or an award of costs generally does not follow the directors or corporate principals in their personal capacity. Corporate officers are commonly shielded from personal liability in corporate actions. However, this protection is not absolute, and courts have jurisdiction to […]
Unconscionability & Arbitration in the Wake of Uber v. Heller
Late last year the Supreme Court of Canada released a decision in Uber Technologies Inc. v. Heller in which one party challenged the enforceability of an arbitration clause in a standard form services agreement. In that case, the Court found the clause unconscionable and unenforceable, leading some to conclude that the case marked a new […]
Justice Delayed is Justice Denied: Adjournment of Hearings
Legal proceedings take a great deal of time, effort and expense from all involved to get their matter to the adjudication stage. Having set a date for the hearing, it is assumed that this will motivate the parties to be ready on that date. The administration of justice wants to see matters move along as […]
The Temporal Aspect of Causation in a Negligence Claim
Last week, we discussed a case in which a man brought a claim against a municipality for damages suffered after he was assaulted in a municipal parking garage. Ultimately, the municipality was found not liable in the matter, which we will discuss in greater detail below. In the previous post, we addressed the impact of […]
How the Duty to Resolve or Simplify Can Affect Costs
The Ontario Rules of Civil Procedure (the “Rules“) dealing with the assessment and award of costs following litigation are designed to advance several purposes in the administration of justice. To indemnify successful litigants. That purpose is evident and leads to the second purpose; To facilitate access to justice. Rules regarding the assessment of costs are also […]
Objections to, and the Assumption of, Forum Conveniens or Non-Conveniens
There are many aspects of litigation to consider when bringing a claim, but perhaps first and foremost is where to bring the claim. It may seem obvious in most cases, but litigants are not always located in the same geographic area. Further, the issue in question might have occurred in a location where neither party […]