A "fresh" approach to summary judgment: the Ontario Court of Appeal creates new "full appreciation" test *

Canada - December 12 2011
On December 5, 2011, a five-judge panel of the Ontario Court of Appeal released its decision in Combined Air Mechanical Services Inc v Flesch and provided long-awaited guidance on the scope and effect of the recently amended summary judgment rule (Rule 20 of the Ontario Rules of Civil Procedure – the "Rules").

Co-authors: Brad Hanna.

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The weakest link: Supreme Court of Canada rules against defamation by hyperlink *

Canada - October 26 2011
Internet bloggers and advocates of freedom of expression have reason to celebrate the Supreme Court of Canada's decision in Crookes v. Newton, 2011 SCC 47, which held that merely hyperlinking to defamatory material online, without more, does not constitute publication of that content.

Co-authors: Hilary Clarke.

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Whose bank account is it anyway? A bank's right to close an account against the customer's will *

Canada - June 24 2011
It is not good business for a bank to tell a customer to move its accounts elsewhere, but banks will occasionally do so.

Co-authors: Lisa Brost, Hilary Clarke.

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Canada Consumer Product Safety Act comes into force *

Canada - June 21 2011
On June 20, 2011, the Canada Consumer Product Safety Act (the "CCPSA") came into force, introducing a comprehensive new regulatory regime for consumer product safety in Canada

Co-authors: Lisa Parliament, Teresa Dufort.

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Fund one, fund all - class action funding is open for business in Ontario *

Canada - March 31 2011
A recent decision from the Ontario Superior Court of Justice has ruled for the first time that a third party can fund a plaintiff's class action lawsuit in this province.

Co-authors: Hilary Clarke.

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