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Fasken | Canada | 26 Feb 2020
Employees' right to sue for constructive dismissal
Employees should be treated with Dignity and respect. Accordingly, employers risk breaching an employment contract by condoning harassment in the
McMillan LLP | Canada | 20 Feb 2020
An Unsigned Certificate Remains a Fatal Franchise Disclosure Document Flaw in a Post-Raibex World
The recent Ontario Superior Court decision in 2483038 Ontario Inc. v. 2082100 Ontario Inc. (“Fit for Life”) confirms that an unsigned certificate
McMillan LLP | Canada | 13 Feb 2020
Trademark (not) Assigned
The recent Ontario Superior Court decision in Bridging Income Fund provides a good reminder that an executed assignment document is not necessarily
Littler LLP | Canada | 13 Feb 2020
Ontario, Canada: New “False Light” Privacy Tort and How It Might Impact Employers
Yenovkian v. Gulian, 2019 ONSC 7279 is a recent Family Law decision that is significant beyond the Family Law context, including in the employment
Aird & Berlis LLP | Aird & McBurney LP | Canada | 13 Feb 2020
Ontario Court Revisits Issue of Landlord Drawing on a Letter of Credit in Excess of BIA Preferred Claim
In 7636156 Canada Inc. v. OMERS Realty Corporation (“7636156 v. OMERS”), the Ontario Superior Court of Justice (Commercial List) (the “Court”) held
Borden Ladner Gervais LLP | Canada | 6 Feb 2020
The Parameters of Pre-Certification Document Discovery Cannot be Circumvented through an Improper Request to Inspect Documents
Ontario’s class actions law requires that the focus of criteria for certification involve documentary and oral discovery pre-certification. The onus
McCarthy Tétrault LLP | Russia, Canada | 5 Feb 2020
A Divided Court: ONSC Sets Stage for Ruling on Admissibility of New Expert Evidence on Appeals from UNCITRAL Arbitrations
While useful in its affirmation that an expert’s repeated use by affiliated parties and the expert’s ascension to becoming the “go to guy” is not
Sotos LLP | Canada | 3 Feb 2020
Raibex Revisited: A deficient certificate is still a fatal flaw, new law on “franchisor’s associates”
The Ontario Superior Court of Justice has just released its latest decision concerning statutory rescission pursuant Section 6(2) of the Wishart Act
Borden Ladner Gervais LLP | Canada | 29 Jan 2020
The clearer the better: Waiver’s unclear indemnity is not enforceable
In McCallum v. Jackson, 2019 ONSC 7077 the Court considered the issue of whether the language of an indemnity provision in a waiver was clear enough
Borden Ladner Gervais LLP | Canada | 29 Jan 2020
The clearer the better: Child's waiver does not bar parent's suit
In Paksa v. Ontario Gymnastics, 2019 ONSC 7019 (Paksa), a summary judgment motion brought by the defendant, the Court considered whether a waiver
