In this issue of Raising the Bar, we share 10 tips and best practices to guide employers embarking upon their next trip through the document discovery process in a manner that is not only compliant with their legal obligations, but also controlled, strategic and cost-effective.
Insights
Raising the Bar
This is a time of increased vigilance for inappropriate or unlawful conduct in the workplace, including with respect to sexual harassment and sexual assault. Who can be potentially liable in these situations? Learn more in this Raising the Bar.
Raising the Bar
Raising the Bar – Sixteenth Edition
· 14 min readIn this edition, we bring you quick summaries of key cases relating to limits on partial summary judgment, the importance of pleadings and the issues raised by inadvertent disclosure of privileged documents.
Raising the Bar
Raising the Bar – Fifteenth Edition
· 9 min readIn this issue, we bring you some of our favorite and most practical recent court decisions and share with you a list of key considerations in approaching and negotiating settlements. Chances are that you are working on, or negotiating, a settlement right now, so we encourage you to study our list and feel free to reach out with any questions!
Raising the Bar
Raising the Bar – Fourteenth Edition
· 16 min readIt is finally spring! Apart from the flowers that will be blooming and the warmer winds blowing through, spring brings with it a re-awakening of our thirst for knowledge. Fortunately, the courts have already been busy this year…
Raising the Bar
Raising the Bar – Thirteenth Edition
· 12 min readThe Fall is upon us and, with that, the courts are back in full swing. Although this may mean busy times for you ahead, it also means that we can look forward to interesting decisions from the court on topics that may impact your litigation strategies…
Raising the Bar
Raising the Bar – Twelfth Edition
· 13 min readDear Friends Welcome to the first 2016 issue of Raising the Bar! We are looking forward to a year full of exciting developments in the world of civil litigation. However, before we know where we’re headed, we thought it would be wise to reflect on where we’ve been. Now that the dust has settled, we…
Raising the Bar
Raising the Bar – Eleventh Edition
· 12 min readDear Friends, As we are heading into the busy holiday season, we wanted to give you, our loyal RTB readers, some reading material for any quiet moments that you might be able to steal before the New Year. We are delighted to bring you this newest edition of RTB. In this edition, we bring you…
Raising the Bar
Raising the Bar – Tenth Edition
· 15 min read“Autumn is a second spring when every leaf is a flower.” Albert Camus Dear Readers, Welcome to Fall 2015! We are excited to bring you this latest edition of RTB as you get ready for the changing of the season. In this edition, we have a very interesting collection of decisions that you need to…
FTR Quarterly
2015 Summer Edition
· 1 min readFOCUS ON HUMAN RIGHTS Beyond wrongful dismissal LEGAL DEVELOPMENTS Common pitfalls: use of expert witnesses Class actions beyond certification – the case for defence through trial PROFILE A litigator at heart Download PDF
Raising the Bar
Raising the Bar – Ninth Edition
· 17 min readDear Friends, Welcome to summer! We’re very pleased to bring you this pre-beach edition of Raising the Bar. In this edition, we’ll guide you through important recent decisions on topics ranging from offers to settle, to case management, to costs, to the question of when is enough discovery “enough”. We will also Shine a Light…
Raising the Bar
Raising the Bar – Eighth Edition
· 13 min readDear Readers, With the first big snowfall and the coming of the holiday season, we’re thrilled to bring you the Winter 2014 edition of Raising the Bar. This time, we’re doing something a little different. Rather than our usual format, we’re devoting this entire issue to a topic that clients have been increasingly asking us…
FTR Now
On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…
Case In Point
The Supreme Court of Canada released a significant decision with respect to the s. 5(1)(d) “preferable procedure” criterion for certification of a proposed class action under the Class Proceedings Act, 1992 (“CPA”). The OSC investigated allegations that the appellant implemented measures that reduced, but failed to negate, harm associated with certain market timing activities engaged in by…
Raising the Bar
Raising the Bar – Seventh Edition
· 13 min readWe are very pleased to bring you the final issue of Raising the Bar for 2013. We wish you all the best for the new year and we look forward to keeping you up to date on the latest legal developments in 2014. In this issue, we shine a light on the law of relevance,…
Raising the Bar
Raising the Bar – Sixth Edition
· 18 min read“There are far, far better things ahead than any we leave behind. “ C.S. Lewis Dear Friends, Welcome back from the summer! We hope that all of our readers had a chance to get in some rest and relaxation with friends and family over the past few months, and we are sure that you…
News
In a recent decision, Dimson v. KTI Kanatek Technologies Inc., the Court of Appeal for Ontario found that the termination provision in an employment contract was enforceable and did not violate the Employment Standards Act, 2000 (“ESA”). At issue were the following contract provisions: Section 18 (c) In addition, [the employer] may terminate this Agreement…
Case In Point
The Court of Appeal for Ontario has upheld a motion judge’s finding that a termination provision in an employment contract was not an attempt to contract out of the Employment Standards Act, 2000 (“ESA”). In Dimson v. KTI Kanatek Technologies Inc., the plaintiff had been terminated and in accordance with his employment contract, he was…
FTR Now
On April 23, 2013, the Ontario Divisional Court unanimously dismissed an appeal from a decision of Justice Strathy in which he denied a motion for certification of a proposed class action against CIBC and CIBC World Markets. We summarized the lower court decision in a previous FTR Now. In this FTR Now, we provide an…
FTR Quarterly
2013 Winter Edition
· 1 min readFOCUS ON BARGAINING Hard bargains LEGAL DEVELOPMENTS The OLRB declines to interfere with legitimate subcontractor relationship Employment contracts: how to get it right and help your chance of success PROFILE Quick study Download PDF
Raising the Bar
Raising the Bar – Fifth Edition
· 14 min read“Learn from yesterday, live for today, hope for tomorrow.” Albert Einstein Dear Friends, We’re very pleased to bring you the first 2013 edition of Raising the Bar, as our publication hits its second year. In this issue, we shine a light on the law of fiduciary duties. We discuss…
Raising the Bar
Raising the Bar – Fourth Edition
· 17 min read“I’m so glad I live in a world where there are Octobers.” L.M. Montgomery Dear Friends, We are pleased to provide you with the fourth issue of Raising the Bar. Our batteries are recharged following a summer break, and we are ready for autumn! In this issue, we share with you recent decisions that you…
FTR Now
Overtime Class Action Update
· 5 min readOn June 26, 2012, the Court of Appeal for Ontario released three decisions in proposed overtime class actions in the latest development respecting claims for overtime by current and former employees. This FTR Now discusses these decisions. The first two cases were heard by the Court of Appeal consecutively and involve proposed class proceedings against…
Raising the Bar
Raising the Bar – Third Edition
· 14 min readDear Friends, We are pleased to provide you with the third issue of Raising the Bar, just in time for your dockside or patio summer reading. In this issue, we share with you some of the key cases from the Ontario courts in the past few months in the context of summary judgment motions. These…
Raising the Bar
Raising the Bar – Second Edition
· 15 min readDear Friends, Spring has arrived, and with the changing of the season, what better time for us to deliver our second issue of Raising the Bar! We hope that this issue will invigorate your mind and spark your interest with fresh and noteworthy developments from the courts. This issue will “shine a light” on expert…
Raising the Bar
Raising the Bar – First Edition
· 12 min readOn behalf of the Litigation Practice Group at Hicks Morley, we are delighted to introduce the inaugural issue of Raising the Bar. Our goal is to provide you with timely information and analysis about the key litigation-related legal developments that will have an impact on employers. Our focus is squarely on giving you the practical…