Practice Area: Litigation

New False Light Privacy Tort Recognized by Ontario Court

· 4 min read

The case of Yenovkian v. Gulian is a significant case that, for the first time in Canada, has recognized a new privacy tort – “publicity placing a person in a false light.” The decision was decided by Justice Kristjanson of the Ontario Superior Court of Justice and released in late 2019. The case arose out…

New Standard of Review for Treatment Capacity Appeals – The Vavilov Effect

· 6 min read

In December 2019, the Supreme Court of Canada established a new framework that is designed to guide courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v Vavilov and the two companion appeals heard together in Bell Canada v Canada (Attorney General) (collectively, Vavilov) represents an express departure and evolution from the framework that the Court set out in previous cases. Consequently, these decisions will affect the standard upon which Consent and Capacity Board (CCB) appeals will be heard by the courts.

Supreme Court of Canada: Work Place Safety Inspections Under Canada Labour Code Only Apply to Work Place Over Which Employer Has Control

· 5 min read

The Supreme Court of Canada has held that an employer’s work place inspection obligations under the Canada Labour Code (Code) only extend to that part of the work place over which it has physical control, and not to locations beyond its control where its employees may be engaged in work. This decision is welcome news for employers that may require employees to work outside of the employer’s physical location.

New Year – New Standard of Review

· 6 min read

Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.

Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights

· 7 min read

Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.

Changes Are Coming to the Justice System in Ontario

· 3 min read

On December 9, 2019, the Ontario government tabled Bill 161, Smarter and Stronger Justice Act, 2019, omnibus legislation that, if passed, would enact significant changes to the justice system through amendments to numerous statutes. Set out below is a brief summary of the notable changes to the Class Proceedings Act, 1992, the Courts of Justice…

FTR Quarterly – Issue 15

· 13 min read

In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!

FTR Quarterly – Issue 14

· 18 min read

In This Issue An Update on Reasonable Notice Periods An Update on Executive Compensation Through the Notice Period Featured Lawyer – Kimberly D. Pepper Featured Topic – Employment Law Featured Articles An Update on Reasonable Notice Periods By: Mitchell R. Smith and Evon Gayle Determining an employee’s reasonable notice upon termination of employment used to…