In Robertson v. Ontario, Justice Belobaba of the Ontario Superior Court of Justice recently certified a class proceeding against the Ontario Minister of Long-Term Care (MLTC). The case relates to the deaths or serious illness due to COVID-19 of thousands of residents in provincially regulated long-term care (LTC) homes. Although the class proceeding was certified,…
Practice Area: Litigation
Ontario Superior Court Confirms Presumptive Requirement for Statement of Defence Prior to Certification Motion
In Richard v. The Attorney General of Canada, the Ontario Superior Court recently confirmed that a defendant in an Ontario class proceeding is required to file a Statement of Defence pre-certification and in accordance with the Rules of Civil Procedure, absent special circumstances justifying a deferral. The proposed class proceeding in this case centered on…
Plaintiffs’ Motion to Discontinue Proposed Overtime Class Action Granted
This post relates to an important procedural aspect of the class proceedings regime. In Somani v. International Financial Group Ltd., the Ontario Superior Court of Justice granted the plaintiffs’ motion to discontinue a proposed class action related to allegedly unpaid overtime, vacation, public holiday and premium pay. After commencing the claim, issues arose with the…
Appellate Court Finds Database Defendants not Liable for Tort of Intrusion upon Seclusion where Personal Information “Hacked” by Third Parties
In a trio of cases, the Ontario Court of Appeal recently held that a claim for the tort of intrusion upon seclusion does not apply to companies who store personal information for commercial use (the “Database Defendants”) when those databases are hacked by third parties. Background In June 2022, the Court of Appeal heard three…
British Columbia Court of Appeal Finds Canada Emergency Response Benefit Not Deductible from Wrongful Dismissal Damages
On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the Canada Emergency Response Benefit (CERB) should not be deducted from wrongful dismissal damages. The Court of Appeal held that broader policy considerations,…
Represented an individual officer and corporation in a claim for intentional infliction of mental suffering, harassment and human rights violations.
Represented an individual officer and corporation in a claim for intentional infliction of mental suffering, harassment and human rights violations.
Represented multiple directors in complex litigation which involved multiple motions from both parties and included claims of defamation, tort of intentional interference with contractual relations, reprisal and wrongful dismissal.
Represented multiple directors in complex litigation which involved multiple motions from both parties and included claims of defamation, tort of intentional interference with contractual relations, reprisal and wrongful dismissal.
Represented directors and officers in a proposed misclassification class proceeding.
Represented directors and officers in a proposed misclassification class proceeding.
Represented the employer and multiple directors in complex litigation cases involving constructive dismissal and oppression claims.
Represented the employer and multiple directors in complex litigation cases involving constructive dismissal and oppression claims.
Represented third parties in a personal injury file with a D&O negligence claim.
Represented third parties in a personal injury file with a D&O negligence claim.