New@SBA.
Zero Pucks Given – A Look at Hockey Litigation in Canada
Hockey is synonymous with life in Canada, making it no surprise that it has been the subject of litigation in the past.
Does the OHRC apply to online pornography?
A recent lawsuit out of New York state against the Canadian company PornHub provides a tongue in cheek reminder to employers that the provision of services in Ontario must not discriminate based on disability.
Top Secret!: Insurers’ reserves and Plaintiffs’ thirst for disclosure
See how this accident benefits insurer successfully defended a plaintiff’s motion to compel it to produce information about its claim reserves.
The Threshold: Nothing Much Has Changed
ONSC: In a threshold motion, the evidence of family members should never be ignored; a clean pre-accident health matters; the ability to work may be irrelevant on a threshold motion; and a court will want to help a likeable and credible plaintiff.
The Altima-te Price For A Privacy Breach
The Superior Court’s decision in Grossman v. Nissan is yet another example of a data breach involving the theft of personal information resulting in a class action.
The Latest Word on Prejudgment Interest
The Court of Appeal has held that the trial judge should have taken into account changes in market interest rates when exercising his discretion to award prejudgment interest of 5%.Judgment varied to prejudgment interest at 1.3%.
Another Privacy Class Action Settlement
Do plaintiffs have to sue in federal court for PIPEDA violations? Maybe not anymore!
Burden of Proof vs. Fraud: Back to Basics
The Court of Appeal has overturned a summary judgment decision in a coverage case, finding the judge reversed the burden of proof and failed to recognize that a trial is required in cases of potential fraud, where credibility is in issue.
Carriage Fights in Privacy Class Actions
Privacy breaches often result in a multiplicity of class actions, across a multiplicity of jurisdictions in Canada, both at the national and the provincial level. How do courts decide which law firm(s) should be granted carriage of the claim?…
Occupiers, Don’t Turn a Blind Eye to Your Tradesperson!
In February 2015, the plaintiff, a 66-year old contractor, fell from a ladder while working at premises leased by the defendant corporation, Crème. The fall resulted in him suffering catastrophic injures and requiring round-the-clock care at a care...