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Overtime Class Actions Revisited

On June 25, 2009, I reported on the decision in Fresco v. Canadian Imperial Bank of Commerce, in which a Superior Court judge refused to certify a class action for employees of CIBC claiming overtime pay. The issue has now been revisited in a proposed class action brought by employees of Scotiabank. In his decision

Some Comments Regarding Bias

In an interesting decision released March 16, 2010, Law Society of Upper Canada v. Neinstein, 2010 ONCA 193, the Court of Appeal for Ontario had occasion to consider the importance of reasons for judgment given by an administrative tribunal. The case arose out of allegations that lawyer Gary Neinstein had sex with a client and

A Cheap Shot

An advertisement by a group calling itself Keep America Safe has caused an uproar in the close knit ranks of the conservative legal community in the United States. Keep America Safe was started by Elizabeth Cheney, daughter of former Vice-President Dick Cheney, and commentator William Kristol. The ad takes aim at lawyers in the Obama

A Debate Between Colleagues

In the most recent edition of the Criminal Lawyers Association Newsletter, there is a reprint of the speech given by Mr. Justice Marc Rosenberg of the Ontario Court of Appeal on his receipt of the prestigious Martin Criminal Justice Award. Justice Rosenberg was a distinguished member of the criminal defence bar before his appointment to

The Jurisdiction of Ontario Courts

On February 2, 2010, the Court of Appeal for Ontario released decisions involving the jurisdiction of Ontario Courts for accidents occurring outside the Province. The decisions in Van Breda v. Village Resorts Limited and Charron v. Bel Air Travel Group Ltd., 2010 ONCA 84, involved a serious accident and death while the Plaintiffs were vacationing