Overview In its groundbreaking decision in Morguard Investments Ltd. v. De Savoye, [1990] 3 S.C.R. 1077 on the enforcement of interprovincial judgments, the Supreme Court of Canada emphasized the need for “order and fairness” in the assumption of jurisdiction over a defendant resident outside the jurisdiction. The court held that there must be a “real and […]
Jurisdiction in Tort Actions After The Muscutt Quintet Read More »
Overview The Simplified Procedure provided for in Rule 76 of the Rules of Civil Procedure was introduced into our litigation system in 1996 and expanded in 2002 to encompass claims for up to $50,000.00. The purpose of the Simplified Rules is to reduce the procedure and attendant cost associated with such claims and thereby promote
The Simplified Procedure In Long-Term Disability Claims Read More »
The purposes of an examination for discovery have been well described by Mr. Justice Trainor in Ontario Bean Producers Marketing Board v. W.G. Thompson & Sons (1981), 32 O.R. (2d) 69 (H.C.J.) as: (1) to enable the examining party to know the opponent’s case; (2) to obtain admissions in order to dispense with formal proof or destroy
Controlling Your Witness And Getting Admissions On Examination For Discovery Read More »
Canadians are justifiably proud of the integrity of their judicial officers. The removal of a Federally appointed Superior Court judge for misconduct is exceedingly rare. There has been only one such instance in Canadian history, dating back to 1967. On December 3, 2008, the Canadian Judicial Council, by a vote of 17-4, decided not to
The Quality of Mercy and the Case of Justice Ted Matlow Read More »
For as long as anyone can remember, judges have had a discretion to strike out a jury where the complexities of the case warrant it, the rationale being that judges are better able by training and experience to understand and process difficult issues. The Administration of Justice Act, 1877, section 255, provided that: “Notwithstanding anything in
Is There a Constitutional Right to a Jury in Civil Cases? Read More »
The purpose of an award of damages in a wrongful dismissal action is to compensate the employee for breach of the implied term of the employment contract to provide reasonable notice of termination. In the seminal case of Bardal v. Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.J.) McRuer, C.J.H.C. set out a list
Damages for Mental Distress in Employment Law Cases after Keays v. Honda Canada Inc. Read More »
Background: Clare had been working for General Motors for 23 years before his termination. The company claimed that he had threated a supervisor after being told that a urine sample he had given was diluted. Clare denied the allegation and asked the Union, Canadian Auto Workers Local 222, to grieve the termination. He communicated frequently
Clare’s Case: Labour Law, Duty of Fair Representation and Ontario Labour Relations Board Read More »
Background: Heather suffered serious medical problems from mould and other toxins present in Government owned housing in which she resided in the 1980’s. She hired a law firm to represent her in the proceeding. Unfortunately, they failed to take action within the limitation period for doing so, with the result that Heather had to seek
Heather’s Case: Appeals, Civil Litigation, Personal Injury and Rules of Civil Procedure Read More »
Background: F.A. worked in a medical facility with a much younger female co-worker. There was flirting between them. They went out together one evening, meeting up in a park and later driving around in F.A.’s car. He said he had a surprise for her at the office so they parked close by. Instead of going
F.A.’s Case: Criminal Law, Appeals, Sexual Assault and Ineffective Assistance of Counsel Read More »
Background: Patrizia was driving to work early on a snowy morning in April. The roads in Milton were snow covered and slippery. Weather forecasts from the day before predicted an 80% chance of snow, yet the Town of Milton had not scheduled an evening patrol to monitor the roads and clear the snow. Tragically, as
Patrizia’s Case: Appeals, Civil Litigation, Negligence and Minimum Maintenance Standards Read More »
