A recent Supreme Court of British Columbia decision reveals that an award for aggravated and/or punitive damages is not automatic where termination for cause is not justified and upheld by the court. . . . [more]
Archive for ‘Case Comment’
Written by Cristina Lavecchia, paralegal, editor at First Reference
An Applicant recently went before the Human Rights Tribunal of Ontario (Tribunal), alleging that the Respondent failed to pay settlement monies owed to him per the schedule agreed to in Minutes of Settlement. The Applicant sought full payment of the general damages amount agreed to in the settlement and a further $1,000 for the harm caused by the breach. Although the Tribunal found there to be a contravention of settlement, it deemed that the delay in receiving the monies was relatively minor, and therefore an award of compensation was not warranted. . . . [more]
A man was injured driving a go-kart at a track in Saskatchewan. He sued the owners of the track. The owners moved to dismiss the action because the plaintiff had waived their liability on an electronic form. The plaintiff argued that it was not clear that he had signed the waiver. Held: for the owners.
Quilichini v Wilson’s Greenhouse, 2017 SKQB 10 (CanLII)
The court considered SK’s Electronic Documents and Information Act, which implements the Uniform Electronic Commerce Act. The court properly (in my view) looked at s. 18 of the Act (s. 20 of the Uniform Act) . . . [more]
This post contains some parting, case-specific, comments on Canadian common law judicial reasoning for interested Canadian lawyers (or those interested for other reasons) to ponder, related to a few Canadian reasons for judgment delivered late in 2016.
It’s not my job or real concern any more, unless it’s at a friend’s request or for other good reason. Whether it ought to remain any part of my concern is something I don’t plan to ponder very much in 2017. If I do, though, it’ll be only after I’ve had much Macallan 25, or the equivalent, at somebody else’s expense and as . . . [more]
New Brunswick drivers are required by the Motor Vehicle Act to carry with them or in their vehicle a card issued by their insurer in a form approved by the government. A motorist who was asked for the card produced an image of a genuine card on her mobile phone. The New Brunswick Court of Queen’s Bench recently held that the image was not good enough. R v Albert, 2016 NBQB 154.
At a first trial before a provincial court judge, the court held that the phone display satisfied the demand to show the “card”.
The Crown . . . [more]
Written by Cristina Lavecchia, Editor, First Reference
The Ontario Labour Relations Board (OLRB) recently dismissed an application where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work. Why? The employee did not have the right to delay the employer’s investigation of her work refusal, to wait until her preferred union representative completed a personal matter and attended at the workplace. . . . [more]
In what very well might be a record for living rent free, a recent case illustrates how a tenant was able to live rent-free for over 18 months despite agreeing to an Order requiring him to vacate the unit.
The tenant stopped paying rent as of April 1, 2015. The landlord took steps to evict and on June 25, 2015, the landlord agreed to waive all rent arrears and fees owing by the tenant to the landlord up to June 30, 2015 in exchange for the tenant agreeing to an Order ending his tenancy and evicting him for non-payment of . . . [more]
Two recent SCJ decisions are, in my view, examples of counsel failing in different aspects of their duty to the court and, as such impeding, or at least not assisting, the judge in the proper administration of justice.
Others (who are practising lawyers, I suspect) may have different views on whether the counsel involved in these cases did anything they ought not to have done or did not do something they ought to have done. If you do, perhaps you should take a few moments to consider why you you disagree and respond.
I am not going to discuss the . . . [more]
Written by Cristina Lavecchia, paralegal, Editor, First Reference
In a recent decision (Misetich v. Value Village Stores Inc.), the Human Rights Tribunal of Ontario (the Tribunal) questioned the value of various past case laws that have introduced and applied different tests for family status discrimination, including the Johnstone test. More specifically, the Tribunal disapproved of the existence of distinct “tests” for establishing family status discrimination. . . . [more]
In a rather unusual case, an Ontario Superior Court judge has set aside a default judgment that was obtained at an uncontested trial where the defendant intentionally decided not to show up.
In September, 2015 the lawsuit was set down for trial for the week of April 18, 2016. In the first week of March, 2016, the defendant’s lawyer informed her that they would not represent her at trial and the defendant signed a Notice of Intention to Act in Person shortly thereafter.
The defendant tried to obtain new counsel without success from March 4 to March 18. She then . . . [more]
The great passion of Canadian law is standard of review. Judging by last week’s 5:4 decision in Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47, we can’t get enough litigation and case law on the subject.
First, a note about the style of cause, which is determined by the vagaries of court practices. The order of the parties should really be reversed, because it was Edmonton East (Capilano) Shopping Centres Ltd. (the “Company”) that started the case by filing a complaint with the Assessment Review Board (the “Board”) for the City of Edmonton (the . . . [more]
The bar has often lamented the lack of “plain language” by the bench, a necessary prerequisite for transparency and open access to the public.
At times, the need for this approach has been criticized as overlooking the needs of the parties. Sometimes, like in the Meads case, this approach is intended to address broader, systemic problems. As I told Canadian Lawyer Magazine a few years ago,
. . . [more]
“I think the fact that the judge even made this ruling suggests how big a problem it is,” says Toronto lawyer Omar Ha-Redeye. “This is a hot issue. Family law is in crisis