Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Susan On The Soapbox 2. Pension & Benefits Law 3. Canadian Class Actions Monitor 4. Canadian Appeals Monitor 5. Risk Management & Crisis Response

Susan On The Soapbox
Quick comment on the Illegal Occupation & Blockades

Ms Soapbox is under the weather, as such there will be no blog post today. I expect to be fully functional next week, at least physically. It will take longer than that to restore my mental equilibrium given the ongoing mismanagement of the occupation of Ottawa, the blockade at Coutts, and the apparent inability or unwillingness of the police to disperse the illegal protesters creating havoc in our towns and cities. …

Pension & Benefits Law
Ottawa releases draft legislation to fix contribution errors in defined contribution pension plans

On February 4, 2022, the Department of Finance released for public comment a set of draft legislative proposals to implement previously announced tax measures. You can read Osler’s comprehensive overview of the proposed tax changes. …

Canadian Class Actions Monitor
Class Action Settlement: Are you protected from future claims in overlapping class actions?

Like most corporate commercial litigation, class actions are settled more often than not. Court-approved settlements bind every class member who has not opted out of the proceeding. So what happens when, following settlement, a class member purports to bring a new action concerning the subject matter of the class proceeding? Is the defendant able to quickly and easily put an end to the new action? …

Canadian Appeals Monitor
Exceptional Circumstances: Court of Appeal for British Columbia Finds New Exception to Reasonableness Review

O.K. Industries Ltd. v. District of Highlands (“Highlands”)^[1] marks the first time^[2] a court applied the correctness standard of review to a question falling outside the categorical exceptions established by the Supreme Court of Canada (“SCC”) in Canada (Minister of Citizenship and Immigration) v. Vavilov (“Vavilov”). …

Risk Management & Crisis Response
New emergency measures: implications for financial services providers

In response to the ongoing blockades and protests against pandemic restrictions, on February 14, 2022, the federal government invoked the Emergencies Act for the first time since that legislation was passed in 1985. On February 15, the Proclamation Declaring a Public Emergency was published in the Canada Gazette, along with the Emergency Economic Measures Order, …

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*Randomness here is created by Random.org and its list randomizing function.