High-stakes litigation often involves the use of experts, who are expected under the Rules of Civil Procedure to provide fair, objective and non-partisan evidence to assist the court to determine issues under dispute. These experts are required to limit their evidence to matters within their expertise, and it’s not uncommon to see experts in a wide range of technological, medial, and other areas.

Typically, the opinion evidence provided by an expert evidence must comply with certain requirements under rule 53.03, such as their area of expertise, qualifications and employment, and a review of the basis for which the opinion is . . . [more]

Rideshare companies like Uber have already completely transformed the transportation industry, but they are not without their detractors. As I first mentioned in 2017, a class action launched against the company, and has recently made its way to the Ontario Court of Appeal.

The Superior Court motion decision, summarized on Slaw here, relied on the Arbitration Act, 1991, the International Commercial Arbitration Act, 2017, and case law such as Seidel v. TELUS Communications Inc., Wellman v. TELUS Communications Company, and Douez v. Facebook, Inc., to stay the action in favour of a mandatory . . . [more]

The process of judicial appointments is probably one of the most important ways that the political branch of government affects the judicial branch. In their selection of candidates, a lawyer’s experiences and community involvement certainly should be considered in conjunction with their professional achievements.

The changes to the appointment process, introduced on Oct. 20, 2016, have improved considerably the selection and diversity of these candidates, especially as compared to the track record of the previous government, whose appointments appeared to be primarily based on political patronage and factors related to false estimations of prestige. As a result, 98% of these . . . [more]

Surely the winter holiday season wouldn’t be complete without the annual list of the most viewed cases from CanLII in the prior year. We’re not sure what legal information tidbit would complete other holidays, but we’re open to suggestions. Over recent years we have been averaging over 30,000 site visits per day on CanLII.org, and we are grateful for the ongoing support of the legal community and the trust Canadians place in us for their legal research needs. Interestingly no case released in 2018 made the top ten list. It will remain to be seen if this year has been . . . [more]

The Toronto municipal election earlier this year has attracted nation-wide scrutiny given the changes to council size and invocation of s. 33 in Bill 31. In an election already marred by confusion and uncertainty, there has also been some controversy around the candidates involved. One mayoral candidate, Faith Goldy, who has received a disproportionate amount of attention online, is described by The Globe as “a troubling extremist” and “manipulative monomaniac.” She is generally assumed to reflect the views of the growing “alt-right” across Canada, and as a result, many debate organizers have deliberately excluded her from events. Goldy’s . . . [more]

According to the Ontario Court of Appeal, when the Workplace Safety and Insurance Board (WSIB) charges a worker for “wilfully failing to inform the Board of a material change,” the WSIB must prove a wilful act, and, moreover, that a worker intended to obtain WSIB benefits to which he or she is not entitled to. . . . [more]

On Nov. 21, 2018, Finance Minister Bill Morneau provided the 2018 fiscal update, which includes nearly $600 million in tax credits and incentives over the next 5 years for the media, as well as a temporary tax credit for subscribers to digital news media sites. Non-profit media organizations will be eligible for charitable status and may receive funding from other registered charities. The role of the media within our legal system is emphasized in our constitution. Though commonly referred to as simply “freedom of speech,” the Charter‘s expressive guarantee under s. 2(b) is slightly more refined as,

freedom

. . . [more]

The potential of Online Dispute Resolution (ODR) has long been touted by many of us as part of the solution to the access to justice problem in Canada, especially for low-intensity disputes. The first province to introduce ODR was B.C. in 2012 with the Civil Resolution Tribunal Act (the “Act”), followed soon after by Quebec’s Plateforme d’Aide au Règlement des Litiges en ligne (PARLe). The success of ODR internationally means that it is a question of time as to when it comes to Ontario, especially with the introduction of programs like joint divorce applications online. A few features of the . . . [more]

I had always presumed, erroneously, that all those entering the legal field would have some modicum of interest in public policy, equity issues, and promoting the rule of law. A significant chunk of the profession certainly do share those concerns, even while differing in the positions they may take. But I was bewildered by those I encountered early in my legal education who simply were indifferent towards politics or any legal topic that did not directly impact their professional pursuits. I could only assume that such an existence was a by-product of a lifestyle and existence that was not threatened . . . [more]

Privacy law is the new frontier in personal rights. Although privacy may be “a protean concept” (R v. Tessling, para 25), it is one of the most fundamental issues in a digital era. The lack of statutory development, and the challenges of extending existing statutory frameworks to emerging privacy issues, has forced the courts to develop new rights of action to protect the privacy interests of Canadians. The second of these, the tort of public disclosure of private facts, has a troubled history. Decided on a default judgement, including the setting aside of the decision when . . . [more]

A British Columbia Arbitrator recently held in a preliminary award that an employee who reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs.

What happened?

. . . [more]

The Ontario Superior Court of Justice recently found that the communications and conduct of the employer’s lawyer regarding sexual harassment investigation were not privileged and could be referred to in the employee’s Statement of Claim in the litigation against the employer

What happened?

A long-service employee (employed since 2002), while being placed on a performance improvement plan (PIP), raised allegations that her supervisor was bullying and sexually harassing her. In response, her employer:

• Conducted an investigation but failed to interview the complainant employee during this process;
• Concluded that the claims were unsubstantiated.

. . . [more]