In Ahluwalia v. Ahluwalia, 2023 ONCA 476, the Ontario Court of Appeal overturned part of the groundbreaking decision of Justice Mandhane in establishing the tort of family violence. Justice Benotto writing for the Ontario Court of Appeal explained that existing torts adequately address the issue of damages for family harm and that Parliament has not shown an intention to create a new cause of action.

When amending the Divorce Act, Parliament could have revised the legislation to create a new tort, but they did not. Instead Parliament made provisions for fines and contempt orders to address harm suffered . . . [more]

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

1. Jessica McGaw v. Sobeys Capital Inc, 2023 ONSC 6279

[7] While this witness was on the stand, counsel for the Plaintiff searched called up on their computer images of Charles Manson and then huddled together and laughed between themselves. Evidently, counsel were of the view the witness bore some . . . [more]

It has been challenging times for law students these last several years. The current 3L cohort began their studies in the midst of an unprecedented global pandemic and has been attending law school in times of economic uncertainty, technological change and heated world conflicts. Recently, students have been struggling with processing the crisis in the Middle East including the deadly and horrific terror attacks of Hamas on Israeli civilians, its hostage taking, the ensuing devastating Israeli military action and the death of too many Palestinians. Our student communities are suffering. So many of them have friends, relatives and loved ones . . . [more]

Ever have those days where you need a smile? Allow me to introduce you to the Smile File. Throughout our careers we may receive letters of encouragement from peers or mentors; well wishes from clients or appreciation about a job well done; experience career milestones; or receive other electronic or written communications that make us smile. Take these communications, letters, well wishes, and milestones and put them into a file folder that you keep – either electronically or in a drawer – and pull them out on those days that you need a smile. On those days, you’ll be able . . . [more]

This year, I checked an item from my bucket list. I went to Monaco to attend the Formula 1 Grand Prix. For race fans, Monaco does not typically offer the best racing on the calendar (fortunately, this year, it had an exciting ending), but there is an allure that has pulled fans to the Mediterranean for the last 80 years. I bookended the summer with a trip to the Brighton Speedway in eastern Ontario to take in an evening of dirt track racing, including the ever-popular min-van race. You could say the very opposite of Formula 1.

At one extreme, . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

FISCALITÉ : L’article 41 de la Loi concernant principalement la mise en oeuvre de certaines dispositions du discours sur le budget du 10 mars 2020 (projet de loi 82), qui prévoit que les délais de prescription applicables au recouvrement d’une créance fiscale «sont suspendus depuis le 13 mars 2020 jusqu’au . . . [more]

How far does a generic drug maker need to go to exclude liability for inducing patent infringement?

In drug patent cases the product monograph is key in assessing whether inducement exists. In the case of off-label uses, it is customary for a generic drug maker to exclude any references in the innovator’s product monograph that teach the off-label use. How far such edits must go is put in doubt by the Federal Court of Appeal decision in Apotex Inc. v. Janssen Inc., 2023 FCA 220.

The test for a finding of inducing infringement was confirmed by the Federal Court . . . [more]

Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.

The Ontario Superior Court of Justice just dismissed two actions regarding claims under the Workplace Safety and Insurance Act. The Court confirmed the decision of the Vice-Chair of the Workplace Safety and Insurance Appeals Tribunal, and similarly concluded that D lost her right of action under the Workplace Safety and Insurance Act. Additionally, D’s family member also lost her right of action under the Family Law Act, as this claim was derivative in nature and dependent on D’s claim. The Court made a strong comment about . . . [more]

Contrary to popular belief (i.e., that of my closest friends and family), a lot of people care about the McGill Guide. This is evidenced by the many tweets, blog posts, and articles that refer to the Guide. As the Citations Editor of the 10th edition, I’ve read all of them. While I found many to be insightful and helped me through the course of my mandate, I noticed something: few seemed to understand the actual process behind writing the McGill Guide. This article aims to fill this conceptual void by providing a firsthand account of how the 10th edition was . . . [more]

“You’re a lawyer — you must like arguing!” While this may be true for some lawyers, when it comes to conflict with their closest colleagues, many would rather avoid the pain and discomfort.

Although interpersonal conflict is often thought of as a battle between two people, I have learned that conflict is about tension between people when they differ in beliefs, behaviours, opinions, or values.

Some lawyers will approach the issue with colleagues, senior lawyers, and partners head-on and in doing so deliver what the other person feels as a gut-wrenching blow. Other lawyers are more passive; they either avoid . . . [more]