Lerners Appeals Netletter Video Companion - September 2014

This weekly summary provides comprehensive analysis of civil law decisions from the Ontario Court of Appeal for August 31 to September 4, 2026. The featured cases examine critical issues including distribution orders in investment fraud cases, purchase money resulting trusts, and the enforceability of temporary lay-off clauses in employment agreements.

Many people delay taking legal action after an assault because of trauma, fear, ongoing criminal proceedings, or simply not knowing their legal rights. Understanding the limitation period for assault claims in British Columbia is essential if you’re considering seeking compensation through a civil lawsuit

An Ontario court ruled that arbitration agreements containing "final and binding" language may prevent parties from appealing legal errors made by arbitrators. The decision examines how a $3 million construction dispute was resolved through arbitration, and why the losing party could not challenge the arbitrator's legal mistakes despite their significant financial impact.

The recent breakdown of Canada-US trade talks and the tariff measures that followed have prompted Canadian businesses to reassess how they manage cross-border trade. While higher costs may be the most immediate concern, the broader challenge is the unpredictability that cannot be treated as a temporary anomaly.

Sexual assault survivors in Alberta face no time limits when seeking civil compensation, regardless of whether the abuse occurred recently or decades ago. Understanding your legal rights and available remedies can provide a path toward justice and healing, even when criminal proceedings aren't pursued or don't result in charges.

A U.S. appeals court has unanimously overturned certification of a securities class action against Boeing, establishing that plaintiffs must demonstrate a workable, class-wide damages methodology at the certification stage. This decision reinforces heightened standards for class certification that parallel evolving requirements in Canadian securities litigation, where courts increasingly demand concrete evidence and specific liability theories before approving class actions.

A mutual fund dealing representative sued the MFDA and OSC for $47.5 million in damages, alleging intentional torts including conspiracy, abuse of process, and malicious prosecution stemming from a regulatory investigation and enforcement proceedings. The 21-day trial resulted in complete dismissal of all claims, with the court making significant findings on regulatory immunity provisions and the scope of duties owed by securities regulators to regulated persons.

In-house counsel face critical decisions at the outset of internal investigations that determine the credibility and defensibility of the entire process. This guide examines the strategic questions around scope, privilege protection, external support, and documentation that must be addressed early—often under pressure and before the facts are fully known.

For many people in Ontario family court, the first case conference can feel uncertain. You may wonder whether anything meaningful can happen at this early stage, especially if disclosure is missing, support is needed, or temporary arrangements are required. While a case conference is not a trial, it can still be an important step in getting the case organized and moving forward.

The Supreme Court of Canada has delivered a landmark ruling declaring section 66 of the Conflict of Interest Act unconstitutional, fundamentally reshaping the boundaries between legislative authority and judicial oversight of administrative decisions. This unanimous decision addresses longstanding questions about the validity of privative clauses that restrict courts' ability to review findings by Parliament's ethics commissioner.

For many people in Ontario family court, the first case conference can feel uncertain. You may wonder whether anything meaningful can happen at this early stage, especially if disclosure is missing, support is needed, or temporary arrangements are required. While a case conference is not a trial, it can still be an important step in getting the case organized and moving forward.

Selecting the right arbitrator is one of the most important decisions in any commercial dispute. Yet in many Canadian markets, arbitrator vetting and communications remain surprisingly informal. This can create risks that jeopardize the appointment and the process – there may be a later challenge to the arbitrator and/or the final award.

Employment agreements are often treated as risk management tools. Employers rely on them to set workplace expectations and limit liability on termination. But an agreement only serves that purpose if it actually survives judicial scrutiny, and for the past few years, termination clause litigation in Ontario has increasingly turned on whether a court can find some theoretical reading of a clause that would violate the Employment Standards Act, 2000 ("ESA"), even where that plainly is not what the parties meant.

Manufacturing operations face critical vulnerabilities when key suppliers fail unexpectedly. This analysis examines how excessive supplier dependency creates operational risk, explores the warning signs of supply chain exposure, and provides a framework for assessing whether your organization can withstand a sudden supplier disruption.

When a major manufacturer makes an investment of this scale, the business opportunity extends far beyond the four walls of the facility being built. It can create demand across an ecosystem of suppliers, subcontractors, fabricators, automation providers, logistics companies, technical service providers and component manufacturers. But that doesn’t mean it’s an automatic growth opportunity for every supplier.

Manufacturing leaders are accustomed to planning for equipment breakdowns, workforce shortages, cyber incidents, and shifting customer demand. Yet one of the costliest risks tends to build up gradually, outside the four walls of the business itself.

A recent Ontario Court of Appeal decision establishes that restricted stock units (RSUs) constitute a "term or condition of employment" under the Employment Standards Act, potentially entitling terminated employees to continued vesting during their notice period. The ruling in Wigdor v. Facebook Canada Ltd. resulted in a US $4.7 million award and raises critical questions about whether standard forfeiture clauses in RSU agreements can lawfully cut off vesting upon termination.

Choosing the right arbitrator is one of the most consequential decisions in any private arbitration. The arbitrator will manage the process, determine procedural disputes, assess the evidence, and ultimately decide the parties’ dispute.

M&A transactions in manufacturing often overlook a critical risk factor that can undermine projected cost savings and operational efficiencies: workforce management during integration. When key employees depart or disengage after closing, the consequences extend beyond legal liability to affect production, customer relationships, and the fundamental value assumptions that supported the acquisition. Understanding how to identify, evaluate, and strategically manage workforce risk before capital is committed c

The most expensive problem in a facility acquisition rarely surfaces before closing. It shows up months later, when a growth plan stalls because the site cannot support the production, logistics, or customer commitments behind the deal.