Ontario Superior Court Refuses To Certify Proposed Misclassification Overtime Action

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.

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.

The Government of Canada has amended the Physical Activities Regulations, removing certain intraprovincial energy projects and facilities regulated by the Canada Energy Regulator from the federal Impact Assessment Act's Project List. This regulatory change eliminates automatic federal oversight for fossil fuel-fired power plants and specific oil sands facilities, while transferring assessment responsibilities for interprovincial pipelines and transmission lines to the Canada Energy Regulator, potentially re

The BC Court of Appeal has reaffirmed the courts' gatekeeping role at certification, upholding a lower court's refusal to certify a privacy class action where plaintiffs failed to provide any evidentiary basis for their central allegation that shopping mall directory software recorded facial images and converted them into biometric data. This decision clarifies the evidentiary burden required to satisfy the "some basis in fact" standard at the certification stage in British Columbia.

The Government of Canada has introduced new rules governing the second allocation period for electric vehicle imports from China, increasing the available quota to 33,397 vehicles while maintaining strict permit requirements and a first-come, first-served allocation system. Global Affairs Canada signals potential intervention measures to ensure equitable access, particularly for original equipment manufacturers and new market entrants navigating this highly regulated import regime.

The Ontario Court of Appeal has ruled that employees are entitled to continued vesting of RSUs and equity-based compensation during the statutory notice period, striking down forfeiture provisions that attempt to end vesting immediately upon termination. In a landmark decision awarding Dr. Wigdor nearly US$4.7 million in unvested RSUs, the Court clarified that equity compensation constitutes a "term or condition of employment" protected under the Employment Standards Act. What does this mean for employers w

Following the Trump administration's imposition of 50% tariffs on Canadian exports worth C$27.6 billion, Prime Minister Carney has announced comprehensive countermeasures targeting American goods. The Canadian response includes dollar-for-dollar retaliatory tariffs ranging from 15% to 50% on US products, alongside C$7.5 billion in support programs for affected workers and businesses. What relief measures and remission frameworks are available to Canadian importers navigating this escalating trade dispute?

The Bank of Canada (the Bank) has begun to exercise its enforcement powers under the Retail Payment Activities Act (RPAA), publishing its first enforcement decisions involving Notices of Violation against payment service providers (PSPs). Each published enforcement decision to date has involved a zero dollar administrative monetary penalty (AMP).

The Court of Appeal for Ontario has resolved conflicting lower court decisions on employment termination clauses, clarifying when language permitting termination "at any time" or "for any reason" remains enforceable under provincial employment standards legislation. This landmark ruling establishes new interpretive principles that will reshape how courts evaluate the validity of termination provisions in employment agreements across Ontario's non-union workplaces.

This article examines Build Canada Homes' strategic use of the Buy Canadian policy and government lands in addressing Canada's housing challenges. The analysis explores both the implementation of these approaches and the significant critiques and challenges facing BCH and the broader commercial real estate sector.

Change of control provisions are a common feature of commercial leases, yet, in practice, their meaning and operation remain a recurring source of uncertainty.