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The Supreme Court recently provided much-needed clarification on the availability of judicial review when there is a statutory right of appeal.

In two recent decisions, Fantl v. Transamerica Life Canada, 2013 ONSC 5198 (CanLII) ("Fantl") and Kang v. Sun Life Assurance Company of Canada, 2013 ONSC 4800 (CanLII), Justice Perell awarded costs in the cause for motions under the Class Proceedings Act, 1992 ("CPA") where he found that success was divided.

Death and taxes are usually seen as inevitable. Any exemptions from taxation are highly sought after with even religious organizations aggressively seeking to claim and maintain exempt status.

Second, it encourages the bar to take on the defence of such actions even if the defendant will not likely be able to pay for them.

All too often, affidavits for motions or applications are sworn by lawyers or law clerks based on information from others.

In a recent Court of Appeal for Ontario motion decision in Goberdahn v Knights of Columbus, 2023 ONCA 269, Justice Nordheimer dismissed a request for leave to file a five-page reply factum.

The proposal recognizes that winning a judgment should not be the easy part, while collecting on it is slow, costly, and uncertain.

In a recent ruling, the Ontario Court of Appeal upheld a lower court's decision in Chippewas of Saugeen First Nation v. South Bruce Peninsula (Town), [2024] O.J. No. 5607, a case that addresses key issues in the interpretation and application of Indigenous treaties.

When a class action settles, a motion is brought to approve the settlement.

Between December 1, 1965 and December 31, 1984, Ontario welfare authorities, empowered by the Federal Crown, removed thousands of aboriginal children from their families and communities and placed them in non-aboriginal homes.

On November 3, 2015, the Protection of Public Participation Act, 2015 (the "PPPA") received Royal Assent and came into force.

Spring has sprung and with the appearance of good weather comes an increase in foot and bicycle traffic along roadways.

Over the course of my 30+ years as a personal injury lawyer, I have witnessed a sobering pattern: every new technology creates new ways for people to get injured.

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 ("Clark"), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the "Act").

The Ontario Court of Appeal has called on judges to show restraint in assuming jurisdiction over securities trading on foreign exchanges, in its recent decision Kaynes v BP, PLC, 2014 ONCA 580

In Bayens v. Kinross Gold Corporation, 2013 ONSC 49742, Justice Perell granted an unopposed motion to allow the use of third party litigation funding in an Ontario class action. Trustees of the Musician’s Fund of Canada brought a securities market misrepresentation claim against the Kinross Gold Corporation and its directors.

This is the first of a two part series on defences in claims for compensation based on sexual abuse.