ArticleNotice For Frustrated Cross-ExaminersAll too often, affidavits for motions or applications are sworn by lawyers or law clerks based on information from others.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleNuff Said: Rejecting The Call For A Right Of Written Reply In Appellate AdvocacyIn 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.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleOntario Court Of Appeal Upholds Decision In Chippewas Of Saugeen First Nation CaseIn 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. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleQuantifying Discretion In Costs And Fee ApprovalsWhen a class action settles, a motion is brought to approve the settlement. CanadaLitigation, Mediation & ArbitrationLerners LLP
Article"Sixties’ Scoop" Class Action CertifiedBetween 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.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleSLAPPing Out "Gag Proceedings": Anti-SLAPP Legislation Comes Into Force In OntarioOn November 3, 2015, the Protection of Public Participation Act, 2015 (the "PPPA") received Royal Assent and came into force. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleSpring Safety Tips For Walkers, Riders And DriversSpring has sprung and with the appearance of good weather comes an increase in foot and bicycle traffic along roadways. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleTechnological Innovation Brings Both Promise And PerilOver 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.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleThe Risk Of Self-Incrimination In Cross-Border Disputes: The Mutual Legal Assistance In Criminal Matters Act (527)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"). CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleThe Tail Won’t Wag The Dog: Ontario Court Of Appeal Declines Jurisdiction Over Securites Misrepresentation Case Outside CanadaThe 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 580CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleThird Party Funding Approved To Protect Class Action Plaintiffs Against Adverse CostsIn 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. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleWhat Defences May Apply To A Sexual Assault Claim? - Part 1This is the first of a two-part series on defences in claims for compensation based on sexual abuse.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleWhat Defences May Apply To A Sexual Assault Claim? – Part 1This is the first of a two part series on defences in claims for compensation based on sexual abuse.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleThe Alarming Costs Of A Data BreachPeople have no trouble walking away from a business when they feel that their personal information isn't adequately protected. CanadaPrivacyLerners LLP
ArticleBetter With Age: Purchasing A Property With A Legal Non-Conforming UseProperties with legal non‑conforming ("grandfathered") uses often come with unique considerations, particularly when municipal zoning shifts. CanadaReal Estate and ConstructionLerners LLP
ArticleRegistering A Construction Lien Against Multiple Lots In A SubdivisionThe Ontario Construction Lien Act allows lien claimants to register a single construction lien against more than one lot or property in certain circumstances. CanadaReal Estate and ConstructionLerners LLP
ArticleWater Heater Rentals – Your Rights Under The Consumer Protection Act, 2002Purchasing a home is a big investment and involves many responsibilities. CanadaReal Estate and ConstructionLerners LLP
ArticleOntario Court Of Appeal's Pivot On Property Tax Exemptions: Stamford KiwanisMunicipalities across Ontario should take note of a significant recent decision from the Ontario Court of Appeal that reshapes how tax exemptions for charitable...CanadaTaxLerners LLP
ArticleIs It Illegal To Ride A Bike On The Sidewalk In Canada?While the answer to every legal question is not, in fact, "it depends," in this case, it does depend. There are no federal laws respecting bicycle use; however, for adults, the answer is no...CanadaTransportLerners LLP