Class action by teachers could clarity longstanding debate

A series of recently launched class-action lawsuits may help clarify the long-standing employee/contractor debate, Toronto employment lawyer Stephen Moreau tells the Law Times. Moreau, a partner with Cavalluzzo LLP, says businesses often hire workers under agreements that describe them as independent contractors when, in fact, they are employees under the law. He recently launched a […]

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Important to connect losses to alleged negligence in class actions

A judge’s decision to deny certification of a pharmaceutical class-action lawsuit demonstrates how important it is for plaintiffs to connect losses to alleged negligence, says Toronto class-action lawyer Margaret Waddell. The Ontario Superior Court of Justice dismissed a woman’s class-action certification motion against a manufacturer of an antidepressant drug. This decision is consistent with other class-action rulings that

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Court ruling on waivers doesn’t bode well for public safety

An Ontario Court of Appeal decision upholding a pair of ski resort waivers is a boon for insurers and a bust for public safety, says Toronto critical injury lawyer John McLeish. In the case, a three-judge panel of the province’s top court overturned two lower court judgments that found provisions of Ontario’s Consumer Protection Act (CPA) could be used

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Court ruling provides insight on when an affidavit is needed

A court has provided a helpful primer to lawyers to determine when evidence submitted as part of a motion or application must be made an exhibit to an affidavit, says Toronto class-action lawyer Margaret Waddell. “This decision provides a really good breakdown of what the law is and how people should be applying it,” says Waddell,

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Brown takes up the fight for woman called ‘walking miracle’

If a pedestrian is struck and injured in a motor vehicle crash, the onus is on the person behind the wheel to show they were driving safely, Toronto critical injury lawyer Patrick Brown tells the Toronto Star. “When a vehicle strikes a pedestrian they have to prove they were using reasonable care when operating a vehicle,” says Brown,

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Class action seeks overtime for private school teachers

A proposed class-action lawsuit against a Toronto-based private high school could help clarify the employee/contractor debate, Toronto employment lawyer Stephen Moreau tells the Toronto Star. If certified, the action could include “anywhere from 100 to 200 teachers per year” who have worked at the school since it opened in 2002, says Moreau, a partner with

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When it comes to custody, one size does not fit all

It’s unwise to make presumptions when it comes to deciding what’s best for a child in a custody case, says Toronto family lawyer A. Julia P. Tremain. Tremain, a partner with Waddell Phillips Professional Corporation, says there are no absolutes when it comes to issues such as shared parenting. “It’s not one-size-fits-all because every family

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Federal government’s new auto recall powers have potential

The federal government’s new powers to proactively issue motor vehicle recalls is a step in the right direction, Toronto critical injury lawyer Dale Orlando tells The Lawyer’s Daily. The Strengthening Motor Vehicle Safety for Canadians Act, the article notes, “provides the federal transport minister with the power to order car companies to recall a vehicle to correct a defect, conduct tests

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The when, why and how of bifurcation

Despite a recent amendment to the Rules of Civil Procedure directing the court to expressly provide for bifurcation, the availability of separate hearings in motor vehicle cases remains the exception, rather than the norm, says Toronto critical injury lawyer Salvatore Shaw. Shaw, partner with McLeish Orlando LLP, recently spoke at The Oatley McLeish Lecture Series: Guide to Motor Vehicle

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Spilled coffee case shows that employees and employers face risks

The Ontario Court of Appeal (OCA) has set the record straight in ruling that employees may be personally liable for their own negligent conduct while carrying out duties in the course of their employment, says insurance defence lawyer Heather Vaughan. The ruling “is also a reminder that the employer will generally be found liable for

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