Mass termination sparks unique class action suit

A class-action lawsuit launched by workers against their former employer breaks new ground on the issue of mass terminations, says Toronto employment lawyer Stephen Moreau. “It’s extremely unusual,” says Moreau, who represents 76 factory workers let go in 2015 when U.S.-based CTS Corp. shut the doors of its Mississauga, Ont. manufacturing plant. He says that […]

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Liability decision a warning to businesses fronting sidewalks

Businesses that open onto city sidewalks should reassess their risk levels after Starbucks was found liable for a woman’s injuries in a fall, says Toronto insurance defence lawyer Heather Vaughan. In its recent decision, the Court of Appeal for Ontario upheld a lower court ruling that found the coffee chain responsible under Ontario’s Occupiers’ Liability

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Court of appeal ruling settles third-party funding issue

A recent Ontario Court of Appeal (OCA) decision settled the issue of whether a judge’s order on a third-party funding agreement is final or interlocutory, says Toronto class-action lawyer Margaret Waddell. “We now have clarity in an area where previously there was no jurisprudence on this particular point, and direction from the court on how to

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Checks needed to ensure impartiality of civil juries

If civil juries are to continue in this age, there must be checks and balances surrounding bias and impartiality, Toronto critical injury lawyer Patrick Brown writes in The Lawyer’s Daily. “What happens at the end of a jury case would not matter so much if we ensured that jurors were screened for bias at the beginning. Unfortunately, in

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Three court rulings provide insight into competing class actions

Three recent decisions — one each from Quebec, Saskatchewan and Ontario — provide guidance about when one court may defer to another in competing class proceedings, Toronto class-action lawyer Margaret Waddell writes in The Lawyer’s Daily. “The predominant concern expressed in each case is that the interests of the class members resident in one province will be adequately

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High-tech world poses a challenge when it comes to civil juries

One of the difficulties with civil trial juries is that it is too costly to ensure jurors are impartial and not accessing information via the internet outside the courtroom, Toronto critical injury lawyer Patrick Brown writes in The Lawyer’s Daily. “With the technical revolution, jurors have the ability to look at any information they like. A few hits

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Police road safety campaign misses the mark: Brown

A new Toronto police campaign aimed at increasing road safety is “disproportionate, and can only be seen as victim-blaming,” Toronto critical injury lawyer and road safety activist Patrick Brown tells the Toronto Star. The police initiative — “Road Safety … It Starts With You” — was coincidentally launched during a spike in traffic deaths. The Star reports that five pedestrians

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All employers in Ontario owe a duty to accommodate

Toronto employment lawyer Stephen Moreau says a recent arbitration ruling provided a “significant win” for his client and sets in motion guidelines established by the Supreme Court of Canada (SCC) on how to treat employees who are suffering from an addiction. Moreau, partner with Cavalluzzo LLP, represented a nurse at the arbitration hearing who was

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Ontario government proposes automated vehicle pilot project

Ontario drivers could soon find themselves travelling next to a car with no one in the driver’s seat. The province’s Liberal government is proposing to change the rules of its 10-year automated vehicle pilot project to allow for driverless testing. Currently, the testing of fully autonomous vehicles is only allowed with a driver behind the

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Tougher distracted driver rules just down the road

In an attempt to rectify the growing issue of distracted driving, the province has pushed for stiffer fines for convicted drivers and will introduce an escalating penalty system which includes licence suspension, Toronto critical injury lawyer Salvatore Shaw says. He says with the advent of new technology, it is easy to see how people may become inattentive

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