Focus On

  • Damages awarded in racial profiling case

    A ruling in a civil damages case awarding $80,000 to a man racially profiled by a Toronto police officer is believed to be the largest of its kind so far in Ontario. Lawyers say the ruling in Elmardy v. Toronto Police Services Board 2017 will have important effects on how damages are sought in relation to racial profiling by police.

  • Challenges launched over disability benefit rate

    Legal clinics have launched human rights challenges regarding the disability benefit rate two clients are receiving. The challenges relate to the monthly amount received by two disabled men who get both their meals and room from their landlord through the Ontario Disability Support Program.

  • Winnipeg Royal Ballet class action underway

    In a recent class action filed against the Winnipeg Royal Ballet, former students are asserting claims based upon breach of privacy in relation to intimate photos taken by an instructor and then posted online.

  • Arrangement examined

    The newest player in the Ontario litigation funding market has just presented its unique funding arrangement for approval in a class action for the first time. In the case of Houle v. St Jude Medical Inc, which addresses the marketing of deficient defibrillators, the third-party funder, Bentham Canada, has put its arrangement on the Ontario Superior Court’s table.

  • ‘Excessive overpleading’ attracts cost consequences

    As the risk of unsuccessful certification applications diminishes, Ontario courts are coming down hard on the practice of overpleading, saying it is unnecessary and wasteful, and leveraging cost consequences to emphasize the point.

  • Public law class actions pose special challenges

    Launching class actions against the government and its institutions requires a different set of strategies from class actions against private entities. Lawyers are educating themselves on how to tackle a defendant with unlimited resources but a vulnerability to public pressure.

  • Human rights check needed for pension plans

    Female former Mounties bring action over benefits. Pension plan sponsors need to work a human rights check into their compliance reviews, says a Toronto lawyer.

  • Pension sponsors hopeful about new funding framework

    Change anticipated to make plans more affordable. Pension sponsors are cautiously optimistic about Ontario’s new funding framework for defined-benefit plans, according to lawyers in the field.

  • Gaping hole in personal pensions marketplace

    ‘Most lawyers don’t have pension plans’. Jean-Pierre Laporte had barely thought about a pension — either his own or anyone else’s — by the time he was called to the bar at the turn of the century.

  • Ruling on CPP a win for accident victims

    A Supreme Court of Canada decision that ruled the Canada Pension Plan is not a policy of insurance is a win for accident victims across the country, says a Toronto lawyer.