Focus On


  • Supreme Court declines leave to appeal in TREB case
    James Musgrove says the SCC ruling in TREB opens up the grounds for abuse of dominance cases and may have broad implications.

    Supreme Court declines leave to appeal in TREB case

    In August, the Supreme Court of Canada dismissed leave to appeal in the case of the Toronto Real Estate Board in its dispute with the competition commisioner, a case that touches on the intersection of competition law and privacy.

  • Injured migrant worker to get partial benefits
    Maryth Yachnin says migrant workers who are injured in Ontario ‘get a fraction of the benefits that Ontario workers get.’

    Injured migrant worker to get partial benefits

    A Jamaican migrant worker who was injured while picking fruit at an Ontario farm will be eligible to receive partial benefits for loss of his earning power, after a decision by the Ontario Workplace Safety and Insurance Appeals Tribunal.

  • Worker wins damages after colleague says racial slur
    Tanya Walker says companies need to take complaints from their employees seriously and investigate issues right away.

    Worker wins damages after colleague says racial slur

    The Human Rights Tribunal of Ontario has ordered a man who used a racial slur to pay $1,000 in damages to a colleague who overheard the comment in a workplace lunchroom.

  • Regulations can’t prevent police racial profiling
    Osborne Barnwell says police officers need to build better relationships with the community to encourage people with information about crimes to come forward.

    Regulations can’t prevent police racial profiling

    Lawyers continue to raise concerns that street checks by police disproportionately impact people from racialized communities, a few months before the scheduled completion of a report about provincial regulations on police checks.

  • Genetic discrimination unclear in provincial law
    Peter Engelmann says it’s unfortunate that bill 164 never became law before the provincial Liberal government dissolved.

    Genetic discrimination unclear in provincial law

    Canadians continue to need greater protection against discrimination on the basis of genetic characteristics, lawyers say.

  • Lawyers favour mediation over litigation: report
    Christine Vanderschoot says the availability of mediators at courthouses helps make it more accessible.

    Lawyers favour mediation over litigation: report

    Ontario family lawyers continue to favour settling disputes through mediation, saying it produces better results for separating couples and their children, as well as saving time and money.

  • Indigenous practices can bolster ADR
    John Brown says the goal of circles in which he participates is to find a solution to child welfare disputes that is in the best interests of the children.

    Indigenous practices can bolster ADR

    Indigenous practices can help resolve family disputes outside of the court system and need to be considered during high-conflict disputes, such as those involving land claims or natural resources, say lawyers and mediators that work with Indigenous communities.

  • Online tribunal underway to help with condo disputes
    Laura Glithero says a newly launched online tribunal offers a cost-effective way to settle disputes.

    Online tribunal underway to help with condo disputes

    Condominium lawyers are waiting to see how the jurisdiction of the online Condominium Authority Tribunal expands, while mediators say online dispute resolution will become more common.

  • New construction adjudication process coming
    Howard Wise says a new adjudication process over payment disputes ‘gives an opportunity to address issues sooner rather than later.’

    New construction adjudication process coming

    Lawyers say the forthcoming adjudication process for Ontario’s construction industry has the potential to resolve payments in a timely fashion, but companies need to start preparing now for the changes.

  • Litigation wages over space between properties
    Roxie Graystone says a recent Court of Appeal decision provides ‘some clarity’ in this area of the law and for other neighbours engaged in shared property disputes.

    Litigation wages over space between properties

    Some of the relevant case law may date back to the mid 19th century or earlier, but even in 2018, there appear to be judicial disagreements about how to apply the legal tests when it comes to litigation between neighbours over whether a prescriptive easement has been established on a space between their properties.

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