Insider

This digest highlights a recent Ontario Superior Court of Justice decision where the Court dismissed an application to strike the plaintiff’s claim, holding that corporate officers could be separately liable if they engaged in tortious conduct independent of the purposes of the corporation.

In a recent decision, the Ontario Court of Appeal overturned the decision of the trial judge to admit evidence of 50 marijuana plants, holding that the evidence was obtained in a manner that violated the accused's Charter rights and that the breaches were close to "the extreme end of seriousness."

Employee discharged for violation of terms and conditions of employment unilaterally imposed by employer to try and accommodate the employee’s alcoholism

Lilydale Inc. and RWDSU, Local S-955, Re (2015) 2015 CarswellSask 529 Saskatchewan Arbitration

Recent decision in which the judge found that a binding agreement arose from without prejudice negotiations.

In addition to the provincial statutes governing the division of family property on breakdown of marriage, equitable trust principles continue to apply in family law cases. This post explores when unjust enrichment and the presumptions of advancement and resulting trust apply in family law.

This post outlines the general principles of trusts, including: trusts distinguished from other relationships, secret trusts, express trusts, the three certainties, precatory trusts, application of the Statute of Frauds, and the creation of an express trust.

As I listened to [the defendant] attempt to explain his theory I found it hard not to feel that I was being invited on a trip down the rabbit hole:  "When/use a word," Humpty Dumpty said, in rather a scornful tone, "it means just what I choose it to mean - neither more nor less.

This digest highlights a recent British Columbia Court of Appeal decision where the Court dismissed an appeal from an application allowing a director to bring a derivative action, finding that whether the derivative action was in the best interests of the company was a matter properly determined at trial.

After the sixteen-year-old street racer had collided with a cyclist and pleaded guilty to dangerous driving causing death, Ontario’s Court of Justice imposed a sentence that included 7 months open custody, 3½ months community supervision, 1 year probation and a 5-year driving prohibition.

Employee who did not know his position had been reclassified removing his entitlement to overtime pay, but who had been paid overtime for overtime worked, could keep the amounts paid.

Adekayode v. Halifax (Regional Municipality) (2015) 81 C.H.R.R. D/257, 2015 C.L.L.C. 230-025, 2015 CarswellNS 580 Nova Scotia Human Rights Commission