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The Defendant’s Entitlement to Costs in a Wrongful Termination Suit: AB2000 Corp. v Infinium Capital

Rule 49 of the Rules of Civil Procedure, RRO 1990, Reg 194 provides that where a plaintiff puts forward an offer to settle, and obtains a judgment at least as favourable as its offer to settle, the plaintiff is entitled to substantial indemnity costs from the date of the offer, unless the court orders otherwise.   […]

Update on R v Riesberry: it’s more than just a game.

Some time ago, I wrote a piece on the one line Supreme Court of Canada (“SCC”) holding that the appeal in R v Riesberry [Riesberry] is to be dismissed. In that article, I purported to prognosticate on the ratio to be derived from what, on the facts, appears to be a straightforward case. Briefly: a […]

Second Class Citizenship in Canada: through the Eyes of a Second Class Citizen

“It’s official – second class citizenship goes into effect.” – British Columbia Civil Liberties Association (“BCCLA”), regarding Bill C-24 (now law). Strong words. I am always skeptical of strong words. More than half the time, they are hyperbole intended to deceive. I was skeptical of these words, too. So I went straight to the source: […]

Partridge v Botony Dental Corporation: Wrongful Dismissal and Discrimination on the Basis of Family Status

Ms. Partridge, age 36, worked for the employer for seven years, initially as a hygienist, and thereafter as a dental practice office manager. Following her return from maternity leave, the employer demoted her to her initial hygienist position with reduced hours and pay. Ms. Partridge objected to the material changes in her employment and reminded her […]

Keeping it in the Family: Municipal Conflict of interest in the Context of Familial Relationships

The decision of the Court of Appeal for Ontario (“ONCA”) in Ferri v Ontario (Attorney General), 2015 ONCA 683 [Ferri] is the latest in a string of municipal conflict of interest cases involving prominent municipal politicians. Mario Ferri was a well-known Regional and City Councillor for the City of Vaughan, Ontario. On his own volition, […]

David beats Goliath? Not quite. Jurisdictional analyses in Chevron Corp v Yaiguaje

Introduction The effects of globalization are deep and far reaching – not least with respect to the Canadian legal framework. As cross-border litigation involving multinational corporations becomes increasingly prevalent, courts are forced to grapple with the challenges of reconciling the domestic and international aspects of these disputes. In Chevron Corp v Yaiguaje, 2015 SCC 42 […]

R v Tatton: The Confounding Distinction between Specific and General Intent

The Supreme Court of Canada’s (“SCC”) recent decision in R v Tatton, 2015 SCC 33 [Tatton] takes place in the context of a larger and more protracted debate about the defence of intoxication. In what cases, if any, can a self-induced state of intoxication negate intent, and provide an accused with a full acquittal? Courts […]

R v Perrone: The Need for Appellate Courts to Address both Credibility and Reliability of a Witness

This case is concerned with the credibility and reliability of a witness, and whether or not the trial judge erred in her assessment of the complainant’s evidence and provided an unreasonable verdict. On February 19, 2015, the Supreme Court of Canada (“SCC”) dismissed the appeal of R v Perrone, 2014 MBCA 74 [Perrone] from the […]

The YMCA, Taxation, and Statutory Interpretation: YMCA of Greater Toronto v Municipal Property Assessment Corporation

A recent ruling at the Court of Appeal for Ontario (“ONCA”), Young Men’s Christian Association of Greater Toronto v Municipal Property Assessment Corporation, 2015 ONCA 130 [YMCA, ONCA], held that the Toronto YMCA was not exempt from municipal property taxes on four properties to which it holds leases. The ONCA’s pithy decision rests on principles of statutory […]

Jury Instructions and Post-Offence Conduct: Her Majesty the Queen v Jason Rodgerson

On January 14, 2015, the Supreme Court of Canada will hold a hearing for the appeal of R v Rodgerson, 2014 ONCA 366. In the criminal law context, triers of fact can use post-offence conduct as evidence of certain facts in issue. For example, the evidence of an accused fleeing from a scene of an […]