Category: Civil Litigation and ADR

The coup de grâce for faxes

In a blog post late last year we noted that faxes were Out, at least so far as service under the Rules of Civil Procedure are concerned. The only thing left (according the the Rules) was the possibility that Confirmation Forms could be sent to court offices by fax because that hadn’t been specifically removed […]

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Termination clauses in employment contracts: dead?

Last year, the Ontario Court of Appeal [ONCA] in a case called Waksdale v Swegon North America Inc. [“Waksdale“] said that a termination clause in an employment contract must be looked at in its entirety, and so invalid clauses can invalidate valid clauses, even where they are separate and governed by a severance clause. The […]

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The death of fax

Lawyers have been one of the last holdouts using fax machines. Part of that was simply the Rules of Civil Procedure, which made very specific provision for service by fax, and a fax confirmation sheet was good enough for the court that something had indeed been sent. Service by email, however, used to require a […]

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Limitation Periods Resumption

The Ontario government, in consultation with the Chief Medical Officer of Health, is extending orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA). The extensions provide the government with the necessary flexibility to address the ongoing risks and effects of the COVID-19 outbreak and ensure important measures remain in place […]

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SCJ London: adjournment of all jury trials

All civil jury trials currently scheduled to commence in the Superior Court of Justice in London, Ontario during the month of June, 2020 are adjourned to the July 17, 2020 assignment court at 9 a.m. to be spoken to. Endorsement of Justice Grace, April 22, 2020 (PDF only, found here) This post is done by […]

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SCJ jury trials: not ’til September, 2020 at the earliest

“To protect the health and safety of all court users and to help contain the spread of the 2019 novel coronavirus (COVID-19), the Superior Court of Justice (SCJ) suspended in-person operations, effective Tuesday, March 17, 2020, and until further notice.” “By order, all … civil matters scheduled to be heard on or after March 17, […]

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“Ontario Lifting Suspension Of Lien Periods”

Robert Farmer, Andrew J. Skinner and Stewart J. Wallace of Dickinson Wright provide a very useful short summary of the lifting of the suspension of certain lien periods under the Construction Act (formerly the Construction Lien Act). “One of the perhaps unintended consequences of this order was the suspension of the deadline for suppliers of goods […]

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Suspension of limitation periods and Rules time limits

The Ontario government has issued an order suspending the operation of any statute, regulation or rule that sets out a limitation period, or the timing within which a step must be taken to start a court or tribunal case, or any step within it. [You can find the full text here.] What does this mean? […]

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Regulation suspending limitation and statutory time limits

Ontario Regulationmade under theEMERGENCY MANAGEMENT AND CIVIL PROTECTION ACTORDER UNDER SUBSECTION 7.1(2) OF THE ACTCurrent to March 28, 2020No amendments Whereas an emergency has been declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) [Emergency Order found here] on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency […]

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Law Society official position on virtual Commissioning

[Everything below this line is a verbatim transcript from the LSO’s website as of 2020-04-08-1334h] During COVID-19, does the Law Society’s interpretation permitting virtual commissioning under the Commissioners for Taking Affidavits Act extend to functions under the Notaries Act? Notarizing is governed by the Notaries Act and is not regulated by the Law Society. Lawyers […]

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