90/60 day deadlines (regarding medical/legal assessments) are, in this crisis, not being rigidly held to; the court will likely be flexible on that in the circumstances. The emergency Regulation extending limitation periods does not, on its terms, suspend time the periods set out in pre-existing orders of the court. Are those time periods automatically suspended, […]

Please be advised that Camberwell House will be closed for the Christmas holidays from Tuesday, December 24, 2019 to Wednesday, January 1, 2020. The office will re-open for normal business on Thursday, January 2, 2020. If you need to deliver a package or have an emergency please email me [david at personallaw dot ca] or […]

Lily has been found safe, and is back with her family.

“The widow of one of our former male lawyers donated two sets of her husband’s court attire with the intention that we offer them free of charge to individuals about to be called to the bar who cannot afford to purchase a set themselves. We have two robes and two waistcoats available for donation. “If […]

If you have tried to reach Camberwell House over the past half-week and received a “full mailbox” message, my apologies. We have had a sea of telemarketer hang-ups which have filled up the message cap.

The Ontario Court of Appeal has unanimously rejected harassment as an independent tort, (i.e. a specific wrong which can be sued upon): Merrifield v. Canada (Attorney General), 2019 ONCA 205. T The Supreme Court of Canada has, in the past, said that Human Rights tribunals are the proper places for harassment complaints: Seneca College of […]

“The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts… Benedetto v. 2453912 Ontario Inc., 2019 ONCA 149 … is wrong on two grounds. The first ground is based on the expectations the parties will have had in the circumstances of the case. The second ground is based on a […]

“Is the duty of loyalty a limit to freedom of expression?” In their article of that title Félix Germek-Michaud and Simon Gagné of Lavery Lawyers answer “yes”, in examining the case of a bookstore employee who wore a patch in support of Quebec students who were protesting government tuition changes: “The right to freedom of […]

“A recent decision from the Ontario Court of Appeal involving Uber throws into doubt the enforceability of certain arbitration clauses in employment (and independent contractor) agreements — and potentially consumer and other agreements. The Court found the arbitration clause at issue was invalid due to statutory non-compliance and unconscionability, in part because it required Uber […]

Jeff Dutton of Dutton Employment Law brings our attention to a Superior Court case that may change the law in Ontario: Cormier v. 1772887 Ontario Limited c.o.b. as St. Joseph Communication. Ms. Cormier had been an independent contractor with St. Joseph Communication [“StJC] from 1994-2004, an employee from 2004 to 2012, and a manger with […]