Edited by James Tunbridge
Not Out? Attornment and its effect on arbitration and choice of forum clauses
By: D. Lynne Watt
The Supreme Court of Canada is set to hear a landmark case that may change the way arbitration and choice of forum clauses are enforced in Canada.
The Court recently granted leave to appeal in the case of Momentous.ca Corporation et al. v Canadian American Association of Professional Baseball Ltd et al, 2010 ONCA 722, 103 OR (3d) 467. The conflict between the parties surrounds the downfall of the Ottawa Rapidz, a professional baseball team owned by subsidiary companies of Momentous.ca.
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New Tricks for Summary Judgment
By: D. Lynne Watt
When summary judgment motions were first introduced to Ontario, they promised to reduce costs, shorten the length of trial, and free up court resources to reduce the strain on the legal system. This was to be accomplished by striking out baseless claims and defences, thereby removing them from the court's docket entirely or dramatically reducing the issues to be tried. As time went on, this intent was undermined by a series of decisions which interpreted the rule by, limiting the availability of summary judgment to a narrow-set of circumstances. This, in addition to the prospect of punitive cost awards if unsuccessful, on a motion for summary judgment, caused practitioners to often disregard it as a viable tool. With the addition of a single word into the Summary Judgement Rule, and the explicit granting of powers to judges hearing summary judgment motions, the new incarnation – introduced in Ontario in 2010 -- has done away with this troubled past and is finally in the position to accomplish what the Rule originally set out to do.
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An Equity Partner in a Law Firm is Also an Employee for the Purposes of Employment Legislation
By: Scott Foster
Summary: The British Columbia Supreme Court upheld a Human Rights Tribunal decision that decided that an equity partner in a law firm was also an employee for the purposes of employment legislation. In doing so, the Court has paved the way for the partner to bring a complaint for age discrimination in light of the law firm's policy that all partners retire at 65.
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Will Quebec's No fault be deemed No good?
By: Joëlle Boisvert
On May 19 2011, the Supreme Court of Canada granted leave of appeal in the matter of City of Westmount v. Rossy et al. This much anticipated decision will clarify the boundaries of Quebec's No fault insurance regime and provide guidelines on how the law should address circumstances where the automobile insurance system is being used to remedy injuries related to circumstances that cannot be understood as conventional car accidents.
Read the full article - Will Quebec's No fault be deemed No good?
You are becoming Commercially unreasonable!
By: Heather Gray
This case is a recent example of how our courts continue to strive for a commercially reasonable result while ensuring that the terms of the contract are allowed to mean what they say.
Read the full article - You are becoming Commercially unreasonable!
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