Contempt of Court: Town of Caledon v Darzi

In “Town of Caledon v. Darzi Holdings Ltd., 2021 ONSC 985“, the Town of Caledon moved to hold the defendant in contempt of court. The plaintiff argued that the defendant was in contempt of court by failing to abide by a previous court order. The previous court order made by Justice Schabas contained multiple terms. … Continue reading Contempt of Court: Town of Caledon v Darzi

Does a Criminal Proceeding Stop the Limitation Period Clock for a Civil Suit?

In the decision Kulyk v Guastella, 2021 ONSC 584, Justice Myers addressed whether a criminal proceeding can stop the clock for a civil suit. In this case, the parties were former spouses. The criminal matter arose from allegations that the husband perpetrated fraud and assault. The civil matter arose from statements the former wife made … Continue reading Does a Criminal Proceeding Stop the Limitation Period Clock for a Civil Suit?

Do Settlement Offers Expire Years Later?

In the recent decision Karasiewicz v Collins et al, 2020 ONSC 4601, the plaintiff brought a motion to enforce a settlement. The plaintiff commenced an action in February 2016, alleging constructive dismissal. Early on the parties exchanged settlement offers in correspondence. In 2020, the plaintiff accepted an offer that was about 3.5 years old and … Continue reading Do Settlement Offers Expire Years Later?

The Need for Human-Centred Design in Ontario Courts

Human-centred design is an approach to problem solving. The approach takes inspiration from real people and how they use products. It involves making prototypes, learning how users interact with them, and refining the product based on feedback. The goal is to end with a user-friendly product. To learn more about human-centred design: read here. Our … Continue reading The Need for Human-Centred Design in Ontario Courts

Will There be Civil Jury Trials Next Year?

COVID-19 has delayed many civil jury trials, creating concerns of prejudice. In the recent decision of Saadi v. Silva, 2020 ONSC 6700, the plaintiff brought a motion to strike the jury after the trial was adjourned. In October, a jury was selected for the Saadi v Silva matter. However, after jury selection, Premier Ford announced that Toronto would … Continue reading Will There be Civil Jury Trials Next Year?

Revisiting R v. S. (R.D.), 1997: A Case About a Black Judge on “Trial” for Acquitting a Black Boy

“It wasn’t that long ago in Canada when our justice system put a Black judge on trial for acquitting a Black boy of allegedly running his bike into an officer’s leg – her offence? Speaking truth to power by stating that sometimes police over-react when dealing with Black youth.” – Professor David Tanovich @dtanovich  In R … Continue reading Revisiting R v. S. (R.D.), 1997: A Case About a Black Judge on “Trial” for Acquitting a Black Boy

When are Contracts of Adhesion Binding?

In the Internet age, contracts of adhesion are common. Consumers routinely confirm their acceptance to terms and conditions that they have not read or understood. In Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78, the court addressed when contracts of adhesion are binding. In this case, a snowboarder from Australia was injured in the … Continue reading When are Contracts of Adhesion Binding?

Privacy Rights in the Internet Age and The New Tort of Public Disclosure of Private Facts

“Society has been scrambling to catch up to this problem [the publication of intimate photos or videos online without consent] and the law is beginning to respond to protect victims.” – Justice Stinson in Jane Doe 464533 v N.D., 2017 ONSC 127 Gradually courts have been awarding damages for the tort of public disclosure of … Continue reading Privacy Rights in the Internet Age and The New Tort of Public Disclosure of Private Facts

Is Selling Prescription Eyewear Online Legal?

Nowadays you can buy almost anything online: clothing, food, glasses, jewelry, medication, mattresses, and the list goes on. So is there a problem with buying prescription eyewear online? The College of Optometrists of Ontario thought so. The College launched a court application against Essilor Group Canada Inc. for operating the online retailer Clearly.ca and Coastal. … Continue reading Is Selling Prescription Eyewear Online Legal?