On June 30, 2021, the Village of Lytton in rural British Columbia was devastated by a wildfire that resulted in personal injury, the destruction of homes and livelihoods, and the tragic loss of life. Various court proceedings...more
What Canadian process is available for mass torts when a class action cannot be certified? That is one question addressed by the Ontario Superior Court of Justice in Carcillo v Canadian Hockey League (Carcillo)....more
The Alberta Court of King's Bench (Court) created a new common law tort of harassment in Alberta Health Services v. Johnston (Alberta Health)....more
In Alberta Health Services v Johnston, 2023 ABKB 209, the Court of King’s Bench of Alberta recognized a new tort of harassment. Background - Alberta Health Services (AHS) and two individual plaintiffs claimed they were...more
In the decision of Alberta Health Services v Johnston, 2023 ABKB 209 (“AHS v Johnston”), an Alberta court established a new tort of harassment. Background Facts - Alberta Health Services (“AHS”) and two named...more
We begin with an update on a trilogy of privacy class actions appeals in which plaintiffs sought, unsuccessfully, to expand the tort of intrusion upon seclusion. Next, we canvass the various approaches of Ontario courts...more
In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human...more
In Tar Heel Investments Inc. v. H.L. Staebler Co. Ltd., 2022 ONCA 842, a business alleged that its former employee sold two books of business to a subsequent employer. The Superior Court of Justice (SCJ) found that the...more
The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more
Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more
The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more
In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...more
In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more
Regardless of social media policies establishing expectations for employee conduct online, online harassment is still a prevalent issue in the workplace as well as in society more generally. ...more
The Supreme Court of Canada heard one appeal in January and will hear seven more in February and March that may interest the business community or organizations facing civil litigation...more
Looking Forward: Class Actions in 2021 - In July 2020, the Supreme Court of Canada released its highly anticipated decision in Atlantic Lottery Corporation Inc. v Babstock—Bennett Jones acted for ALC. The decision put to...more
Instability and uncertainty were the two constants in 2020. The COVID-19 pandemic uprooted social norms and challenged businesses. The long range impact of that instability and uncertainty remains to be seen. For different...more
As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of 14 key 2020 developments, with links to more...more
Canada saw significant developments in labour and employment law in 2019. As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more
In early 2017, in a case about strained relations between a Royal Canadian Mounted Police (the “RCMP”) member and several of his supervisors, the Ontario Superior Court of Justice (the “ONSC”) created a new “tort of...more
In Doe 464533 v. X (Doe 464533), the Ontario Superior Court of Justice (Court) found civil liability for the online publication of an intimate video by an ex-boyfriend. The case is significant because it signals the...more