ADR
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May 08, 2025
Ontario court confirms that employee dismissal over vaccine non-compliance can be reasonable
An Ontario Superior Court panel has quashed an arbitrator’s decision that an employer should never discipline employees who fail to comply with a mandatory COVID-19 vaccination policy. However, in a May 6 decision in Humber River Health v. Teamsters Local Union No. 419, 2025 ONSC 2270, Justices Nancy Backhouse, Richard Lococo and Graeme Mew upheld the arbitrator’s decision ordering Toronto’s Humber River Hospital to reinstate two employees who were fired for failing to comply with the vaccination policy.
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May 01, 2025
Ontario Court of Appeal upholds ruling over reimbursement of arbitration costs for insurers
The Ontario Court of Appeal has allowed an appeal and agreed with an arbitrator’s decision to not reimburse an insurer for costs related to statutory accident benefits in a case where another insurer was higher priority for the claimant.
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April 15, 2025
Rules review recommendations would ‘fundamentally change’ framework for Ontario civil claims: lawyer
A revamp of Ontario’s justice system could soon be in the offing after a task force set up to look at the province’s Rules of Civil Procedure recommended a number of changes that would have a major impact on legal practice.
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April 14, 2025
Ontario Court of Appeal upholds 1957 contract at issue in Enbridge gas pipeline dispute
The Ontario Court of Appeal has upheld a finding that a 1957 franchise agreement, which requires a gas supplier to obtain approval from the County of Essex for the relocation or replacement of pipelines, does not violate the rule against perpetuities.
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April 14, 2025
Federal Court strikes veteran’s proposed class action over alleged health effects of mould on ship
The Federal Court has allowed a motion by Canada to strike a statement of claim in a proposed class action against the Canadian Armed Forces in a case where a veteran developed illness and injury due to mould on a ship.
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April 11, 2025
B.C. Court of Appeal: Labour arbitration appeals lie with labour board barring exceptional cases
The British Columbia Court of Appeal has clarified that its jurisdiction over labour arbitration decisions is strictly limited to matters of general law entirely unrelated to labour relations, collective agreements or fact-based determinations tied to workplace disputes.
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April 04, 2025
Ontario court injunction bars solicitation of claimants in $32.5 billion tobacco class action
In a rare move, the Chief Justice of the Ontario Superior Court has granted an injunction preventing lawyers, law firms or other entities from soliciting potential claimants in the mediated $32.5 billion class action settlement involving three tobacco companies, Canadian provinces and territories, and victims of tobacco use.
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April 02, 2025
Contract negotiations between Ontario hospitals, nurses go to arbitration
The Ontario Nurses’ Association and the Ontario Hospital Association have entered arbitration after failed contract negotiations, with nurses across the province demanding improved staffing ratios to address patient care and working conditions.
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March 27, 2025
Ontario court overturns arbitrator’s costs award citing consumer protection legislation
The Ontario Superior Court has set aside an arbitrator’s decision requiring a purchaser to pay substantial indemnity legal costs to a vendor in a dispute concerning a cancelled condominium project.
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March 26, 2025
B.C. Court of Appeal rules forum selection clause doesn't apply in defamation case against X
A forum selection clause in the social media platform X’s terms of service does not apply to a defamation lawsuit brought against it over content posted on X, the B.C. Court of Appeal has ruled.