Civil Litigation
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July 31, 2025
CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues
Appeal by appellants from the dismissal of their motion to certify a class proceeding. The appellants alleged systemic negligence in the operation and oversight of a maximum security forensic psychiatric hospital in Penetanguishene, Ont., operated by the respondent, Waypoint Centre for Mental Health Care (Waypoint Centre).
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July 31, 2025
Lay-off provision ≠ termination provision, rules Ontario court
In Taylor v. Salytics Inc., 2025 ONSC 3461 (Taylor), the Ontario Superior Court of Justice underscored that a temporary layoff provision in an employment agreement is distinct from a termination provision. The court emphasized a substance-over-form approach, holding that the enforceability of a layoff provision is independent from, and is not affected by, the validity of the agreement’s termination language.
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July 30, 2025
Court of Appeal affirms secondary picketing part of labour dispute, to hear CUPW injunction appeal
The Ontario Court of Appeal has held that secondary picketing is a labour dispute activity under the Courts of Justice Act (CJA) and has agreed to hear an appeal from orders restricting the Canadian Union of Postal Workers (CUPW) from picketing Purolator facilities in their dispute with Canada Post.
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July 30, 2025
Expert panel recommends 24 pre-1970 Supreme Court precedents for priority translation
The Supreme Court of Canada — which drew fire last year for its posting, and then removal, of some 6,000 pre-1970 untranslated (mostly English) judgments from its website — says it has started to translate some of the court’s “most significant” decisions rendered before the 1970 Official Languages Act (OLA) required all new judgments to be issued simultaneously in both official languages.
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July 30, 2025
Ontario Court of Appeal denies intervention in anti-SLAPP case involving developer and citizen
The Ontario Court of Appeal has denied an application by the Toronto-based Centre for Free Expression (CFE) to intervene in a defamation case involving a property developer and a citizen who made corruption allegations on Facebook, in a decision that clarifies the boundaries for intervention in anti-SLAPP appeals.
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July 30, 2025
Not all health services are the same, Alberta court rules in podiatrist sexual abuse case
Alberta’s top court has ruled in favour of a podiatrist who was found to have committed sexual abuse under the provincial Health Professions Act because of his relationship with a woman he had once treated.
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July 30, 2025
Whelton Hiutin LLP welcomes Anasofia Heilbron and Reese Nemeth
Whelton Hiutin LLP has announced that Anasofia Heilbron and Reese Nemeth have joined the firm as articling students.
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July 30, 2025
Appeal over workplace termination dismissed, arbitration upheld
The British Columbia Court of Appeal has dismissed an appeal in an employee termination case after a workplace injury, finding that the arbitrator had wide jurisdiction to hear claims.
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July 30, 2025
Trade tribunal launches expiry review of anti-dumping orders against concrete rebar imports
The Canadian International Trade Tribunal (CITT) has initiated an expiry review of anti-dumping and countervailing duty orders affecting concrete reinforcing bar (rebar) imports from China, South Korea and Türkiye, setting the stage for a comprehensive reassessment of trade protection measures that have been in place for nearly five years.
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July 29, 2025
B.C. Court of Appeal orders specific performance in real estate dispute, clarifies uniqueness test
The British Columbia Court of Appeal has overturned a trial judge’s decision to limit damages in a real estate option dispute, ordering specific performance instead and clarifying when investment properties may qualify as unique enough to warrant the equitable remedy.