The Complete Brief
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April 10, 2025
Are we inadvertently creating a surveillance state?
Canada is quietly becoming a nation where your face isn’t just yours anymore — it’s a data point in some corporate or government database, and nobody’s asking permission. The time is ripe to have an adult conversation about facial recognition technology in Canada — one that moves beyond simplistic trade-offs between security and privacy to examine the profound societal implications of biometric surveillance.
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April 10, 2025
Establishing irreparable harm: Difficulty in calculating damages for lost business not enough
In business disputes involving a request for injunctive relief, the moving party must generally establish that they would suffer irreparable harm that cannot be compensated for by monetary damages that would eventually be awarded at trial. However, courts have repeatedly held that difficulty in calculating damages for lost business is not sufficient to establish irreparable harm.
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April 10, 2025
Dismissal of class proceedings for delay: ONCA provides guidance
When is “mandatory dismissal for delay” actually mandatory?
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April 10, 2025
‘Constitution does not fade from view in times of crisis,’ Ontario Appeal Court says in COVID-19 case
A former Ontario legislator has emerged victorious in his constitutional challenge of COVID-era gathering limits, with his lawyer saying the ruling will set the standard for jurisprudence on freedom of assembly issues in Canada.
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April 10, 2025
Credibility finding in sexting case
I recently blogged about an Ontario case that discusses the issue of whether prior communications about sex are relevant in a sexual assault trial. Confusion often arises on this question because of the subtle distinction between threshold relevance and ultimate relevance, and the consequent failure to keep these concepts distinct in admissibility hearings under the s. 276 regime of the Criminal Code.
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April 10, 2025
PUBLIC PENSION PLANS - Canada Pension Plan - Severe and prolonged disability - Appeals and judicial review
Application by applicant for judicial review concerning his eligibility for a disability pension under the Canada Pension Plan (CPP). The applicant, a former journalist and university instructor, suffered from post-traumatic stress disorder, depression and rheumatoid arthritis.
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April 10, 2025
PROCEDURE - Trial judge’s duties - Charge or directions
Appeal by Crown and cross-appeals by Pan, Mylvaganam, Wong and Crawford (collectively the “Respondents”) from judgment of the Ontario Court of Appeal, which set aside convictions for first-degree murder and ordered a new trial, and affirmed convictions for attempted murder.
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April 09, 2025
B.C. Court of Appeal overturns $10-million ruling against B.C. over misfeasance in public office
The B.C. Court of Appeal has overturned a $10-million damages award against the province for misfeasance in public office, ruling that misconduct by government officials did not cause the financial losses claimed by the plaintiff.
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April 09, 2025
Aird & Berlis welcomes two new associates to its team
Jonathan Kyriacou and Nico Jones have joined Aird & Berlis LLP as associates.
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April 09, 2025
Ontario proposes expansion of strong-mayor powers to 169 more municipalities
Ontario has announced it is proposing to expand strong-mayor powers to 169 additional municipalities’ heads of council as of May 1. The province said this will help deliver on provincial priorities, including building homes, transit and other infrastructure.