Civil Litigation
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December 12, 2024
Court approves $70.25M settlement of TD Asset Management trailing commissions class action
The Ontario Superior Court has approved a $70.25 million settlement in a class action against TD Asset Management Inc. (TDAM) over allegations that it paid unearned or excessive trailing commissions to discount brokers out of mutual fund assets.
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December 12, 2024
Belhadj v. Meddah: No fast tracking of mobility cases save for compelling circumstances
The court process is slow. In some jurisdictions, the family law process, from the initial filing of the application to trial, can take two years or more. In some courts, even the first family law conference date may be six months out from the commencement date of the court process.
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December 12, 2024
Ontario to toughen trespass law, ban public drug use as part of effort to deal with encampments
Ontario is bringing in legislation to toughen provincial trespass law and tackle public drug use as part of its effort to help municipalities and police services deal with homeless encampments.
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December 12, 2024
Yukon, Ottawa failed to consult Indigenous group on ‘economic feasibility’ of mine project
Yukon’s top court has found that both the territory’s government and that of the country failed to properly consult a First Nations group on the “economic feasibility” of a mine planned to be built on Indigenous land. The Court of Appeal of Yukon case of Ross River Dena Council v. Yukon (Government of), 2024 YKCA 18, released Dec. 6, pits the governments of Canada and Yukon (known as the “Decision Bodies”) against the Ross River Dena Council (RRDC), which brought the court the legal action on behalf of the Kaska Nation.
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December 12, 2024
Stop being scared to dismiss for cause | Stuart Rudner
For my last column of 2024, I want to return to one of my favourite topics: summary dismissal. The just cause cases that cross my desk, whether as counsel or mediator, are always interesting and often entertaining. Of course, there could be far more if employers (and their counsel) were not so scared to pursue summary dismissal, even when justified.
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December 11, 2024
Canadian property firms face proposed class action alleging rental price fixing
Canadian Apartment Properties Real Estate Investment Trust (CAPREIT), RioCan Real Estate Investment Trust and a dozen other rental property owners and management companies are facing a proposed class action lawsuit over allegations they conspired to artificially inflate rental prices in Canada.
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December 11, 2024
Ontario appeal decision clarifies ‘murky area of real estate law,’ lawyer says
Ontario’s top court has outlined what happens to the right of survivorship if a property owner severs a joint tenancy, something a lawyer involved in the case is calling a useful clarification for a “murky area” of real estate law.
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December 11, 2024
The importance of briefing notes
Policymakers have long relied upon briefing notes to assist in making good decisions. Boards, councils and even committees of regulators have often used briefing notes to enable staff and preparatory teams to concisely convey the information that decision-makers need.
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December 11, 2024
Toronto Lawyers Association announces Honsberger Award recipient
The Toronto Lawyers Association (TLA) announced that the 2025 Honsberger Award will be presented to Shantona Chaudhury at the TLA Awards Gala in March.
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December 10, 2024
Ontario Court of Appeal affirms commercial landlords have no duty to mitigate when leases repudiated
The Ontario Court of Appeal has affirmed that a landlord who rejects a repudiation of a commercial lease by a tenant does not have a duty to mitigate damages.