Generally speaking, in Ontario, litigants have two years to commence a civil lawsuit. However, in the cases of the sexual assault, this two-year limitation period is waived. Section 16(1) of the Ontario Limitations Act states, “16 (1) There is no limitation period in respect of… (h) a proceeding...
The case of S.E. v. 2474489 Ontario Inc. (o/a Opa! Souvlaki), 2024 HRTO 343, is a recent decision of the Human Rights Tribunal, where an employer was found in breach of the Ontario Human Rights Code (“Code”) on account of sexual harassment and assault perpetrated by an employee against another at...
The issue of spoliation is rarely dealt with in case law. It is a term that one hears regularly in the context of insurance claims related litigation and other litigation generally. Subrogating insurers want (or should want to) to ensure evidence is preserved to ensure they can prove their case....
In the long awaited July 14, 2022 LAT award rendered in #20-007407/AABS by Vice-chair, Sandeep Johal, the question arose whether an LTD benefit that was not being received could be deducted from an IRB benefit. The upshot was that the deadline for the SABS claimant to apply for the collateral...
Seinfeld’s charm was that it was “a show about nothing.” Of course, anyone on “the priority circuit” knows that this concept is not limited to TV, and that sooner or later, you have been, or you will be, involved in a priority dispute “about nothing.” You get on the first...
The recent decision of Justice Lemon in Graul v. Kansal weighs in at 182 pages and comes with plenty of teaching moments about defending personal injury claims, weighing the strengths and weaknesses of a claim and the uncertainty of trials. The plaintiff came to the case as a 52 year old husband...
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