Rikin MorzariaDefence Medicals for Employers in Wrongful Dismissal Cases? Yes — in Limited CircumstancesCourts rarely order defence medical examinations in wrongful dismissal cases. They are so uncommon that the defendant in Marshall v…Aug 1Aug 1
Rikin MorzariaClear Evidence Needed to Sever Liability and Damages Trials Under New Ontario Rule(CanLII) | LaPointe v. Simcoe Muskoka Catholic District School Board | CanLIIJul 20Jul 20
Rikin MorzariaOntario Courts Continue Trend of Enforcing Litigation DeadlinesIn an earlier post, we wrote about amendments to the Ontario Rules of Civil Procedure and traced courts’ refusal to rubber-stamp the late…Jul 15Jul 15
Rikin MorzariaEmployers may not be Able to Protect Employee Whistleblowers in Wrongful Dismissal CasesIn the recent case of Jarvis v The Toronto-Dominion Bank, 2024 CanLII 62260 (SCJ), Associate Justice Jolley grappled with whether the…Jul 12Jul 12
Rikin MorzariaYou Can’t Sue Opposing Lawyers For the Litigation Strategy They Used Against YouLitigants are often offended by the strategies used by the lawyers who act against them in lawsuits. When an opposing lawyer uses language…Mar 6Mar 6
Rikin MorzariaWill Ontario Courts Enforce Full Indemnity Costs Clauses in Contracts?If parties to a contract include a clause that entitles the winning party in a lawsuit to recover all of its legal fees, will that clause…Feb 22Feb 22
Rikin MorzariaCourt Lets Examining Party Pick Its Own WitnessWho decides on the corporate representative to be examined for discovery in Ontario? As the recent decision of Jeffrey v. Open Storage…Feb 8Feb 8
Rikin MorzariaCommercial Tenants Beware: Courts Will Probably Not Read Implied Terms into Your Lease AgreementA commercial tenant facing a difficult business decision may be tempted to assume that that their lease agreement contains some implied…Feb 6Feb 6
Rikin MorzariaCourt Recognizes Privacy Rights Over Intimate Messages in Personal Injury LawsuitThe recent decision Howell, McDonnell v. Freire, 2024 ONSC 586 confirms that there are limits to the personal records a plaintiff must…Jan 31Jan 31
Rikin MorzariaLawyers Should Learn How to Use AI ResponsiblyIn an earlier post, I wrote about Ontario lawyers’ duty to be technologically competent. Recent events have reinforced the importance of…Jan 26Jan 26