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Court rules on certification during insolvency

Alex Robinson - Monday, April 24, 2017

A recent Ontario Court of Appeal decision allowed a union to bring a certification application in the middle of an employer’s insolvency proceedings, which the dissenting judge on the decision said could result in a “sea change” in insolvency law.
In Romspen Investment Corporation v. Courtice Auto Wreckers Limited, the court allowed a certification application to proceed before the Ontario Labour Relations Board, after a union had applied to the OLRB, despite a receivership order that said no proceedings can be commenced against the receiver without leave of court. In his dissent, Justice Peter Lauwers warned against giving unions “carte blanche” to bring...

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New laws may spur more arbitration in Ontario

While lawyers say new legislation will likely promote Ontario as a hub for international commercial arbitration, there are still practical barriers when it comes to attracting the international business community to arbitrate in the province.

Genetic privacy bill to go to Supreme Court

The federal Liberal government has signalled that it will be referring a public bill by the Senate on genetic privacy directly to the Supreme Court of Canada once it has been given royal assent.  

Editorial: Nudging SIU change

There was much food for thought in Justice Michael Tulloch’s recent report on three police oversight bodies in Ontario, particularly for lawyers.

Speaker's Corner: Time for courts to go paperless

Much ink has been spilled, so to speak, on the Ontario courts’ failure to move into the digital age. Despite this frequent criticism, the problem persists without a solution in sight.

Focus: Smooth succession means crafting exit plan early

Rod Ferguson no longer has any ownership stake in the law firm that bears his name and he couldn’t be happier about it.

Inside Story

Monday, April 24, 2017

A certification motion for a class action lawsuit against Deloitte LLP involving document reviewers has been adjourned for 60 days while class counsel seek a new representative plaintiff.

Ontario Superior Court Justice Edward Belobaba certified the action April 13, but it is still subject to court approval of amendments to the proposed class definition and the replacement of the representative plaintiff, Shireen Sondhi.

The court gave lawyers for the plaintiffs until June 12 to find a new representative plaintiff or the action will be dismissed. Sondhi v. Deloitte Management Services LP, Deloitte & Touche LLP and Procom Consultants Group Limited was first filed in March 2015 and sought $384 million on behalf of hundreds of lawyers working at a document-review company Deloitte acquired in 2014.

The action alleges that document reviewers working for Deloitte were misclassified as independent contractors and should have been employees.

The claim seeks compensation for unpaid vacation,...

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    Legal Aid lawyers rally for collective bargaining rights Legal Aid Ontario lawyers held three protests in July to push the provincial government to support their attempts to unionize. The lawyers have been in…
  • Jane-Finch community gets employment law help
    Jane-Finch community gets employment law help Osgoode Hall Law School's Community Legal Aid Services Programme recently opened an employment law division for Toronto's Jane-Finch community.Phanath Im, review counsel for the division,…
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Law Times poll

In a recent report, Justice Michael Tulloch said there is ‘no reason’ why the director of the province’s Special Investigations Unit needs to be a lawyer. Do you agree with Tulloch?
Yes, there is no reason why the head of the SIU needs to be a lawyer, especially given that this is not a requirement in other places.
No, the role requires a specialized knowledge of criminal investigations, and the professional expertise a lawyer brings.