More couples in Canada are choosing to live together outside of marriage – and the legal portrait can be more complex for people in common-law relationships …
Month: September 2024
Reilly v Alberta (2024): Alberta’s Court of Appeal allows Bail Overhold Class Action to Proceed
Persons detained by police have a constitutional right to be brought before a justice within 24 hours of their arrest, in accordance with section 503(1) of the Criminal Code and section 11(e) of the Charter. In September 2022, Rooke ACJ certified Reilly v Alberta as a class action, for damages for individuals who were detained …
October 11, 2024 – Cory Wanless will be moderating a discussion at The Future of Transnational Torts: What’s Next After Araya v Nevsun conference in Toronto
Hear from the plaintiffs’ team that successfully litigated Araya v Nevsun to the Supreme Court of Canada, come up to speed on Canadian transnational tort law since then, listen to experts on the intricacies of litigating such cases and engage in thought-provoking conversations about the development of torts based on customary international law. Cory will be moderating …
Balancing the Costs of Justice: Exposure to Adverse Costs After an Unsuccessful Certification Motion
Should a proposed representative plaintiff be exposed to adverse costs following an unsuccessful certification motion? Justice Glustein from the Ontario Superior Court of Justice answered this question in Davidson v. T.E.S. Contract Services Inc., 2024 ONSC 4362. Background Prior to this costs decision, Justice Glustein dismissed the Plaintiff’s motion for certification. The defendant sought nearly …
From Chasing Mammoths to Chasing Toddlers: Challenging Gender Norms in Family Law
For years, the notion that early human society had a strict division of labour—men as hunters and women as gatherers—has shaped scientific thought and cultural norms. Parenting time and the mental load of caregiving in a post separation/divorce is a clear indicator of how deeply engrained these stereotypes related to ‘bioessentialism’ are, but evolving dynamics …