Karin Sachar Karin Sachar

Ontario Court orders class action trial to proceed by virtual means

In Flying E. Ranche Ltd. v. Attorney General of Canada 2020 ONSC 8072, Justice Schabas recently  rejected an adjournment sought due to...

Ontario Superior Court recognizes new cause of action addressing internet harassment

In Caplan v. Atas (Caplan), Justice Corbett took the extraordinary step of recognizing a new common law tort of internet harassment in response to an...

Court of Appeal finds limitation periods suspended indefinitely following a denial of certification

In R.G. v. The Hospital for Sick Children, the Court of Appeal for Ontario found that limitation periods remain suspended for all individual...

Amendments to Class Proceedings Act will come into force October 1

On September 17, 2020, recent amendments to the Ontario Class Proceedings Act, 1992 were proclaimed into force effective October 1, 2020. The...

Supreme Court rearticulates test under Ontario “anti-SLAPP” legislation

On September 10, 2020, the Supreme Court of Canada released a pair of highly anticipated decisions on two appeals addressing the test to be applied...

Expert’s generic opinion doesn’t cut it: appellate court denies certification in cannabis class action

To certify a product liability or toxic substance class action, a plaintiff must provide some evidence of a workable methodology for proving that the...

Law Commission of Ontario recommends sweeping changes to law of defamation to address challenges of internet age

On March 12, 2020, the Law Commission of Ontario (LCO) released its long-awaited final report on Defamation Law in the Internet Age (along with...

Let’s be “mutually exclusive” – Alternative procedures in the preferable procedure analysis

In the recently released decision Whitehouse v. BDO Canada LLP, Justice Perell rejected the Defendant’s arguments regarding the preferable...