Winter is often stressful as many residents attempt to clear the sidewalk in front of their house or business to avoid being sued for an unsuspecting slip or fall. In 2021, the Supreme Court of Canada (“SCC”) settled an ambiguous area of law by extending tort liability to municipalities for improper snow removal. The SCC […]
Legislation against strategic lawsuits against public participation [“anti-SLAPP legislation”] is not a blanket legal apparatus. Parties cannot get claims against them dismissed simply because their expressions are in relation to matters of public interest. Lascaris v B’nai Brith Canada, 2019 ONCA 163 [Lascaris] is a case that explores this concept further. Factual Overview The […]
Does protecting an individual’s freedom of expression supersede protecting those harmed by it? Where does the public interest lie within this analysis? These are the questions that the Supreme Court of Canada (“SCC”) grappled with in the recent decision of Bent v Platnick, 2020 SCC 23 [Platnick], decided alongside 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes]. This […]
In its June decision, Saadati v Moorhead, 2017 SCC 28 [Saadati], the Supreme Court of Canada (“SCC”) made a ground-breaking decision on psychiatric injury, moving in a bold direction away from appellate jurisprudence and the path taken by courts in the United Kingdom, New Zealand, and Australia (para 28), in holding that medical evidence is […]