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Ontario

The Clashing of Wage Restraint Legislation with s. 2(d) Collective Bargaining Rights

In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court finding that Ontario’s Bill 124 (“the Bill” or “the Act”)- which places a cap on wages in the public sector–is unconstitutional in its application to […]

Morassut v Jaczynski: Property Division for Common Law Spouses by Stealth?

One of the criticisms laid against Ontario's family law and succession law statutes is that they do not make allowance for people living in non-traditional relationships. The law provides a comprehensive formula for property division for married people when they divorce or one of them dies, but there is no similar entitlement for "common law" […]

The Supreme Court Gives a Green Light to Summary Judgment in Hryniak v Mauldin

Normal 0 Commentators often refer to a crisis in civil justice.  Civil procedure is slow, complicated, and prohibitively expensive, putting it out of the reach of the average Canadian.   In 2010, the Ontario government amended the Rules of Civil Procedure, RRO 1990, Regulation 194, with the aim of improving access to justice.  One aspect of this was […]