Concept for protest, revolution or conflict. Silhouette crowd of people protesters.

First wave of Ontario Court of Appeal rulings on anti-SLAPP legislation

Introduction On August 30, 2018, the Ontario Court of Appeal released six highly-anticipated decisions interpreting Ontario’s anti-SLAPP [Strategic Litigation Against Public Participation] legislation.[i] Section 137.1 of the Courts of Justice Act, in force since the fall of 2015, allows a defendant in a proceeding to bring a motion at any time after the proceeding has been commenced to have the action dismissed. This tool is commonly used in defamation cases….

Osgoode Hall (Ontario Court of Appeal Building)

Ontario Court of Appeal Shows Practicality in Assessing Imperfect Expert Evidence

By David K. Wilson and Benjamin L. Grant The Court of Appeal has affirmed a high-profile trial decision despite bias concerns relating to evidence led by a key expert witness. The practical approach adopted by the Court of Appeal offers real-world lessons for future cases. Christy Natsis, an Ottawa-area dentist, was convicted of impaired driving causing death after a fatal head-on collision in 2011 near Arnprior, Ontario. She received a…

The Court of Appeal’s costs formula: deceiving or desirable simplicity?

By Thomas G. Conway and Carmen M. Baru In 790668 Ontario Inc. v. D’Andrea Management Inc., the Court of Appeal held that partial indemnity rates (“PI”) should be calculated by applying a discretionary discount to “substantial/full indemnity” rates (“SI”/”FI”), the “ordinary rule of thumb” being a 1/3 discount. The Court rejected several decisions that calculated PI based on the rates outlined in the Costs Subcommittee’s Information for the Profession (the…

Privacy Breach Class Actions in Ontario – What’s Coming in 2015 (Updated)

By Anna Turinov, Colin Baxter and Carmen Baru Several new class actions for breaches relating to personal information have been commenced or certified in Ontario in 2014.  This continuing trend confirms that the tort of intrusion upon seclusion, also known as invasion of privacy, recognized by the Ontario Court of Appeal in Jones v. Tsige, 2012 ONCA 32 is alive and well, and that exposure to damages for privacy breaches can be significant….