Adam Walji at Bennett Jones LLP

Ontario Court Confirms Temporary Lay-Off Clause Is Distinct From Termination Clause | Bennett Jones

In Taylor v Salytics Inc., 2025 ONSC 3461 (Taylor), the Ontario Superior Court of Justice emphasized the importance of a substance-over-form analysis in the interpretation of employment agreements, concluding that a temporary...more

7/10/2025 / Canada , Contract Interpretation , Employee Rights , Employer Responsibilities , Employment Contract , Employment Litigation , Layoffs , Ontario , Termination

Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more

5/30/2025 / Antitrust Litigation , Antitrust Violations , Appeals , Canada , Class Action , Competition , Regulatory Reform , Securities Litigation , Securities Regulation , Supreme Court of Canada

The Ontario Court of Appeal Clarified When Class Actions Should Be Dismissed for Delay

Many class actions take several years to litigate. Some may take even longer, because they sit idle for months or—in some cases—decades. In late 2024 and in early 2025, the Ontario Court of Appeal issued two decisions...more

5/28/2025 / Appeals , Appellate Courts , Class Action , Motion to Dismiss , Rules of Civil Procedure

BC Court of Appeal Confirms that the Duty of Honest Performance Does Not Extend to Pre-Contractual Dishonesty

In Ocean Pacific Hotels Ltd. v Lee, 2025 BCCA 57, the Court of Appeal for British Columbia confirmed that the duty of honest performance in contract does not extend to pre-contractual negotiations....more

4/9/2025 / Breach of Contract , Canada , Employee Benefits , Employee Rights , Employment Contract , Employment Litigation , Human Resources Professionals

An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards...more

4/8/2025 / Appeals , Canada , Contract Terms , Employee Rights , Employment Contract , Employment Litigation , Enforceability , Labor Regulations , Ontario , Termination

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

1/20/2025 / Appellate Courts , Canada , Class Action , Class Certification , Dismissals , Litigation Strategies , Motion to Dismiss

Ontario Court of Appeal Changes the Test Under Rule 24.01—The Passage of Time is Prejudicial

In Barbiero v Pollack, 2024 ONCA 904 (Barbiero) the Court of Appeal for Ontario upheld the motion judge’s dismissal of a class proceeding for delay under Rule 24.01 of the Rules of Civil Procedure. The plaintiff had not set...more

1/6/2025 / Appeals , Canada , Delays , Dismissals , Prejudice , Rules of Civil Procedure

Ontario Court of Appeal Orders Rehearing of Environmental Charter Challenge

In Mathur v Ontario, 2024 ONCA 762, the Court of Appeal for Ontario held that Ontario’s Cap and Trade Cancellation Act (CTCA) was a voluntary assumption by the provincial government to combat climate change and, thus,...more

12/5/2024 / Canada , Carbon Emissions , Climate Change , Corporate Governance , Corporate Social Responsibility , Greenhouse Gas Emissions , Proposed Legislation , Sustainability

Ontario Court of Appeal Endorses Objective Standard for Determining Arbitrator Disclosure and Disqualification

In Aroma Franchise Company, Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Court of Appeal for Ontario confirmed that arbitrator disclosures and arbitrator disqualification under Article 12(1) of the UNCITRAL Model...more

11/26/2024 / Arbitration , Arbitration Agreements , Canada , Commercial Arbitration , Commercial Arbitration Act , International Arbitration

B.C. Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the plaintiffs alleged that Mentor's silicone gel-filled breast implants, MemoryGel, caused adverse health effects, including connective tissue disorders (CTDs) and autoimmune...more

11/21/2024 / British Columbia Supreme Court , Canada , Class Action , Food and Drug Administration (FDA) , Life Sciences , Medical Devices , Medical Malpractice

Ontario Superior Court Refuses to Dismiss for Delay, Taking Functional and Contextual Approach to Section 29.1 of the Class...

In McRae-Yu v Profitly Incorporated et. al., 2024 ONSC 5615 (McRae-Yu) the Ontario Superior Court of Justice refused to dismiss a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992. McRae-Yu...more

10/28/2024 / Canada , Class Action , Delays , Dismissals , Filing Requirements , Law Firm Associates , Law Firm Partners , Ontario , Young Lawyers

Ontario's Court of Appeal Clarifies Limitation Period for Equitable Trust Claims Against Estates

In its recent decision in Ingram v Kulynych Estate, the Court of Appeal for Ontario clarified the timeline for bringing equitable trust claims against estates, concluding that such claims are subject to the two-year...more

9/26/2024 / Beneficiaries , Canada , Estate Claims , Estate Planning , Fiduciary , Trust Administration , Trust Distributions , Trustees , Trusts , Wealth Management

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the...more

8/9/2024 / British Columbia Securities Commission , Canada , Disgorgement , Insolvency , Securities , Securities Litigation , Supreme Court of Canada

Adam Walji

Bennett Jones LLP

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