Letter to Dental College body protected by absolute privilege
In a recent decision, the Ontario Superior Court of Justice has made it clear that professionals who are the subject to defamatory statements made during disciplinary proceedings that merely repeat allegations made in the initial complaint cannot sue the maker of such statements – no matter how false and egregious the statements might be and no matter how malicious their intent. [more]
Discharged employee cannot recover damages for loss of disability benefits on top of damages for wrongful dismissal
A discharged employee cannot recover damages for loss of disability benefits in addition to damages for wrongful dismissal, the Ontario Court of Appeal held in a decision issued on January 10, 2006. Awarding such damages would constitute double recovery, the court said. [more]
Appeals Court reverses “chilling” decision on class action certification
In its recent unanimous decision in Pearson v. Inco., the Ontario Court of Appeal overturned the decision of Superior Court Justice Ian Nordheimer that had refused to certify an environmental class proceeding against Inco Ltd. and made a substantial costs award against the representative plaintiff that many observers characterized as having a 'chilling' effect on future class proceedings. [more]
Ontario’s top court overturns securities class action judgment against Danier Leather
In a unanimous decision written by Laskin JA and released late yesterday, the Ontario Court of Appeal overturned Canada’s first-ever class action judgment in favour of investors arising from misrepresentations by a corporation prior to its initial public offering ("IPO"). [more]
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