TORONTO — An Ontario court has certified a class action against BMO Nesbitt Burns Inc. involving unpaid overtime, the latest in several such actions against Canadian banks that seek hundreds of millions of dollars.
Lawyers say the latest class action covers more than 1,500 current and former investment advisers, associate investment advisers and investment adviser trainees employed by Nesbitt Burns since 2002.
Koskie Minsky LLP and Eli Karp at Merchant Law are representing the plaintiff in the action.
TORONTO — An Ontario court has upheld the Ontario law society’s refusal to accredit a B.C. Christian university’s yet-to-open law school.
Trinity Western University had asked the Divisional Court in Ontario for a judicial review of the Law Society of Upper Canada’s decision, but the court dismissed the application Thursday.
The university’s covenant forbids sexual intimacy outside heterosexual marriage, which has led to similar legal battles for the university in other provinces.
TORONTO — Two Canadian children at the centre of a protracted custody dispute must return to Germany where their father lives over their objections and against the wishes of their mother, Ontario’s top court ruled Tuesday.
In addition, the court ruled, the father will have to provide suitable housing for the mother and children in the European country.
Just what provinces must do to ensure juries are properly representative of the population in an area will be put to Canada’s highest court Monday in a case that could change the country’s jury landscape.
At issue, as the Supreme Court of Canada kicks off its fall session, is an appeal by Ontario in the case of an aboriginal man whose manslaughter conviction was thrown out because his jury had no First Nations members.
TORONTO — Ontario’s top court has ruled that the public should fund a bid by Michael Rafferty to appeal his convictions in the murder of eight-year-old Victoria Stafford.
Appeal Court Justice Marc Rosenberg ruled today that Rafferty’s case is too complex for Rafferty to handle on his own with the assistance of duty counsel.
Rosenberg says in his decision that it’s in the interests of justice that Rafferty have a lawyer for his appeal and either Legal Aid Ontario or the government should pay.
The case of a robber who ambushed employees of an Ottawa grocery store with a pellet gun is among six cases that will be decided Tuesday by Ontario’s Court of Appeal in what could be a landmark decision on the constitutionality of mandatory minimum sentences for gun crimes.
The stakes are high for the Conservative government’s justice agenda, since a decision finding the sentences unconstitutional would effectively strike down the sentences in Ontario.
Ontario’s top court says it’s illegal to hold a cellphone while driving even if it’s not transmitting and no matter how briefly it’s in a driver’s hand.
The Court of Appeal for Ontario released a pair of decisions Friday ordering two people convicted under the Highway Traffic Act for violating the ban on using cellphones while driving.
TORONTO — Two black lawyers were correctly found to be victims of racial profiling when an administrator at a lawyers-only lounge at a courthouse asked them to identify themselves, Ontario’s top court ruled Thursday.
In a rare decision on racial profiling that does not involve law-enforcement officials, the court reinstated a human-rights tribunal ruling that found discrimination against the lawyers and their black articling student.
OTTAWA — The Supreme Court of Canada grappled Thursday with the constitutionality of Canada’s prostitution law, as demonstrators from both sides of the issue aired their views with colourful flair on its outdoor steps.
Federal lawyer Michael Morris argued that the Ontario Court of Appeal went too far last year when it struck down the Criminal Code ban on bawdy houses on the grounds that the law puts sex workers in danger by forcing them to work outside.
Several big foreign tobacco companies lost a bid on Thursday to have a $50 billion lawsuit by the Ontario government thrown out of court.
Ontario’s Court of Appeal refused their request.
The three-judge panel unanimously said it sees no legal reason to overturn a lower court ruling that the case should proceed.
Ontario launched a lawsuit against 14 tobacco companies in September 2009 to try to recoup past and present health-care costs related to smoking.