This paper outlines the ways in which tracing may be employed by plaintiffs to recover funds or other property. Tracing is ancillary to equitable, common law and statutory remedies, including constructive trusts, equitable liens or charges and orders relating to fraudulent conveyances. Complexities may arise in tracing claims into a fund or assets to whichContinue reading “Principles of Tracing”
Precarious Work in the Modern Gig Economy: Charting a Path for Future Class-Action Litigation in Canada
Download as PDF On February 19, 2021, the Supreme Court of the United Kingdom unanimously decided that Uber drivers are “workers” for the purpose of UK employment law. This follows a recent decision a little closer to home, in which the Supreme Court of Canada cleared the way for future class action law-suits against theContinue reading “Precarious Work in the Modern Gig Economy: Charting a Path for Future Class-Action Litigation in Canada”
Opening the Door for Intrusion upon Seclusion: The Common Law Tort of Invasion of Privacy and what it means for Employers
INTRODUCTION In today’s workplace, privacy is an evolving issue and Canadian privacy law is developing rapidly. Perhaps surprisingly, only a handful of Canadian jurisdictions, (including British Columbia, Saskatchewan, Manitoba and Newfoundland) have privacy legislation that creates a statutory tort or civil right of action for invasion of privacy. Until recently, most Canadian jurisdictions couldContinue reading “Opening the Door for Intrusion upon Seclusion: The Common Law Tort of Invasion of Privacy and what it means for Employers”