Showing posts with label Justice Ian F. Leach. Show all posts
Showing posts with label Justice Ian F. Leach. Show all posts

Sunday, 6 October 2024

London Isn’t Calling – One Judge’s Discouragement of Judicial Forum Shopping

Is a plaintiff allowed to file its statement of claim in whatever city it finds most convenient, even if that place has no connection to the parties or the claim?

While Ontario’s Rules of Civil Procedure would appear to permit an action to be commenced in any jurisdiction, not all judges are as welcoming.

In The Toronto-Dominion Bank v. The Other End Inc., 2024 ONSC 5377, the Honourable Justice I.F. Leach had some thoughts on the issue.

Monday, 1 April 2013

Termination Provisions in Contract Unenforceable Without Continuation of Benefits

In a decision released in October 2011, Stevens v. Sifton Properties Ltd., 2012 ONSC 5508 (CanLII), the Honourable Justice Ian F. Leach held that where an employment contract failed to provide for the continuation of benefits throughout the applicable notice period - even though the employer actually maintained the benefits throughout the notice period - the contractual provision was of no force or effect.