Showing posts with label Justice David M. Brown. Show all posts
Showing posts with label Justice David M. Brown. Show all posts

Thursday 6 January 2022

Advocacy for Better Advocacy: The Right to Reply Factums in Civil Cases

Should parties on civil appeals be permitted to file “Reply Factums” without seeking leave of the court?

In Prism Resources Inc. v. Detour Gold Corporation, 2022 ONCA 4, Justice David Brown of the Court of Appeal for Ontario expressed his strong preference that they should.

Thursday 26 February 2015

“Bridging” Employee to Retirement is an Inappropriate Method by which to Calculate Reasonable Notice says ONCA

How are trial judges to calculate the amount of reasonable notice to which a suddenly unemployed employee is entitled? In yet another decision to reinforce the position that the analysis set out in Bardal v Globe and Mail remains the preeminent method by which to calculate the same, Arnone v. Best Theratronics Ltd., 2015 ONCA 63 (CanLII), the Court of Appeal for Ontario disapproved one judge’s approach of calculating the amount of time it would take to ‘bridge’ the employee to an unreduced pension.