Toronto Law Journal /01.22
SLAPPed! A One Year Post-Mortem Following Platnick and Pointes Protection
"it appears that notwithstanding the cogent articulation of the test by the Supreme Court, judges across the province diverge on how to assess harm in the context of defamation claims for the purposes of anti-SLAPP motions." - David Elmaleh
CTV News /07.21
Independent Ontario schools launch legal challenge alleging exclusion from COVID-19 funding
The schools are asking the Divisional Court to overturn the provincial decision and order that the funding be distributed to independent schools on the same pro-rata basis as publicly funded schools.
"The Court implied that in a religious context, it is quite possible that individuals may intend for mutual obligations to be spiritually binding, but not legally binding.”
- David Elmaleh
"“Psagot Winery proudly produces ‘Products of Israel’ and will remain at the forefront of defending Israeli products in Canada and around the world.” - Aaron Rosenberg and David Elmaleh
"We expect courts to continue to be reticent to strike down public health measures,” he says. “However, it is a welcome development that these court challenges are coming forward.” - David Elmaleh
Winery wins say on ’Product of Israel’ case
"Psagot Winery’s voice will now be heard — it proudly produces products of Israel.”
- David Elmaleh
"What we're seeing across the country, is nothing short of anarchy. Employers are exploiting workers' rights for the purposes of expediency and saving the bottom dollar."
- Aaron Rosenberg
Former Canadian Supreme Court justice attacks anti-Israel group in report
"We are pleased that York University undertook such an extensive review of its policies as a result of the vile and blatant incitement of violence directed towards Herut Canada and all Jewish and pro-Israel students on campus."
- David Elmaleh
"Our immediate concern is York’s arbitrary and misguided withdrawal of Herut’s rights and privileges as a campus group... Campus groups should be at liberty to organize events without fear of intimidation or harassment."
- David Elmaleh and Aaron Rosenberg
"Psagot Winery’s wines are produced by Israelis under the auspices of an Israeli company in an Israeli community on Israeli land subject to Israeli law, in the State of Israel, and in the Land of Israel. Its wines are products of Israel.." - David Elmaleh and Aaron Rosenberg
The decision “will undoubtedly encourage BDS activists to further exploit precious judicial resources and continue to make a farce of our justice system.” - Aaron Rosenberg and David Elmaleh
“As Canadians, we must resist division and fear of minority concerns... We must celebrate the day that our Federal Court proclaimed that minorities matter. That process matters.” - David Elmaleh
“Legislatures must exercise extreme caution in any attempts to limit expression and may instead, or in addition, be wise to consider existing, available mechanisms to deter hate speech.” - David Elmaleh
“The gender wage gap is one of the most challenging and pervasive manifestations of workplace discrimination in Canada.” - Aaron Rosenberg
“We need to ensure that anyone can freely criticize on a matter of public interest when there is no malice... It is about protecting free speech.” - David Elmaleh
Ontario Court of Appeal decision answers 'big legal questions' on SLAPP suits
“Anti-SLAPP legislation in Ontario is alive and well."
Particularly intriguing, says Elmaleh, is that all six decisions were unanimous, despite the “intricate nature of the legislation and the many issues and components of the legal test.”
“This case serves as a harsh reminder for teenagers and young adults who may be romantically involved with individuals under the age of 18. It also serves as a lesson generally for any friends who may engage in sexting in the so-called selfie era.” - David Elmaleh
“Employers now have less direct control over employees,” says Elmaleh, noting that there are more contract employees and individuals working from home or other working arrangements.