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Wednesday, November 20, 2019 @ 1:02 PM

Considerations in concussion, mild traumatic brain injury cases Rope-shaped brain

One of the challenging factors in managing concussion/mild traumatic brain injury cases is that often there is very little objective evidence. Careful management and presentation of these claims is paramount. A helpful exercise is to review concussion/mild traumatic brain injury cases that have gone before the courts. ... [read more]

Wednesday, November 20, 2019 @ 12:39 PM

Bumping up small claims court limit streamlines access to justice small_dollar_sm

As business costs and daily living expenses increase along with a growing population, the number of claims and the money being claimed by litigants in civil proceedings has been drastically on the rise. In response to this the Ontario government has recently announced that it will be increasing the amount litigants can claim in the Ontario small claims court from $25,000 to $35,000 on Jan. 1, 2020. ... [read more]

Wednesday, November 20, 2019 @ 12:36 PM

Ontario’s auditor general misses boat on Tarion Hirisesunderscrutiny

Ontario Auditor General Bonnie Lysyk, after extensive review of the existing structure and inner workings of Tarion Warranty Corporation, issued a report on Halloween with 32 recommendations for major changes to the corporation, in addition to the restructuring of the corporation that will divide the regulator from the warranty administrator.  ... [read more]

Wednesday, November 20, 2019 @ 8:26 AM

When can beneficiary of a trust enforce rights of trustee in equity? check_mate_sm

Subject to certain exceptions, as a general rule, only an executor, administrator and/or trustee of an estate or trust has standing to commence proceedings on behalf of the estate or trust (Joncas v. Pennock and Durstling, 1959 A.J. No. 48; Maddess v. Racz et al., 2006 BCSC 642 at para. 15). ... [read more]

Tuesday, November 19, 2019 @ 3:07 PM

Termination for defamation: HR tips to avoid Cherry scenario Poppy

You don’t keep an employee for long if they don’t have a positive impact on your business, and 38 years of Coach’s Corner would indicate that hockey broadcaster Don Cherry was good for Hockey Night in Canada. He clearly had a positive impact on TV ratings over the years and was an asset for his employer. But sometimes good things end and for Cherry it came in the form of a rant which many viewers took as anti-immigrant. ... [read more]

Tuesday, November 19, 2019 @ 2:22 PM

How business owners can avoid problem of double dipping Arrow on greenboard

In Boston v. Boston 2001 SCC 43, the Supreme Court of Canada addressed the issue of “double dipping” or “double recovery,” where an asset is included in a spouse’s net family property for equalization and also as income for support purposes. ... [read more]

Tuesday, November 19, 2019 @ 12:38 PM

How Punky the dog got to Supreme Court Punky2sm.jpg

In April 2019, I wrote about Punky Santics, Canada’s everydog and his B.C. Court of Appeal case and our client’s fight to get him off dog death row.  ... [read more]

Tuesday, November 19, 2019 @ 12:32 PM

In defence of transactional common interest privilege top_secret_sm

On Oct. 31, 2019, The Lawyer’s Daily published “Transactional common interest privilege: Not over till it’s over”, by Alexander Gay. Commenting on the Federal Court of Appeal’s decision in Iggillis Holdings Inc. v. Canada (M.N.R.) 2018 FCA 51, Gay calls out Bay Street for its misplaced confidence that the threat to transactional common interest privilege created by the lower court Iggillis decision (2016 FC 1352) has been neutralized by the Federal Court of Appeal’s reversal of that decision. He suggests that transactional common interest privilege “undermines the administration of justice,” and that it is only a matter of time before this “orphan privilege” is once again challenged in Canadian courts. ... [read more]

Tuesday, November 19, 2019 @ 9:16 AM

Kardashians cashing in catchprases in trademark law RiseandShinesign_sm.jpg

Love them or hate them, there is no denying that the Kardashian-Jenner clan is a pop culture phenomenon. ... [read more]

Tuesday, November 19, 2019 @ 8:48 AM

Ontario changes immigration laws to tackle truck driver shortage truck_driver_sm

Earlier this year, the Ontario government introduced changes to the Ontario Immigration Act, 2015 that included a new immigration stream for transport truck drivers. Under this new stream, individuals intending to live in Ontario and work as transport truck drivers may now qualify to apply to the Ontario Immigration Nominee Program (OINP) for support in obtaining permanent residence status in Canada. This has been a welcome response to Canada’s long-haul truck driver shortage crisis. ... [read more]