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Tuesday, January 16, 2018 @ 9:00 AM

A warning from the Divisional Court: call before you pave

On Nov. 30, 2017, the Divisional Court released its decision in Hammer v. Kirkpatrick 2017 ONSC 7150. This case was an appeal from a January 2017 unreported, oral decision of the small claims court, in which the deputy judge dismissed the plaintiffs’ claim in nuisance for damages arising from redirected water flow. ... [read more]

Monday, January 15, 2018 @ 8:29 AM

A torrent of claims: Preparing for a new era in copyright torrent_copyright_sm

It might start with a notice or two. There is a first Doe, and another, and then a Norwich order or two. Finally, a statement of claim arrives at your client’s doorstep. Another torrenting action is launched, and your client must respond. his used to be an unlikely scenario. Now, the Supreme Court is set to hear a case about $150 that could change the trend of copyright enforcement in Canada. ... [read more]

Friday, January 12, 2018 @ 9:47 AM

The Tax Court of Canada’s exclusive jurisdiction

The issue of choosing the correct court has been a problem for lawyers for 200 years, and it remains a concern when dealing with the Canada Revenue Agency (CRA). ... [read more]

Friday, January 12, 2018 @ 9:33 AM

Reduce costs and delays, improve outcomes in disability insurance litigation

Typical LTD litigation is a lengthy, expensive affair, marked by largely irrelevant pleadings, disputes with respect to documents, protracted discoveries and acrimonious mediation. Counsel need to explore methods, on a case-by-case basis, in order to find the most effective means by which these cases can either be settled or brought to trial. ... [read more]

Thursday, January 11, 2018 @ 8:54 AM

Surrey Six massacre: The defence lawyer who knew too much confidential_informant_sm

The public is rarely if ever content with the administration of justice. The Surrey Six massacre is known for being one of the most horrific gang killings in Canadian history. The reaction to the stay of proceedings was public outrage. Close to but not quite Ghomeshi level. The judgment is unpopular but just and necessary in a case that came to be defined by confidential informants, police misconduct and trial fairness. ... [read more]

Wednesday, January 10, 2018 @ 9:51 AM

Minimum wage hikes: Clawing back employee benefits

Recent changes to the Employment Standards Act has increased payroll costs for many Ontario employers. Employers who employ workers who are paid the minimum wage are disproportionately impacted by these changes. It was recently reported that a Tim Hortons franchisee eliminated paid breaks and paid employee benefits in response to these changes. This is one possible response to these increased payroll costs. ... [read more]

Wednesday, January 10, 2018 @ 9:26 AM

Canada’s provincial business immigration programs turn to two-step process

Provincial entrepreneur programs increasingly require candidates to spend up to two years in Canada on a conditional temporary work permit before being issued a nomination for permanent residence. ... [read more]

Wednesday, January 10, 2018 @ 8:40 AM

Net neutrality: Ensuring free flow of information while protecting ISP networks

Net neutrality received considerable attention at the end of 2017 after the announcement from the U.S. Federal Communications Commission stating its intention, and later its decision, to repeal U.S. net neutrality regulations passed by the Obama administration. At present, there appears to be little appetite for similar action scaling back of net neutrality from the Canadian government or the CRTC. ... [read more]

Tuesday, January 09, 2018 @ 8:59 AM

The smart approach to foreign exchange in accounting of profits cases foreign_exchange_sm

The accounting of profits award in Dow Chemical Co. v. Nova Chemicals Corp. 2017 FC 350 is one of the largest awards for intellectual property infringement in Canadian history ($644 million). I have written about some aspects of the case previously; in this article, I will discuss Justice Simon Fothergill’s treatment of the issue of foreign exchange rates. ... [read more]

Tuesday, January 09, 2018 @ 8:51 AM

Latest federal housing strategy ambitious but implementation questionable

In November 2017, the federal government announced details of its National Housing Strategy, pledging a $40 billion investment to be shared between the federal, provincial and territorial governments over a 10-year period. Criticisms of the strategy include the lack of a plan to address entry into the housing market for the middle class, especially in large urban areas. The plan also does not directly address soaring rental market pressures created by short-term rental units offered through platforms such as Airbnb. ... [read more]