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Wednesday, May 11, 2022 @ 10:16 AM

High-conflict divorce and ‘right to silence’ Two people looking away

It’s often been said: Communication is the cornerstone of good relationships. Conversely, a lack of communication can be the hallmark of bad ones — and often contributes directly to their demise. ... [read more]

Wednesday, May 11, 2022 @ 9:55 AM

Attention employers: Expect surge in at-home worker claims Bad Back

Workers injured on the job are generally in a good position to make a claim against their employer for compensation. But what if they are working from home when the injury occurs? They may have a good argument for filing a claim, but every case will be very fact-specific. ... [read more]

Tuesday, May 10, 2022 @ 2:28 PM

Product liability causes of action in 2022 Cardboard box with a question mark in it

Product liability causes of action, including in negligence, breach of express warranty and breach of implied warranty under consumer protection legislation, are staples of both individual actions and class actions. Recent decisions in this area continue to shape its evolution, as discussed below. ... [read more]

Tuesday, May 10, 2022 @ 2:27 PM

Rationale for concurrent sentencing headwithbars

A 30-year-old Nova Scotian named Travis James Terry Laing loved guns. He had two semi-automatic rifles, four long guns and a .22-calibre lever action rifle. They would have been owned legally if Laing had a Possession and Acquisition Licence which he did not. His encounter with the law did not come from being an unlicensed firearms owner; it came from his wanting to show off and impress others capturing his shooting activities on video that he kept on a USB stick near his computer. ... [read more]

Tuesday, May 10, 2022 @ 10:39 AM

Trust in digital health: Guidance from Ontario’s Information and Privacy Commissioner Man going through digital portal meeting doctor

One year ago, the Information and Privacy Commissioner of Ontario (IPC) released its five-year vision for advancing key access and privacy issues in the province. The IPC identified “Trust in Digital Health” as one of four strategic priority areas, with a stated goal of promoting confidence in the digital health-care system by guiding health-care providers to respect individual privacy rights and supporting the responsible use of data for research and analytics. A fundamental part of achieving this goal is the IPC’s continued enforcement of compliance with Ontario’s Personal Health Information Protection Act (PHIPA). ... [read more]

Tuesday, May 10, 2022 @ 10:36 AM

Appeal Court decision prompts employers: Monitor overtime Manandwoman

The recent Ontario Court of Appeal ruling in Fresco v. Canadian Imperial Bank of Commerce 2022 ONCA 115 should prompt employers to reassess their workplace policies on overtime and recordkeeping practices. While the decision doesn’t seem to have garnered much attention, it should. Overtime is an important issue and it comes up regularly. ... [read more]

Tuesday, May 10, 2022 @ 9:44 AM

New bill enfeebles 50-year-old Great Lakes Water Quality Agreement, spurs new activism Great Lakes

Fifty years ago, on April 15, 1972, then President Richard Nixon and then Prime Minister Pierre Trudeau signed the Great Lakes Water Quality Agreement (GLWQA) between Canada and the United States. While they were on Parliament Hill signing this agreement, demonstrators were on nearby streets protesting the Vietnam War and calling for the liberation of Canada from U.S. influence. Despite these tensions between Canada and the U.S., the two countries took this precedent-setting step of committing to work together “to restore and enhance water quality in the Great Lakes System.” ... [read more]

Tuesday, May 10, 2022 @ 8:43 AM

Duty to defend in Quebec: New regulation proposing framework for derogations to Civil Code Fancy pen writing

On April 20, the Quebec government published the long-awaited Regulation entitled Regulation respecting categories of insurance contracts and insured parties that may derogate from the rules of articles 2500 and 2503 of the Civil Code. ... [read more]

Monday, May 09, 2022 @ 2:54 PM

Limits on security when cancelling certificate of pending litigation Coins stacked from small to large

In real estate litigation, a certification of pending litigation (CPL), also called a lis pendens, can be a powerful tool. ... [read more]

Monday, May 09, 2022 @ 1:25 PM

Decision considers just cause, wilful misconduct, consequences of litigation misconduct Fired guy

In Render v. ThyssenKrupp Elevator (Canada) Limited  2022 ONCA 310, released on April 20, 2022, the Ontario Court of Appeal divided success between an appellant employee whose challenge to his dismissal for cause was unsuccessful and a respondent employer which ended up on the hook for eight weeks’ statutory termination pay and which saw its award of over $70,000 in trial costs wiped away. ... [read more]