Focus On

Analysis

Latest

Tuesday, May 04, 2021 @ 11:27 AM

Springboard damages, springboard profits Businessman leaping off springboard

The infringer of a patent may continue to experience benefits or advantages after the expiry of the patent due to entering the market early, which are to the detriment of the patent holder (i.e. the springboard advantage). Part one of this article discussed these advantages and the related compensation to the patent holder (i.e. how to quantify springboard damages and springboard profits). This second part examines cases involving springboard damages or springboard profits and discusses how experts can assist in quantifying these amounts. ... [read more]

Tuesday, May 04, 2021 @ 10:41 AM

Are COVID layoffs constructive dismissals? Maybe Man fired because of COVID-19

Layoffs are spells of employees’ temporary unemployment at the employer’s instigation. Neither the Employment Standards Act, 2000 (ESA) nor common law confers upon the employer the right to a layoff. Consequently, a layoff is a contractual right. Absent an express or implied term in a contract of employment to the contrary, a unilateral layoff is a constructive dismissal that entitles employees to damages. A finding of constructive dismissal requires that the employer’s conduct evince an intention no longer to be bound by the contract. For instance, significantly reducing wages or unilaterally laying off an employee can qualify as a constructive dismissal. ... [read more]

Monday, May 03, 2021 @ 2:50 PM

B.C. court declares parentage order for parent in polyamorous relationship Polyamory symbol - Heart with infinity symbol

On April 23, a B.C. court ordered that a second mother in a polyamorous triad relationship be declared a legal parent. British Columbia Birth Registration No. 2018-XX-XX5815 2021 BCSC 767 is the first case of its kind in B.C. and groundbreaking, not only for polyamorous relationships, but also for the evolving legal concept of parentage. ... [read more]

Monday, May 03, 2021 @ 10:59 AM

Renewed potential: Regulation of offshore wind in Canada’s ocean playground Offshore windmills

Long thought to be unreliable due to inconsistent output, renewable wind energy is now primed for growth in Atlantic Canada and Nova Scotia could play a leading role. ... [read more]

Monday, May 03, 2021 @ 10:58 AM

An alternate look at new rules concerning Owner-Operator work permit Visa application in envelope

In February this year, the IRCC (Immigration, Refugees and Citizenship Canada), announced its move to abolish the special Temporary Foreign Worker Program (TFWP) for the Owner-Operator category, which allows foreign businessmen/businesswomen to gain entry to the country through a work permit by either establishing or purchasing a current business in Canada. ... [read more]

Monday, May 03, 2021 @ 10:29 AM

U.S. addressing influx of migrants at southern border Traffic lineups at U.S. Mexico border crossing

On April 22, 2021, Sen. John Cornyn (R-Texas), Sen. Kyrsten Sinema (D-Ariz.), Rep. Henry Cuellar (D, Texas-28), and Rep. Tony Gonzales (R, Texas-23) introduced the bicameral Bipartisan Border Solutions Act of 2021 in Congress. This immigration bill addresses the influx of foreign nationals at the U.S.-Mexico border — a phenomenon that has been characterized as a U.S. immigration crisis. The purpose of the immigration bill is to improve the U.S. Department of Homeland Security’s (DHS) and Department of Justice’s (DOJ) capacity to manage migration influxes. It also aims to make the asylum process more efficient, reduce impact on local communities and ensure migrants are treated fairly and humanely. ... [read more]

Friday, April 30, 2021 @ 2:36 PM

Negotiating expropriation process: Documentary production requirements Two men shaking hands over house  deal

At first blush, attending a hearing of necessity and arguing against the government’s right to expropriate your land does not seem like a good idea. After all, previous articles in this series have addressed the difficulty associated with getting an inquiry officer to agree that one’s alternative expropriation plan is “preferable.” In order to provide sufficient evidence to obtain a favourable decision, you may need to pay for your own expert witnesses to testify and submit reports. ... [read more]

Friday, April 30, 2021 @ 1:46 PM

Paying stiff price for breach of fiduciary duty Icon of a jail cell

A recent decision of the British Columbia Supreme Court, Sarzynick Estate v. Skwarchuk 2021 BCSC 443, serves as a reminder of the importance of testamentary documents, and the serious consequences that may flow where an executor breaches their duties.   ... [read more]

Friday, April 30, 2021 @ 9:58 AM

Is Brexit a Copernican business revolution? Brexit-EU chess pieces

After a quite long negotiation, Brexit was delivered in December 2020. However, the U.K. and EU reached a mere agreement in principle, leaving unanswered a lot of questions and asking new ones. The real impact of Brexit on the business relationship between the EU and U.K. is still unclear. ... [read more]

Thursday, April 29, 2021 @ 2:34 PM

Ontario estate law gets an overdue update Bullhorn and word "update"

Major legislative changes in estate law are rare. However, we appear to be on the cusp of just such a change in Ontario. On Feb. 16, the Ontario government introduced the Accelerating Access to Justice Act, 2021. Bill 245 has passed first reading and been referred to the Standing Committee on the Legislative Assembly. ... [read more]