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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]

Tuesday, January 09, 2018 @ 8:38 AM

The laws of traction: Athletic footwear and risk of injury football_cleats_sm

The morning after the Toronto Argonauts defeated the Calgary Stampeders for the 2017 Grey Cup, the CFL published an article titled “Shoe change helps Argos ‘sneak’ up on Stamps,” highlighting the impact a change in footwear had on the Argos’ play. This may have left fans wondering: if the Argos had cleats with better traction, why wouldn’t they always wear them? ... [read more]

Monday, January 08, 2018 @ 9:40 AM

A question of ‘matter’ and the stay provisions of the domestic Arbitration Act

The domestic Arbitration Act of most common law provinces shares a number of similarities. This is in large part due to the fact that they are all inspired from the UNCITRAL Model Law.  A number of these provincial Acts contain a provision that allows the courts to stay of proceeding before the courts on matters that are dealt with in an arbitration agreement and allow the reminder of the proceeding to continue before the courts. ... [read more]

Monday, January 08, 2018 @ 9:25 AM

Multiple hospital suicides result in legal action

Sadly, the death of a patient while under suicide watch in hospital is not a rare occurrence in Canada. In 2014 it is believed that there had been approximately three hundred deaths over ten years involving suicidal patients who were supposed to be on strict watch. Ninety-eight of those cases occurred in Ontario. Despite these mounting deaths, a coroner's inquest is rarely called in Ontario for in-hospital suicide deaths ... [read more]

Friday, January 05, 2018 @ 8:30 AM

Provincial safeguards for national class actions canada_provinces_sm

For decades, there has been a tension between provinces regarding the scope of proposed national class actions. For example: Is a national class permitted under the existing provincial legislation? If so, is a national class constitutional? What credence should be given to competing putative or certified class proceedings that are ongoing in other jurisdictions?   ... [read more]

Thursday, January 04, 2018 @ 9:18 AM

Ontario’s ‘fair’ auto insurance plan fails to address systemic imbalance for victims

The government's framework includes standard treatment plans for common injuries and independent examination centres to reduce disputes, and it addresses contingency fees and fraud. But it needs to go back to the drawing board to truly assist accident victims. ... [read more]

Thursday, January 04, 2018 @ 8:36 AM

Guidance on economic sanctions aims to help charities with due diligence

The Office of Financial Sanctions Implementation in the U.K. has released materials that can assist charities in Canada dealing with financial sanctions against countries in which they operate. ... [read more]