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Wednesday, July 08, 2020 @ 2:00 PM

Is ‘cybersubrogation’ future of privacy, data security and cyber litigation? U.S. experience Hand with ipad and padlock icon

There is no denying that cybercrimes are on the rise around the globe. Between June 2018 and June 2019, 53 per cent of malware attacks occurred in the United States, while 10 per cent occurred in Canada, which given its relative size, is a very large proportion. Unfortunately, these trends are predicted to continue. As a result, cyber and privacy litigation is becoming more commonplace in the United States and Canada. ... [read more]

Wednesday, July 08, 2020 @ 1:59 PM

Technology: End of the profession or a life raft lifesaver_hand_sm

In the past few years, technology has come a huge way. When you stop to think about it, the fact that many of us were able to continue working when the world locked down is a remarkable feat. Tools that help us to connect easier, to reduce dependencies on physical files, and to automate some aspects of our work have now been well and truly put to the test. There have undoubtedly been some glitches, hiccups and real challenges for us all, but the fact that by and large we were able to work through a pandemic is a huge achievement that we can attribute directly to technology. ... [read more]

Wednesday, July 08, 2020 @ 12:02 PM

Sometimes, it is just a vibe Copyright file tabs

Perhaps because treaties are signed with fanfare and media attention, they are believed to carry real weight. But the reality of international (and interprovincial) treaties is more mundane: unless a treaty is properly passed into domestic law, it is not … domestic law (and we’re left with little more than the “vibe of the thing”). ... [read more]

Wednesday, July 08, 2020 @ 10:29 AM

Navigating rampant false marking, fraud in protective equipment market mask making

There has been a significant shortage of personal protective equipment (PPE) for hospitals and consumers. Diagnostic test components and ventilators are also in short supply. Buyers need to move quickly to acquire this equipment, but there is also a heightened need for vigilance due to sellers engaging in false marking of certifications, counterfeiting and fraud. IP owners also need to be prepared to enforce against infringers and counterfeits. ... [read more]

Wednesday, July 08, 2020 @ 8:37 AM

Economic loss and allegedly flawed financial product melting_dollar_sm

Ordinarily, if a person or corporation suffers pure economic harm, the remedy is a claim for breach of contract. This places the wronged party in the same financial position as if the contract had been performed. But if there is no contract between the parties and a plaintiff suffers only economic harm, without injury to their person or property, what is the remedy? ... [read more]

Tuesday, July 07, 2020 @ 1:56 PM

Concerns for snowbirds during COVID-19: Tax U.S. dollar with mask

For most snowbirds, the border closures, executive proclamations, contradictory new stories and rarely decipherable guidance from government agencies have created a fair amount of confusion. Who may travel? What happens if you are stuck in the United States as a visitor? ... [read more]

Tuesday, July 07, 2020 @ 1:42 PM

Radioactive waste regulation at crossroads in Canada Nuclear Waste Cans

Canada has a very large amount of radioactive waste arising from decades of involvement in development and utilization of nuclear power, contribution to global weapons technology and mining and refining of uranium and nuclear fuel. This waste is in Saskatchewan, Manitoba, Ontario, Quebec and New Brunswick. Many of the sites have yet to be decommissioned or cleaned up, and much of the waste is awaiting decisions as to how it will be managed in the future. As noted by officials and scientists at a Canadian Nuclear Safety Commission (CNSC) meeting in mid-June, a significant amount of this waste will remain highly toxic to living things for up to a million years. ... [read more]

Tuesday, July 07, 2020 @ 1:09 PM

The beneficiary witness: Pitfalls of ‘do it yourself’ will witness_signture_sm

This two-part series will examine one of the most common mistakes made by people using Do It Yourself homemade wills — asking a beneficiary to witness the execution of the will. ... [read more]

Tuesday, July 07, 2020 @ 11:46 AM

Subrogation under Ontario Policy Change Form 44R: Sharing on pro rata basis Smashed car

In Tuffnail v. Meekes 2020 ONCA 340, the court determined that, when an insurer seeks to recover the amounts it paid by way of subrogation, it has to share the recovery with the plaintiff on a pro rata basis until the plaintiff receives full indemnification under the judgment. ... [read more]

Tuesday, July 07, 2020 @ 8:32 AM

U.S. Supreme Court rules Booking.com not generic; no rule against generic.com marks computercard.jpg

The U.S. Supreme Court issued a much-anticipated trademark opinion in United States Patent and Trademark Office v. Booking.com B.V. No. 19-46 (S. Ct. June 30, 2020). This case was the very first one that was argued before the court via telephone in light of the COVID-19 pandemic. ... [read more]