Thursday, January 23, 2020 @ 10:39 AM
U.S. China phase-one trade deal: Stronger China IP regime in making
After almost two years of hostilities, on Jan. 15, 2020, China and the U.S. signed an agreement on a phase-one trade deal easing tensions between the world’s two biggest economies. Intellectual property issues form an important part of the agreement. ... [read more]
Thursday, January 23, 2020 @ 10:13 AM
Good class action defence may lead to strong offence
A defendant fighting a class action will often feel that it cannot afford to leave any stone unturned when presenting evidence to defeat a certification motion. After all, a defendant can rid itself of what may be costly litigation if it can show that there is no “basis in fact” for the existence of an identifiable class, common issues and a suitable representative plaintiff, or if the defendant can demonstrate that a class proceeding would not be the preferable procedure. But can a defendant make a tactical mistake by filing too much evidence on such a motion? A recent Ontario case has answered that question in the affirmative. ... [read more]
Wednesday, January 22, 2020 @ 12:33 PM
What is a household?
Traders General Insurance Company v. Gibson 2019 ONCA 985 clarifies the law with respect to who qualifies as a member of a household, but the analysis remains very fact-driven. One cannot help but anticipate further disputes in this area, given the increasing prevalence of non-traditional living arrangements, particularly in large Canadian cities.
... [read more]
Wednesday, January 22, 2020 @ 12:02 PM
Key employment law cases in 2019
With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. In the first part of this two-part series, we discussed constructive dismissal in Morningstar v. Hospitality Fallsview Holdings Inc. 2019 ONWSIAT 2324 and the definition of dependent contractors in Thurston v. Ontario (Children’s Lawyer) 2019 ONCA 640. What follows are the remaining three cases. ... [read more]
Wednesday, January 22, 2020 @ 10:42 AM
Who’s afraid of big bad U.S. immigration policies?
The U.S. system of immigration is, right now, a story of well-intentioned players and the wolf lurking in the woods. While the media loves to focus on asylum and refugee issues, the impact of shifting U.S. immigration policies on businesses is being largely ignored on the pages of history. It’s a dangerous oversight, and one that will likely come back to bite the U.S. if policymakers are not savvy enough to see that their policies might devour what they love most — economic success and the country’s position as the home of some of the most successful businesses in the world. ... [read more]
Tuesday, January 21, 2020 @ 8:20 AM
Disability support: Guardianship applications
Under Ontario law, adult capacity is task-based rather than diagnosis-based. The upshot is that an individual’s required level of capacity can vary depending on the nature of the decision to be made. For example, having capacity to make a will or power of attorney (POA) is different from having capacity to manage property and finances or make personal care decisions.
... [read more]
Monday, January 20, 2020 @ 3:18 PM
Be mindful when breach of broker’s duties occurs
A recent case from Alberta, Duraguard Fence Ltd. v. Badry 2019 ABQB 783, warns of the dangers of breaching broker duties when an insurance broker fails to consider the insured’s loss history and foreseeable claims while placing insurance coverage. ... [read more]
Monday, January 20, 2020 @ 2:10 PM
Amicus curiae in private family law cases
The Ontario Court of Appeal has enunciated the principles governing the appointment of amicus curiae (friend of the court) in private family law cases — and the message from Morwald Benevides v. Benevides 2019 ONCA 1023 is unequivocally that appointments in such cases should be the exceptions to the rule. ... [read more]
Monday, January 20, 2020 @ 1:52 PM
Landmark copyright decisions in 2019
The year 2019 was very interesting in the copyright world with several significant decisions being released. In part one and two of this series we discussed assessing when infringement of an artistic work occurs and the subsistence of copyright in a compilation as well as granting Norwich orders. ... [read more]
Monday, January 20, 2020 @ 11:05 AM
Saucy tweet results in for cause termination of employee
Fastenal Canada terminated B.C. employee Hussien Mehaidi for expressing his outrage on Twitter for the company’s Christmas gift of Gets Sauced BBQ sauce and a company branded wooden scraper. ... [read more]