Focus On



Monday, November 22, 2021 @ 11:51 AM

More details needed to assess Ontario’s labour amendments Puzzle workers

The Ontario government’s proposed Working for Workers Act, 2021 contains some employee-friendly provisions including the right to disconnect and a general prohibition vitiating non-competition clauses. However, the employment bar will need more details to determine if it can deliver on its promises or if it is simply window dressing. ... [read more]

Monday, November 22, 2021 @ 8:28 AM

B.C. court won’t require further medical assessment for alleged elder abuse victim Doctor assessing old person

Where there is an allegation of elder abuse (for example, undue influence), it is often a loved one who discovers and seeks to remedy the abuse on behalf of the victim. If a person is susceptible to elder abuse, then in many cases they will not be inclined to take the necessary steps on their own to remedy the abuse. In B.C., a proceeding brought by a person under legal disability must be started by his or her litigation guardian. Accordingly, someone may commence an action on behalf of a victim of elder abuse, if that victim is a person under legal disability. ... [read more]

Friday, November 19, 2021 @ 8:26 AM

Do ‘prospects of success’ determine when limitation clock runs? Starters gun going off

In Ontario, under s. 5(1)(a)(iv) of the Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the Act), the two-year limitation period for most civil lawsuits starts when the plaintiff knows that an action would be an “appropriate means” to remedy their loss. ... [read more]

Thursday, November 18, 2021 @ 9:37 AM

Using language to make wills more inclusive List of inclusive pronouns

This past summer, history was made at the 2020 Tokyo Olympics when Canadian soccer player, Quinn, became the first openly transgendered and non-binary athlete to not only compete at the Olympics, but also to win an Olympic medal (which happened to be gold, by the way). ... [read more]

Thursday, November 18, 2021 @ 8:37 AM

Manitoba Court of Appeal on scope of collective bargaining protected by Charter White collar strikers

In early 2015, the Supreme Court of Canada released a trio of rulings, now known as the New Labour Trilogy, which either decided, or re-affirmed, that the three foundational labour rights recognized in international law — the right of employees to organize into a union, the right to strike and the right to collectively bargain — are associational rights protected by s. 2(d) of the Charter of Rights and Freedoms. ... [read more]

Thursday, November 18, 2021 @ 7:37 AM

Comparative advertising, s. 22 of the Trademarks Act Wine and grapes

A recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Act can apply to comparative advertising (Constellation Brands US Operations Inc. c. Société de vin internationale ltée 2021 QCCA 1664). ... [read more]

Wednesday, November 17, 2021 @ 12:54 PM

Is Canada’s flight ban constitutional? No airplanes sign

Effective Oct. 30, 2021, any traveller over 12 years of age either had to be fully vaccinated against COVID-19 to board a domestic or international flight in Canada or obtain a negative COVID-19 molecular test within 72 hours of their scheduled flight (see: R v. Nikal, [1996] 1 S.C.R. 1013 at para 96). After a one-month short transition period, travellers may no longer show a valid COVID-19 test. ... [read more]

Tuesday, November 16, 2021 @ 2:42 PM

Will future cars require mandatory alcohol locks? Alcohol lock device

A person buying a new car in 1970 would scarcely believe that seatbelts would be mandatory safety equipment by the end of the decade. The 90s brought airbags. The 2000s brought back-up cameras in every new car being produced, something that would have seemed technologically impracticable 15 years ago. These safety features tend to be introduced in higher-end vehicles but then end up being adopted as mandatory in the years to follow. ... [read more]

Tuesday, November 16, 2021 @ 1:18 PM

Likely measure of damages for revenge porn, other invasion of privacy torts: Alberta authority Closeup of fingers typing on keyboard, with lock icon

In parts one and two of this article we established the framework for tortious damages for revenge porn — the distribution of sexually explicit images or videos of individuals on the internet without their consent — and other invasion of privacy torts. We discussed the damages meted out in the seminal cases for such torts, and in this part will look at recent Alberta authority which adopts the common law tort of public disclosure of private facts, and the measure of damages awarded.  ... [read more]

Tuesday, November 16, 2021 @ 11:12 AM

The future of tax audits looks digital Futuristic pen and paper with icons

As businesses worldwide invest in data science, so do the tax authorities. The Canada Revenue Agency has made significant investments in advanced analytics that would allow them to gather data and perform audits. It is safe to assume that tax audits of the future will be designed to analyse accounting data, not boxes of paper documents or PDF copies. ... [read more]