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Friday, November 09, 2018 @ 8:22 AM

Cyberbullying, Norwich orders and the NHL star’s wife smartphone_info_sm

In Caryk v. Karlsson 2018 ONSC 5739, the Ontario Superior Court of Justice refused to compel Erik Karlsson’s wife to turn over evidence relating to allegations that she was cyberbullied by the partner of one of her husband’s former teammates. In doing so, Justice Anne Mullins provided an overview of the Norwich order remedy and determined that the interests of justice would not be well served by granting this type of relief. The decision confirms that Norwich orders are extraordinary remedies that may even be refused in cases involving allegations of cyberbullying. ... [read more]

Thursday, November 08, 2018 @ 2:20 PM

Changes to street checks: The good, the bad and the tardy copcarlights_sm.jpg

Between 2013 and 2014, George Knia Singh, then a law student at Osgoode Hall Law School, became a regular deputant at Toronto Police Services Board meetings. Along with many others, he urged the Toronto Police Services Board to put a stop to carding. ... [read more]

Thursday, November 08, 2018 @ 11:16 AM

Federal backstop carbon taxes are coming to Manitoba in 2019 Symbol of Manitoba

On Oct. 3, Manitoba Premier Brian Pallister announced that Manitoba would no longer include a carbon tax in the Made-in-Manitoba Climate and Green Plan. Manitoba joined Saskatchewan, Ontario and New Brunswick as the holdouts for a carbon pricing scheme. On Oct. 23, Canada indicated that the federal “backstop” carbon tax under the Greenhouse Gas Pollution Pricing Act would apply in Manitoba and outlined how the backstop carbon tax would be applied. ... [read more]

Thursday, November 08, 2018 @ 9:13 AM

Unlocking the mysteries of the ‘smart contract’ smart_contract_sm

Smart contracts are a source of intrigue and speculation among the legal profession. Counsel are well-served to understand the smart contract and position themselves to advise on whether implementation is both practicable and advantageous. In a word, smart contracts have transformational potential, but their application is not all-encompassing; there are inherent flaws and limitations. ... [read more]

Wednesday, November 07, 2018 @ 2:09 PM

Nova Scotia brings end to cosmetic surgery for companion animals Dogandcatlinedrawing_sm.jpg

In early October Nova Scotia made Canadian history by being the first province to pass powerful new animal welfare legislation to protect companion animals from unnecessary cosmetic surgeries. The new law prohibits cosmetic surgery that changes the appearance of an animal, unless it is medically required. What this means is that elective or cosmetic surgeries are no longer allowed under Nova Scotia law. ... [read more]

Wednesday, November 07, 2018 @ 11:31 AM

Aggressive pharma litigants sanctioned by massive costs award two men and pigbank

On Oct. 23, 2018, Justice Michael Phelan issued a brief nine-page decision on a motion for costs in Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2018 FC 259, that would hardly be worthy of mention if it had not awarded a whopping $3.48 million in costs to the defendants, who had successfully defended against a patent impeachment action and won their counterclaim for infringement against Hospira Healthcare Corporation and additional parties to the counterclaim (Hospira Parties). ... [read more]

Wednesday, November 07, 2018 @ 9:01 AM

Alberta decision: Re-serve formal offer or no double cost award formal_offer_sm

It is trite to state that parties who beat their formal offers in Alberta’s courts are entitled to double costs for every step taken after service of the formal offer. However, when a party has served a formal offer and is successful in its summary dismissal application before a master, recent comments from the Alberta Court of Queen’s Bench indicate it is incumbent upon that party to re-serve its formal offer in the face of an appeal to secure an entitlement to double costs after the appeal is dismissed. ... [read more]

Tuesday, November 06, 2018 @ 11:08 AM

What to do if your employee is smoking up right now Smokingwoman_sm.jpg

So Oct. 17, 2018, has come and passed and now the use of recreational cannabis has become legal across Canada as the federal Cannabis Act has come into force. New Ontario law, the Cannabis Act, 2017 (save for s. 4) also came into force. The Smoke Free Ontario Act, 2017 (SFOA, 2017) is expected to be proclaimed into force sometime shortly thereafter. ... [read more]

Tuesday, November 06, 2018 @ 9:31 AM

A hard look at Canada’s own child refugee problem child_refugees_sm

In recent months, hearts have been breaking across Canada hearing the reports of young migrant children being separated from their parents at the southern U.S. border. Personally, it has incited feelings of both sadness and repulsion — I can’t imagine what it must feel like for parents to be separated from their children as a result of inhumane immigration rules when these parents were seeking only safety and stability for their families in the first place. ... [read more]

Monday, November 05, 2018 @ 2:57 PM

Justin Trudeau’s new federal carbon tax explained smokingfactory_sm.jpg

In the 2015 Paris Agreement, Canada committed to take steps to maintain global warming at no more than two degrees Celsius than pre-industrial levels, and to aim for a target of 1.5C. As a result, the federal government and the provinces in consultation with First Nations developed the Pan-Canadian Framework on Clean Growth and Climate Change to, among other things, price and reduce carbon emissions. ... [read more]