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Monday, September 17, 2018 @ 9:39 AM

Pretrial conference: Play by the Rules or pay the price pretrial_conference_sm

Pretrial conferences are an important and mandatory step in the civil litigation process in Ontario. In addition to potential case management steps, one of their principal purposes is to explore the possibility of settlement. For this purpose to be achieved, each side must come to the conference fully acquainted with the facts and legal issues in the proceeding. ... [read more]

Friday, September 14, 2018 @ 11:59 AM

Avoiding the contagion of divorce gossiping

A relatively new study suggests that the divorce of a friend or close relative dramatically increases the chances that you too will divorce. A research team from Brown University, Harvard University and the University of California found that “you’re 75 per cent more likely to become divorced if a friend has divorced, and if a friend of a friend is divorced your odds of getting a divorce increase 33 per cent.” ... [read more]

Friday, September 14, 2018 @ 9:03 AM

Too darn hot: mandating max residential temperatures hot_apartment_sm

Residential landlords in Ontario are required to ensure that all habitable areas of a residence are maintained at a temperature of at least 20 degrees Celsius, pursuant to section 15 (1) of O Reg 517/06 made under the Residential Tenancies Act, 2006 SO 2006 c. 17 (the RTA). The law is much less clear regarding the obligation of a residential landlord when it comes to the provision of cooling of residences. ... [read more]

Thursday, September 13, 2018 @ 11:26 AM

Potential issues facing the emerging death care industry 3candles1out_sm.jpg

While medical assistance in dying gets all the attention these days, one of the trends I’ve been monitoring is the emergence of a “death care” industry in Canada. While still predominantly a grassroots movement, these are individuals operating outside the health sector who offer a wide range of death-related services to dying persons and their families. Some of these services are essentially various forms of support and companionship at the end of life: providing community resources, offering spiritual care and communicating with distant relatives. ... [read more]

Thursday, September 13, 2018 @ 10:55 AM

Challenging a competitor’s patent application with prior art copieddesigns.jpg

If a competitor files a patent application in the patent office on an unpatentable invention, the patent office should do its job and reject the patent application. However, patent examiners are working with limited time and resources for prior art searching and examination. Often, examiners are not aware of all the potentially relevant prior art. It is possible for a third party to assist the patent office to invalidate a competitor’s patent application before it becomes a granted patent that could be used to start a nuisance patent infringement lawsuit. ... [read more]

Thursday, September 13, 2018 @ 9:20 AM

Arbitration appeal: Jurisdictional argument or collateral attack arbitration_dispute_sm

The recent case of Alectra Utilities Corporation v. Solar Power Network 2018 ONSC 4926 illustrates the difficulties that can arise in distinguishing between an allegation that an arbitrator lacked jurisdiction, from an allegation that the arbitrator simply made a wrong decision. ... [read more]

Wednesday, September 12, 2018 @ 11:55 AM

Health and life insurance issues surrounding legalization of cannabis manontightrope.jpg

The government of Canada recently announced that Bill C-45 on the legalization of recreational cannabis (Cannabis Act) and its regulations will officially come into force on Oct. 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework. This second article in a two-part series provides an overview of the main risks and coverage issues related to the legalization of cannabis that will need to be assessed by damage insurers. (Read part one here.) ... [read more]

Wednesday, September 12, 2018 @ 8:42 AM

Employment discrimination based on citizenship discrimination_immigration_sm

Canadian citizens and permanent residents have an unrestricted right to work for any employer in Canada. Non-citizens’ right to work is restricted by a statutory requirement to obtain a work permit. When employers make a distinction between job candidates on the basis of a person’s immigration status it may lead to an allegation of discrimination on the basis of citizenship, a prohibited ground of discrimination under the Human Rights Code (Code). ... [read more]

Tuesday, September 11, 2018 @ 12:49 PM

Cat declawing: No longer acceptable, often illegal kittycat

People are often surprised to learn that Canada has some of the worst animal protection laws in the western world. Our professed identity as a kind and compassionate country hasn’t trickled down to animals — yet. But there’s reason to be optimistic. As we continue to become more attuned to the emotional and cognitive abilities of animals, and their capacity to experience pain, our legal and political systems are being forced to respond. ... [read more]

Tuesday, September 11, 2018 @ 12:32 PM

Survey will reveal how well apps support human solutions to co-parenting issues parentingapps_sm.jpg

Working as director of the graduate diploma in conflict resolution program at Carleton University’s Department of Law and Legal Studies, I am grateful to have received a $45,000 research grant from the Law Foundation of Ontario’s Access to Justice Fund to take a closer look at the practice. Over the next year, I will be circulating surveys and asking questions of those of you who are experts in the field of family law to learn more about your experiences. I look forward to hearing from you! ... [read more]