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Monday, November 06, 2017 @ 11:13 AM

Autonomous vehicles to become great disruptor for personal injury lawyers Autonomous vehicles

With the number of car accidents expected to fall dramatically when self-driving vehicles become a part of life in Canada — even accounting for computer glitches and hacking — it follows that personal injury lawyers need to prepare for a sharp drop in business. ... [read more]

Monday, November 06, 2017 @ 9:24 AM

Decision exposes fault lines underpinning termination clauses

In North v. Metaswitch Networks Corporation 2017 ONCA 790, the Court of Appeal was recently asked to grapple, again, with a not entirely clear termination clause found in an employment agreement.   ... [read more]

Friday, November 03, 2017 @ 10:22 AM

Courts have laid strong foundation against recovering ATE insurance premiums Money

During settlement negotiations or at the end of trial, a successful plaintiff will expect to recover from the defendant some or all of the costs incurred in pursuing a claim. As defence counsel, it is necessary to consider whether all costs claimed by the plaintiff are truly recoverable disbursements. ... [read more]

Friday, November 03, 2017 @ 9:02 AM

Breaking down the headlines: Hate crimes against Muslims on the rise in Canada

Recent headlines suggest a surge in hate crimes against Muslims in Canada.  Hate crimes accord for a small percentage of crimes in Canada, specifically only 0.07 per cent (Statistics Canada, 2015).  Breaking down this number, the rise is mostly attributable to variables other than a substantive increase. ... [read more]

Friday, November 03, 2017 @ 8:37 AM

Ontario’s Commercial Mediation Act, 2010: Too important to ignore, too ineffective to keep

Six years ago, I enthusiastically blogged about the first anniversary of Ontario’s Commercial Mediation Act, 2010 (CMA), which I called “The Most Important Legislation You’ve Never Heard About.” I naively hoped the situation would soon change. Sadly, I am willing to bet that many readers of this article have still never heard of the CMA. Yet it is vital and powerful legislation. However, ignorance of the CMA may be due, in part, to its limited scope — and even its name. That’s a shame, as it represents a lost opportunity and it may, therefore, be time to reform, or replace, the CMA. ... [read more]

Thursday, November 02, 2017 @ 9:56 AM

Prevalence of cyberscams brings need for proper insurance coverage to the forefront Cyberfraud

Earlier this year, the Alberta Court of Queen’s Bench, in The Brick Warehouse LP v. Chubb Insurance Company of Canada, released the first Canadian decision to grapple with how insurance coverage should respond to social engineering fraud. ... [read more]

Thursday, November 02, 2017 @ 8:58 AM

Medical diagnostic inventions excluded from the Canadian innovation agenda medical_diagnositcs_sm

Since the 2015 release of patent examination guidelines for diagnostic methods, the Canadian Intellectual Property Office (CIPO) has rejected most patent claims for diagnostic methods. Until 2012 patents were granted for diagnostic inventions that were found to be novel, inventive and useful. In 2012, examination of diagnostic patent applications mysteriously ceased. ... [read more]

Thursday, November 02, 2017 @ 8:40 AM

When a dollar’s not a dollar: Contingent taxes on RRSPs in matrimonial disputes

Mr. and Mrs. Smith have decided to get a divorce. When couples end a marriage, an equalization payment is required that considers the value of their matrimonial assets. Mrs. Smith’s RRSP portfolio statement says her RRSP is valued at $1 million. But how much is her RRSP worth for matrimonial equalization purposes? ... [read more]

Wednesday, November 01, 2017 @ 10:40 AM

B.C. Court of Appeal outlines principles when considering relocation of children Child custody

The mere hope of providing a better standard of living for a child is not sufficient to allow for relocation, nor is it an important factor to consider when the current standard of living does not have a deleterious impact on a child. ... [read more]

Wednesday, November 01, 2017 @ 10:34 AM

Citizenship Act changes strike a good balance between the old and the new

The federal government has significantly reformed the legislation to make it easier for permanent residents to become citizens, among other changes — undoing some of the tougher rules put in place by the previous Conservative government. ... [read more]