Focus On

Analysis

Latest

Monday, January 20, 2020 @ 8:36 AM

Statutory damages in franchise disputes scales_money_sm

Statutory damages under provincial franchise legislation provide for rescission reimbursement, damages caused by misrepresentation or failure to comply with disclosure obligations, damages for breach of the duty of fair dealing and damages for breach of the right to associate. ... [read more]

Friday, January 17, 2020 @ 1:54 PM

Will carbon majors have to pay for climate damage? It’s quite possible Earth melting to water

When at risk of being forced to act by the courts, Canadian governments may choose to make the carbon majors pay instead of taxpayers. Governments have many ways to make the carbon majors pay for climate damage, including administrative orders under existing legislation. But is there a more direct route? ... [read more]

Friday, January 17, 2020 @ 1:04 PM

Top Ontario employment law cases of 2019 briefcase

Last year was a year full of changes in employment law. Aside from the many legislative changes on both the provincial and federal fronts, our courts (and some administrative tribunals) created new law, affirmed existing legal concepts and overturned others. With 2019 firmly behind us, we reviewed the top cases of 2019 and narrowed our selection of the top five cases to the following, in no particular order of importance. Two cases will be addressed in this first part of a two-part series, three others in part two. ... [read more]

Friday, January 17, 2020 @ 7:52 AM

The Sussexes are coming: Immigration and the Royals Crown_gold_sm

On Jan. 13, 2020, Queen Elizabeth released a statement announcing a period of transition in which Prince Harry, Duke of Sussex and Meghan Markle, Duchess of Sussex and their young son, Archie, would spend time in Canada and the U.K. ... [read more]

Thursday, January 16, 2020 @ 1:44 PM

The other over 80 Senior driver

Ask a criminal lawyer about driving over 80 and they will immediately launch into a diatribe about Charter protections, the intersection of criminal and regulatory law, the difference between impairment and legal limits or, God forbid, war stories from their career. ... [read more]

Thursday, January 16, 2020 @ 11:01 AM

Lawful duress, abuse of dominant position in obtaining waiver Paperplanes

The recent Quebec Court of Appeal decision Hydro-Québec v. Construction Polaris Inc. 2019 QCCA 990 dealing with unlawful duress and the ensuing annulment of a waiver can be compared with the common law approach. While it is important for the court to determine whether the party relying on the waiver or transaction was in good faith or not as to the legality of its actions, bad faith remains an elusive evidentiary concept in a commercial context. ... [read more]

Thursday, January 16, 2020 @ 8:39 AM

Rethinking the obituary in digital age: Planning and guidance digital_obituary_sm

Discussion about one’s e-mail and obituary has not been traditionally part of an estate lawyer’s conversation with the testator (or will-maker). But in the digital age, not only should digital assets and the client’s ever-expanding digital estate be part of the conversation, but so should a risk assessment of the role facing the executor. In other words, is the executor up to the task of handling the digital estate? ... [read more]

Wednesday, January 15, 2020 @ 2:32 PM

Significant 2019 copyright decisions Copyrightsymbol1.jpg

Last year was a very interesting year in the copyright world with several significant decisions being released. In part one of this series we discussed assessing when infringement of an artistic work occurs and the subsistence of copyright in a compilation. In the second and third parts, we discuss granting Norwich orders; the availability of protective orders and their scope; an ISP’s costs for complying with a Norwich order; an approach for determining when individuals are joint authors; Crown copyright; and determining when a court has jurisdiction in an action for infringement. ... [read more]

Wednesday, January 15, 2020 @ 1:54 PM

No winners when denying refugees justice asylum_canadian_flag_sm

Would it be fair to deny an accused person their day in court before a judge, and instead, sit them down with a prosecutor to decide their guilt or innocence? Should the prosecutor — not the judge — decide whether to put them in jail or let them walk free? What could justify such a step backward in our justice system? ... [read more]

Wednesday, January 15, 2020 @ 12:50 PM

Access and custody rights of extended family members Multigenerational family

In many cultures, parents, children, grandparents, aunts, uncles and even cousins often live together under one roof, playing an integral role in the upbringing of the children of the home. Upon a relationship breakdown, the close bonds these children develop with their extended family members are at genuine risk. ... [read more]