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Analysis

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Wednesday, May 08, 2019 @ 8:33 AM

Cutting legal aid for refugee claimants is lose-lose cutting_money_sm

The first time I worked on a refugee file was in 1983. As a law student at Osgoode Hall Law School’s Community and Legal Aid Services Program, I interviewed a young man who came into the clinic. He had escaped a repressive African country where he was imprisoned and tortured because he attended a peaceful demonstration. My supervisor ended up instructing me to refer him to a lawyer who could take on his case with a legal aid certificate, because the matter was too complex for a law student to handle. ... [read more]

Tuesday, May 07, 2019 @ 9:20 AM

Brexit: A new life for the U.K. Brexit

Brexit could be the groundbreaking situation which creates a sudden wealth for Canadian lawyers as the U.K. government is facing a shortage in lawyers who can effect trade negotiations as it is carefully reaching a decision to leave the European Union (EU). ... [read more]

Tuesday, May 07, 2019 @ 8:57 AM

The questionable validity of the pour-over clause money_pour_sm

A clause that is valid in some U.S.  jurisdictions is being disputed in Canada as seen in the recent decision Quinn Estate 2018 BCSC 365. This case discusses pour-over clauses in a will. A pour-over clause makes a gift under a will to an existing trust. The terms of that trust is not defined in the will. While in several the U.S. states the pour-over clauses have been held to be valid, case law in Canada suggests otherwise. ... [read more]

Monday, May 06, 2019 @ 9:02 AM

Cannabis Control Act: Protecting commercial landlords cannabis_dispensary_sm

With the legalization of recreational cannabis, there has been a flurry of activity relating to the enforcement of non-licensed or illegal cannabis storefronts or “dispensaries.” The enforcement is being effected under the authority of the Cannabis Control Act, 2017, S.O. 2017, c. 26, Sched. 1 (CCA), with municipalities as the enforcer(s) using delegated authority from the province of Ontario. ... [read more]

Friday, May 03, 2019 @ 12:39 PM

Migrant workers fight back through courts, law reform advocacy silhouettefarmer_jpg

Migrant workers Maila Ceguerra, Lourdes dela Pena, Jesse Veneranda and Marisol Bobadilla have filed an Ontario small claims court action against recruitment agency Link4Staff Inc and their former employer Sharon Mushroom Farm. In addition to this civil action, Laxman Marsonia, the farm owner, faces human trafficking and misrepresentation-related charges under the Immigration and Refugee Protection Act. ... [read more]

Friday, May 03, 2019 @ 10:20 AM

Gear up for ‘prompt payments’ in construction on October 1 fast_payment_sm

The Construction Lien Act (now the Construction Act) received significant amendment last year. Those changes were the subject of a flurry of attention which has come and gone. We are now at the calm before the storm. ... [read more]

Thursday, May 02, 2019 @ 2:45 PM

Making autonomous cars trustworthy Wi-ficars

Self-driving cars have finally made the jump from science fiction to reality. ... [read more]

Thursday, May 02, 2019 @ 11:58 AM

CEO vicariously liable under Canada’s anti-spam law receives $100,000 fine phishingscheme_sm.jpg

The Canadian Radio-television and Telecommunications Commission (CRTC) recently issued a penalty of $100,000 against Brian Conley, the president and CEO of a group of businesses known as the nCrowd companies. ... [read more]

Thursday, May 02, 2019 @ 9:50 AM

Impact of H-1B visa changes for Canadian workers, U.S. employers canada_u.s._sm

Any employer who has been through the H-1B visa filing process over the last several years is likely to agree that the petitioning process has become a bit of a nightmare. The process is plagued by long delays in adjudication — or even, in knowing whether their petition was selected for adjudication in the annual lottery for H-1B visas held by the U.S. government. ... [read more]

Thursday, May 02, 2019 @ 9:01 AM

The story behind Privacy Commissioner’s investigation of Facebook lying_facebook_sm

For the second time in a decade, the Office of the Privacy Commissioner of Canada (OPC) has investigated Facebook, Inc. (Facebook) for alleged failures to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). And, just as was the case in 2009 with respect to third-party applications, the OPC concluded that the complaints against Facebook were well-founded and unresolved. ... [read more]