Focus On



Monday, July 06, 2020 @ 1:51 PM

Employer protection from COVID-19: U.S. proposals litigation_shield_covid_sm

In the U.S. Senate, lawmakers are set to debate a bold proposal. The Republicans have publicly affirmed that they will not support a new COVID-19 relief bill unless it includes liability protection for employers from lawsuits connected to the virus. ... [read more]

Monday, July 06, 2020 @ 1:19 PM

Termination clause beatdown: Waksdale v. Swegon North America Inc. Fired Business Guy

In the past year or so, the Ontario Court of Appeal has rendered several impactful decisions relative to the unenforceability of termination clauses. Released June 17, the court delivered a very employee-friendly decision rendering a termination clause unenforceable. In Waksdale v. Swegon North America Inc. 2020 ONCA 391, the court struck down a valid “without cause” termination subclause because the “for cause” termination subclause was held to be unenforceable. In this monumental decision, the court concluded that the severability clause cannot apply to sever the offending portion of the termination clause, and therefore the entire termination clause must fall. ... [read more]

Monday, July 06, 2020 @ 1:00 PM

Data exclusion case interpreted in favour of insureds Network servers

An Ontario judge recently interpreted a data exclusion in favour of the insureds in Laridae v. Co-Operators 2020 ONSC 2198, ordering the insurer to defend claims arising out of an alleged website security breach. A website owned by Family and Children’s Services of Lanark, Leeds and Grenville (FCS), was breached when an unauthorized party downloaded and published documents stored in a secured section of the website, which contained personal information about individuals who had been the subject of FCS investigations. ... [read more]

Monday, July 06, 2020 @ 8:27 AM

Remote hearings, examination of witnesses: Practicalities online_courtroom_sm

Because of the current pandemic crisis, it appears from the emerging case law that remote hearings are deemed acceptable notwithstanding the various concerns. What then are best practices to ensure that ethical standards are met in remote hearings and examinations? We continue the list that we began in our first article in this series: ... [read more]

Friday, July 03, 2020 @ 3:29 PM

Coverage under builders’ risk policies for COVID-19 issues Home under construction

In this two-part series, we consider coverage for COVID-19-related losses under a builders’ risk policy in the event of construction site shutdown or suspensions, resulting impact costs and delay of completion. In the first instalment of this series, we set out what is typically covered by a builders’ risk policy. ... [read more]

Friday, July 03, 2020 @ 2:08 PM

Concerns for snowbirds during COVID-19: Immigration U.S. dollar with mask

For most snowbirds, the border closures, executive proclamations, contradictory new stories and rarely decipherable guidance from government agencies have created a fair amount of confusion. Who may travel? What happens if you are stuck in the U.S. as a visitor? ... [read more]

Friday, July 03, 2020 @ 1:47 PM

Problems when expunging trademark registration Stealingideas.jpg

A recent decision of the Federal Court, affirmed by the Federal Court of Appeal, scrutinized the applicant’s evidence relating to an application to expunge a trademark registration and relied on the presumption of validity to dismiss the application. For all those interested in bringing such a proceeding these decisions serve as a warning to devote time and effort to gather the necessary evidence (Bedessee Imports Ltd. v. GlaxoSmithKline Consumer Healthcare (UK) IP Limited 2019 FC 206; Bedessee Imports Ltd. v. GlaxoSmithKline Consumer Healthcare (UK) IP Limited 2020 FCA 94). ... [read more]

Friday, July 03, 2020 @ 11:57 AM

Steering clients correctly: Guide for dealing with spike in roadside legal problems Coplight

In Toronto alone, between March 23 and the first week of May, police reported a 594 per cent increase in stunt driving offences, the most infamous being the individual doing doughnuts in a black Ford Mustang in the middle of what is empirically Canada’s busiest intersection; Yonge and Dundas. During the Easter weekend, Vancouver police released footage of a vehicle being towed after clocking 93 kilometres per hour in a 30 zone. ... [read more]

Friday, July 03, 2020 @ 10:21 AM

Open banking and Canadian privacy concerns Open banking data

In 2018, millions of individuals in the United States were outraged to discover they lacked access to their bank accounts through several popular mobile applications when Plaid Technologies lost access to Capital One bank’s data streams, resulting in the financial technology company’s inability to provide critical information to applications such as Venmo and Coinbase. ... [read more]

Friday, July 03, 2020 @ 8:22 AM

Digital assets technology awareness: Pivoting to new paradigm digital_toolbox_sm

You have probably heard the term “WFH” recently. This is the acronym for “Work From Home” used by the tele-work crowd. Pre-pandemic these three letters may have appeared in an individual’s instant messaging status, or used in a response to a text message, as in “WRU?” Answer: “WFH.” Translation for those that still embrace luddite status: “Where are you? / Working from home.” ... [read more]