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Thursday, October 26, 2017 @ 8:50 AM

Proposed legislation to boost consumer protection for new homebuyers home_warranty_sm

The Ontario New Home Warranties Plan has been in effect for more than 40 years. The present system has given rise to persistent complaints of an appearance of conflict of interest. On the one hand, Tarion is the authority that registers builders and thereby gives them permission to operate. On the other hand, it is responsible for adjudicating disputes between those same builders and the owners of newly constructed homes under a warranty claim. ... [read more]

Thursday, October 26, 2017 @ 8:35 AM

The evolution of third party litigation funding in Canada

In Canada, limits on third party litigation funding have historically been imposed by the common law doctrines of maintenance and champerty. The concept of maintenance is “directed against those who, for an improper motive, often described as wanton or officious intermeddling, become involved with disputes (litigation) of others in which the maintainer has no interest whatsoever.” ... [read more]

Wednesday, October 25, 2017 @ 9:01 AM

Copyright Act review: Netflix, free streaming and the ‘monkey selfie’ copyright_review

It has been a relatively quiet year for copyright law in Canada, but it is ending with a relative bang with the statutory five-year review of the Copyright Act and the Creative Canada initiative. This article will take a brief look at both developments primarily through the lens of a lawyer who represents creators. ... [read more]

Wednesday, October 25, 2017 @ 8:48 AM

Prying eyes: Risk of employee ‘snooping’ and how to reduce it employee_snooping_sm

Privacy is an area of increased focus for many companies, given the media attention and class action lawsuits that can arise from significant privacy breaches. Although many companies focus their attention on preventing data breaches from malicious outsiders, such as hackers, organizations also have a duty to protect the information that they process and store from unauthorized access, use and disclosures by their own employees. ... [read more]

Tuesday, October 24, 2017 @ 12:02 PM

The Ontario Court of Appeal’s journey to clarity on the appropriateness factor

A recent decision helps clarify how to assess when the appropriateness factor delays the start of the two-year limitation period. The case, Pepper v Sanmina-SCI Systems, 2017 ONCA 730, concerned a claim for long-term disability benefits, but it should be of interest to any practitioners who need to assess when the limitations clock starts in Ontario. ... [read more]

Tuesday, October 24, 2017 @ 8:35 AM

Backlash prompts Morneau to backtrack on proposed small business tax changes

Last week saw as many new tax changes, outside of a budget, as I can recall in my 30 years of practicing tax law. After burning as much political capital as possible and still facing a voter base in revolt, Finance Minister Bill Morneau announced multiple revisions to the federal government’s previously proposed changes to the small-business tax in Canada. They also offered a large carrot. ... [read more]

Monday, October 23, 2017 @ 10:50 AM

CETA introduces new possibilities for European citizens to work in Canada Business immigrant

The agreement between Canada and the EU contains provisions governing the ability of Europeans to enter the country to work without a permit, as well as the possibility to obtain work permits that are exempt from a Labour Market Impact Assessment. Some provisions are similar to those in other free-trade agreements, while others are new. ... [read more]

Monday, October 23, 2017 @ 10:39 AM

Post-Energy East, what's next for Canada's energy policy as NEB is modernized? Pipeline

There is an ongoing debate as to whether TransCanada's decision to withdraw its application was a response to the National Energy Board's GHG emission scoping decision or to the company's market assessment. The issue can and should be clarified by the federal government and ultimately by Parliament — which should also recognize the nexus between climate and energy policy in legislation. ... [read more]

Monday, October 23, 2017 @ 9:46 AM

Implementing Bill 106: Big shake-up for the condominium industry

The condominium industry will be undergoing significant changes in the next few weeks. On December 3, 2015 the Protecting Condominium Owners Act, also known as Bill 106, received royal assent by the Ontario Legislature. Bill 106 is important because it marked the first overhaul of the province’s condominium law in over 16 years. ... [read more]

Friday, October 20, 2017 @ 9:52 AM

Study shows refugee children at increased risk of injury, but who is responsible?

Many of these children may not only be subject to injury due to accidents, but they may also have suffered from torture and persecution in their country of origin. Lawyers representing them in personal injury cases must apply the 'thin skull versus crumbling skull' doctrine when demonstrating causality. ... [read more]