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Thursday, September 30, 2021 @ 11:30 AM

Lessons learned from Liverpool’s loss of World Heritage status Liverpool skyline

Recently, for the third time in its history, UNESCO stripped a town of World Heritage status. The decision followed a secret ballot by the UNESCO committee. This terrific tool for boosting the brand (the community) turned into a nightmare.  ... [read more]

Thursday, September 30, 2021 @ 10:35 AM

Google decision should dictate continued privacy oversight of nonprofits Man with laptop using Google

The recent decision involving Google — Reference re Subsection 18.3(1) of the Federal Courts Act, 2021 FC 723 (Google Reference) — in the Federal Court has made clear that privacy oversight of charities and other not-for-profit organizations (NFPs) should not be tampered with when the federal government reintroduces its privacy reform bill, previously Bill C-11. The case was brought by the federal privacy commissioner in connection with his determining whether Google’s indexing of search results is subject to a “right to be forgotten.”    ... [read more]

Wednesday, September 29, 2021 @ 2:26 PM

Fetuses not unborn persons Book on fire

Fetuses are not “unborn persons” for the same reason that living persons are not “undead corpses” — because time exists. Time matters in biology, and in the branches of ethics and law having to do with biology. In other words, please don’t bury me alive. ... [read more]

Wednesday, September 29, 2021 @ 2:22 PM

Experts and ‘expected’ damage exclusion: AIG Insurance Company v. Lloyd’s Underwriters Man with clipboard checks building

The recent decision of AIG Insurance Company v. Lloyd’s Underwriters 2021 ONSC 5372 will interest both insurers and any insured contemplating an application to enforce their insurer’s duty to defend. Justice William Black comments on what use may be made of a preliminary expert’s report, as well as providing one of the few Canadian decisions describing what level of knowledge an insured must have before an insurer can rely on an “expected injury” exclusion. ... [read more]

Wednesday, September 29, 2021 @ 1:44 PM

Most common judicial review application mistakes Magnifying glass looking at document

As judicial resources become evermore scarce, governments across the country are relying on administrative tribunals to adjudicate disputes. ... [read more]

Wednesday, September 29, 2021 @ 1:41 PM

Bill proposes to reform Alberta’s payment, dispute resolution in construction Calgary skyline

With construction season in full swing, disputes in contracts related to construction can be weighing on the minds and wallets of those involved in disputes related to construction projects. One of the most frustrating aspects of construction can be unforeseen complications and delays that decrease productivity and increase costs. ... [read more]

Tuesday, September 28, 2021 @ 1:28 PM

What the federal election result means for immigration policies Canadian flag with shadows of people on it

On Sept. 20, the Liberal Party won the federal election and continues to hold a minority government with 159 seats in the House of Commons. The federal election result is largely similar to the outcome in the last election in 2019. This article will discuss the potential changes to immigration polices based on the Liberal Party’s federal election platform. ... [read more]

Tuesday, September 28, 2021 @ 11:05 AM

Court confirms benefits disputes should be decided by tribunal in proposed class actions Car insurance with pencils and pen

In Dorman v. Economical Mutual Insurance Company 2021 ONCA 314, the Ontario Court of Appeal recently upheld the lower court’s decision to dismiss proposed class actions brought against 15 auto insurers as the allegations fell outside the court’s jurisdiction. ... [read more]

Tuesday, September 28, 2021 @ 8:32 AM

Lessons from Canadian history: Referendums and direct democracy, part one Map of Canada made up of many people

Albertans will be faced with a laundry list of options at the polls this fall. After the recent federal election, Albertans will vote in the first provincial referendum since 1971 when they cast their ballots in the forthcoming provincial senate election and municipal election in October. Two questions are put forth on the referendum ballot: ... [read more]

Monday, September 27, 2021 @ 1:46 PM

COVID-19, class actions and business interruption: 9306-6876 Québec inc. Sign in window saying "Closed COVID-19"

In the context of authorizations to institute class actions, the Superior Court of Quebec rendered a trilogy of decisions regarding the coverage provided for business interruptions. Part one analyzed Centre de santé dentaire Gendron Delisle inc. c. La Personnelle, assurances générales inc. 2021 QCCS 3463. Part two will analyze 9306-6876 Québec inc. c. Intact compagnie d’assurance 2021 QCCS 3462. ... [read more]