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Monday, June 18, 2018 @ 9:52 AM

The Montreal riots: SCC decision will affect ‘common ventures’ in Quebec civil liability hockey_riot_sm

Everybody in the Bell Centre on April 21, 2018, remembers the Montreal Canadiens taking Game 7 of the Eastern Conference quarterfinals to defeat the Boston Bruins. Everybody outside the Bell Centre hours later must also remember that the celebrations turned into a riot that notably severely damaged police cars. The City of Montreal, having identified rioters who participated to the wreckage, filed legal proceedings seeking to hold jointly accountable all individuals for the damages sustained by each car. ... [read more]

Friday, June 15, 2018 @ 10:36 AM

Secretly recording workplace conversations can be helpful, hurtful Cellphonewithskull.jpg

With the prevalence of smartphone technology in the workplace, mobile devices are commonly used as a tool to collect and preserve evidence in workplace disputes. Audio recordings are generally the most reliable evidence documenting contentious events in the workplace. They accurately and neutrally capture parties’ communications, their tone and demeanour in a way that handwritten notes, e-mails or verbal testimony cannot. ... [read more]

Friday, June 15, 2018 @ 9:33 AM

Franchise supplier’s duty of care doesn’t extend to economic loss sub_sandwhich_sm

In 1688782 Ontario Inc. v. Maple Leaf Foods Inc. 2018 ONCA 407, a decision released on April 30, the Court of Appeal for Ontario held that the defendant Maple Leaf Foods, which was the exclusive supplier of core menu items to the Mr. Sub franchise system, was not liable to franchisees in the system for alleged economic loss caused by a food recall. ... [read more]

Thursday, June 14, 2018 @ 1:32 PM

Third party liability claims, other issues arising from Yonge Street van attack red&blueflashinglights_sm.jpg

In part one of this series I wrote about the accident benefits coverage issues arising from the April 23 Toronto van attack on Yonge Street. “But what about the other coverages under the standard auto policy?” you ask. ... [read more]

Wednesday, June 13, 2018 @ 12:42 PM

U.S. puts Canada on 2018 Priority Watch list for IP protection and enforcement GuyWithMagnifyingGlass

In its 2018 Special 301 Report, the Office of the United States Trade Representative downgraded Canada’s status on the Special 301 List from Watch List to Priority Watch list. ... [read more]

Wednesday, June 13, 2018 @ 9:43 AM

Maximizing recoveries to secured creditors in B.C. condo development condo_construction_sm

On April 4, 2018, the Supreme Court of British Columbia issued a decision in Forjay Management Ltd. v. 0981478 B.C. Ltd., 2018 BCSC 527 [Forjay] directing a receiver to disclaim 40 pre-sale contracts in the receivership of a strata condominium development in Langley, B.C., known as “Murrayville House”. This decision confirms that the Courts will consider maximizing value for the benefit of secured lenders in priority to purchasers with pre-sale contracts. ... [read more]

Wednesday, June 13, 2018 @ 8:46 AM

Planning for succession of a cottage or vacation home: Matrimonial issues cottage_gift_sm

Owners of cottages or vacation homes often have concerns and worries when it comes to succession issues. Alleviating or minimizing these concerns requires a review of three main types of considerations: personal and emotional, tax and matrimonial issues. ... [read more]

Wednesday, June 13, 2018 @ 8:37 AM

Texting to a driver could be illegal — here’s why texting driver

In the criminal justice system, a person is guilty of criminal negligence if they do anything, or omit to do something that is their duty, that shows a wanton or reckless disregard for the lives or safety of other people. While it is rarely seen as these matters often do not come to light until after the unfortunate injuries or death have already occurred. ... [read more]

Tuesday, June 12, 2018 @ 10:44 AM

A move toward shared parenting? Not so fast parentsonbike42

Family law is an ever-changing area of law. On May 22, 2018, the first reading of Bill C-78 occurred. Bill C-78 is titled “An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act.” ... [read more]

Tuesday, June 12, 2018 @ 10:28 AM

Decision affects mortgage fraud insurance claims, title insurers mortgage_funds_sm

A recent Court of Appeal decision highlights the importance of disbursing private mortgage funds only directly to the registered title holder and not to a third party. ... [read more]