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Tuesday, January 07, 2020 @ 12:22 PM

Bill C-97 will complicate insolvency in 2020 insolvency_law_sm

Late last year saw some subtle but potentially significant changes to insolvency law. In Bill C-97, Parliament introduced significant changes to the Bankruptcy and Insolvency Act (BIA) and the Companies Creditors Arrangement Act (CCAA). The changes are in force effective Nov. 1, 2019. ... [read more]

Tuesday, January 07, 2020 @ 9:31 AM

Amendments to Ontario’s Construction Act: Ramifications for commercial leasing Keyhandoff.jpg

Solicitors representing parties involved in commercial leasing should take note of the recent changes to the Ontario Construction Act (formerly the Construction Lien Act) when drafting commercial leases. Several issues should be considered by those representing landlords or tenants moving forward. ... [read more]

Tuesday, January 07, 2020 @ 8:54 AM

Women in rural, remote communities get long distance legal help Woman_with_laptop

Family law lawyers are thin on the ground in many rural and remote parts of Ontario. Those who take legal aid certificates and who have expertise in cases involving family violence are even more rare. After hearing repeatedly about the lack of access to legal representation for women in northern and small communities, Luke’s Place decided something needed to be done. ... [read more]

Monday, January 06, 2020 @ 11:51 AM

Quebec court takes position on trigger theories in liability insurance Hand stops falling blocks

In the recent decision Groupe Royal Inc. v. Crewcut Investments Inc. 2019 QCCA 1839, the Court of Appeal of Quebec confirmed the application in Quebec insurance law of the “continuous trigger” theory when apportioning damages to various liability insurers over a span of several policy periods in cases where the claimed damages occurred gradually and over a certain period of time. ... [read more]

Monday, January 06, 2020 @ 10:28 AM

SCC to decide extent of employers’ duty of trust, good faith in incentive plans Businessmenatdesk

It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia Court of Appeal’s decision in Ocean Nutrition Canada Ltd. v. Matthews 2018 NSCA 44. Arguments in this case were heard on Oct. 8, 2019. The court’s decision, expected to be released in 2020, will likely have a profound impact on the relationship between employers and employees in Canada. ... [read more]

Monday, January 06, 2020 @ 8:32 AM

Equine law: Protecting you and your four-legged friend Horse heads

Equine law is the practice of law that involves all types of horses, horse-related professions, activities, industries, businesses, facilities and organizations. ... [read more]

Monday, January 06, 2020 @ 8:21 AM

Laying the groundwork for admission of expert evidence brick_wall_sm

A recent decision by Ontario Superior Court Justice Phillip Sutherland, in an ongoing civil trial, emphasized the gatekeeper role of trial judges when considering the admissibility of expert evidence. ... [read more]

Friday, January 03, 2020 @ 2:58 PM

Mr. Big secures conviction in New Zealand maninspotlight2.jpg

John Henry Wigmore once declared that a confession “carries a persuasion that nothing else does.” His admonition was illustrated recently in a Mr. Big case in New Zealand. ... [read more]

Friday, January 03, 2020 @ 2:30 PM

Will carbon majors have to pay for climate damage? Lawsuits Earth melting to water

The climate crisis is already causing large financial losses and much more is ahead. Governments and individuals will increasingly face overwhelming bills. Most of the fossil fuels that are driving this crisis have been produced and sold by 103 companies, the carbon majors. Can they be made to pay for the resulting damage? ... [read more]

Friday, January 03, 2020 @ 12:44 PM

Digital asset deep dive: E-mail for estate planning discovery digital_lightbulb_sm

This is the fifth article in a series on digital assets for estate planning and administration. The last article discussed the six critical ways clients use e-mail that affect estate planning. Here are the 10 key questions to ask about e-mail for estate planning discovery. ... [read more]