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Wednesday, October 30, 2019 @ 8:22 AM

Proprietary estoppel: Promises made, promises broken lonesome_cowboy_sm

Justice Susan Woodley’s opening lines in Mulholland v. BMO Trust Co. 2019 ONSC 5785, are telling: “Few proceedings are as complicated, contentious, or costly, as an estate dispute amongst family members. This proceeding is no exception.” ... [read more]

Tuesday, October 29, 2019 @ 12:54 PM

Selling tech solutions to key law firm decision makers selling_techsolutions_sm

My presentation was polished and my talking points were front and centre in my mind. I had a new technology solution, a great team behind me and a passion for the legal industry that stemmed from my experience as a former corporate lawyer. I had my pen in-hand ready for the firm to sign up for our service. This was my first meeting with the firm and it went great! ... [read more]

Tuesday, October 29, 2019 @ 12:30 PM

Late filing of form T1135 in Moore v. The Queen Hands filling out form

Canadian residents, which include corporations and individuals, as well as certain partnerships or trusts that own specified foreign property (SFP) that has a cost of over $100,000 at any time during the year, must complete form T1135, the Foreign Income Verification Statement. ... [read more]

Tuesday, October 29, 2019 @ 9:10 AM

Whole new look at limitation periods in family law Calendar with pencil

In Ontario, is there an irrefutable presumption that a domestic contract is valid if not set aside within two years from when a claim ought to have been discovered? The case of F.K. v. E.A., 2019 ONSC 3707 suggests such a conclusion. ... [read more]

Monday, October 28, 2019 @ 1:55 PM

International arbitration gets innovative: Cross-border insolvencies arbitration_global_sm

Most of us are familiar with the use of arbitration to resolve international commercial disputes and to resolve claims by foreign investors against host countries under various forms of investor protection treaties. More recently there has been increasing attention on potential innovative uses of arbitration for other forms of disputes, including for climate change and claims by local populations, government bodies and others against foreign controlled natural resource and manufacturing enterprises that are alleged to have caused harm to local populations, including to their environment. ... [read more]

Monday, October 28, 2019 @ 1:46 PM

New harassment, violence framework coming to federal sector CanadianFlagandmoney

Significant new workplace harassment and violence obligations are coming soon to federally-regulated workplaces. ... [read more]

Monday, October 28, 2019 @ 8:32 AM

Nova Scotia decision on dependants’ relief redefines testator’s ‘liberty’ money_fight_sm

The Nova Scotia Supreme Court has ruled that portions of the province’s dependants’ relief legislation, which allow adult independent children to apply for variation of a will because it provides inadequate maintenance and support, are unconstitutional. ... [read more]

Monday, October 28, 2019 @ 8:31 AM

What constitutes a material change in risk: A review of two recent decisions Man about to walk tightrope

When does an insured’s failure to disclose a material change in risk to its insurer entitle the insurer to void an insurance policy? Two recent BC Supreme Court cases considered this question in the context of home insurance policies. ... [read more]

Friday, October 25, 2019 @ 1:49 PM

Distinctiveness: What’s it all about and why you need to know Onepersondifferent.jpg

Distinctiveness is the essence and cardinal requirement of a trademark. The Trademarks Act provides that “distinctive, in relation to a trademark, describes a trademark that actually distinguishes the goods or services in association with which it is used by its owner from the goods or services of others or that is adapted so to distinguish them.” ... [read more]

Friday, October 25, 2019 @ 10:31 AM

Giving consideration to plaintiffs’ right to sue Man falling

When the evidence in a personal injury action suggests that one or more of the parties were working when the accident occurred, insurers and defence counsel should turn their minds to whether the action is suitable for a Right to Sue Application. ... [read more]