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Monday, April 26, 2021 @ 2:07 PM

When related criminal proceeding postpones civil action’s limitation period Thumb starting a stop watch

For most civil actions in Ontario, a plaintiff must bring their lawsuit against the defendant within two years. But the two-year limitation period may be postponed where the action is not yet an “appropriate means” to remedy the plaintiff’s loss under ss. 5(1)(a)(iv) of the Limitations Act, 2002, S.O. 2002, c.24, Sched. B (the Limitations Act). ... [read more]

Monday, April 26, 2021 @ 1:51 PM

Potential conflict of child vaccination during COVID: More areas of impact Silhouette of woman about to give child a needle

In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. ... [read more]

Monday, April 26, 2021 @ 1:35 PM

Racism at work: Is Canadian labour and human rights law working hard enough? Black and White Businessmen with thought balloon

Ever since the murder of George Floyd by a Minneapolis police officer in May 2020 shook the world, Canadians have debated the depth of racism in our own society. Shortly after Floyd’s killing, Prime Minister Justin Trudeau acknowledged that: “There is systemic discrimination in Canada, which means our systems treat Canadians of colour, Canadians who are racialized, differently than they do others.” Earlier federal reports on missing and murdered Indigenous women and girls, and on the abuses at Indigenous residential schools, have also put a spotlight on the deep-rootedness of racism in Canada. ... [read more]

Monday, April 26, 2021 @ 1:09 PM

Negotiating expropriation process: Admissions, cross-examinations Businessmen shaking hands

“If you confront anyone who has lied with the truth, he will usually admit it — often out of sheer surprise. It is only necessary to guess right to produce your effect.” ... [read more]

Friday, April 23, 2021 @ 12:25 PM

Spring past expiration date Businessman leaping off springboard

A patent grants the holder the “right to stop others from making, using or selling [his/her] invention from the day the patent is granted to a maximum of 20 years after the day on which [the holder] filed [his/her] patent application” (Canadian Intellectual Property Office). As such, one may think that compensation for the infringement of a patent would be limited to the life of the patent. However, based on a number of court decisions, this is not the case. ... [read more]

Friday, April 23, 2021 @ 11:07 AM

Gender discrimination in leadership positions at work Flashlight shining on woman

On April 4, 2021, the Human Rights Tribunal of Ontario (tribunal) released a decision concluding that Hamilton Health Sciences (respondent) violated Dr. Irene Cybulsky’s (applicant) right to equal treatment with respect to employment without discrimination based on sex (Cybulsky v. Hamilton Health Sciences [2021] O.H.R.T.D. No. 209). At the time relative to the application, Cybulsky was a cardiac surgeon and head of the HHS Cardiac Surgery Service, who received complaints by colleagues relating to her communication and leadership style. ... [read more]

Friday, April 23, 2021 @ 10:58 AM

Breaching the divide: What you should know about purchasing cyberinsurance Hand going through laptop screen, showing padlock

Homer Simpson once said, “If something is hard to do, then it’s not worth doing.” Purchasing cyberinsurance can certainly be a challenge, between trying to select the right coverage and ensuring your policy limits are sufficient. However, contrary to Homer’s opinion, understanding how to buy the appropriate coverage is worth the effort. ... [read more]

Friday, April 23, 2021 @ 8:50 AM

Your client’s web domains: Digital assets’ iceberg Shopping basked of apps

Part three in this estate law series covered client web domain hosting, the geographic location of registrars and hosting companies, and who in the client’s sphere is in control of the domains, particularly in the case of charitable and non-profit organizations, along with the associated risks. Part four looks at digital asset estate planning considerations. ... [read more]

Thursday, April 22, 2021 @ 1:58 PM

Fiduciary crash course: 5 estate law dos and don’ts Thumb up and thumb down signs

You will be acting as a fiduciary if you take on the role of executor, trustee or attorney for property. These roles are defined by the distinct set of legal principles and rules which constitute fiduciary law. Accepting to become an executor, trustee or attorney for property requires that you adopt a “fiduciary mindset,” and understand when your actions could cause a problem. ... [read more]

Thursday, April 22, 2021 @ 12:44 PM

How court mediators are helping litigants (and courts) during COVID-19 Couple signs divorce papers with wedding rings in foreground

One year into this pandemic, family court litigants are feeling increased anxiety and distress. ... [read more]