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Friday, October 20, 2017 @ 9:52 AM

Study shows refugee children at increased risk of injury, but who is responsible?

Many of these children may not only be subject to injury due to accidents, but they may also have suffered from torture and persecution in their country of origin. Lawyers representing them in personal injury cases must apply the 'thin skull versus crumbling skull' doctrine when demonstrating causality. ... [read more]

Friday, October 20, 2017 @ 8:41 AM

Privacy rights apply to travellers’ luggage, court says luggage_search_sm

You may assume that your privacy rights are moot once you enter an airport, and especially so after you watch your luggage drift further and further away from you on a conveyer belt. Yet interestingly, in R. v. Neyazi 2014 ONSC 6838, Ontario’s Superior Court has confirmed that we do in fact have privacy interests in our luggage when we enter an airport — substantial ones. ... [read more]

Thursday, October 19, 2017 @ 11:10 AM

False and defamatory Google business reviews? Maybe it's time to take action Google

There are ways — both non-litigious and litigious — to deal with reviewers, but a court in Australia has now made it easier to sue Google itself as a co-publisher in cases where the search engine has notice of false and defamatory statements and fails to remove them within a reasonable time. ... [read more]

Wednesday, October 18, 2017 @ 9:45 AM

An ill wind blowing: Insurers are bracing for challenges from climate change Climate change

Weather is one of the greatest catalysts of insurance claims, and coverage for everything from business interruption and environmental liability to automobiles and property is susceptible due to a changing climate. Litigation can be expected once governments in Canada implement legislation that provides measurable standards. ... [read more]

Wednesday, October 18, 2017 @ 9:03 AM

The significance of ‘pipefill’ in two generic drug damages awards

In early 2017 the Federal Court issued decisions involving two significant damages awards under s. 8 of the Patented Medicines (Notice of Compliance) Regulations. An important component of these damages awards related to the concept of “pipefill.” ... [read more]

Wednesday, October 18, 2017 @ 8:36 AM

How Ontario’s rent control changes will hurt new apartment construction

In April, Ontario enacted the Rental Fairness Act, 2017, revoking an exemption from rent controls for apartment rentals in buildings first occupied after Nov. 1, 1991. The revocation of the rent control exemption occurred in response to some high profile media reports chronicling substantial rent increases to residential tenants — in some cases as much as 100 per cent — in buildings which were exempt from the province’s 2017 rent control guideline (the guideline) of 1.8 per cent. ... [read more]

Tuesday, October 17, 2017 @ 1:36 PM

Ontario proposes to allow 'social investments' by charities in Bill 154 Charities invest

While the province is to be commended for launching an initiative to facilitate the access of charitable capital for social investments, charities will want to closely monitor the progress of the Cutting Unnecessary Red Tape Act to ensure that a number of questions are addressed. ... [read more]

Tuesday, October 17, 2017 @ 8:39 AM

Director resignations and personal liability for corporate tax debts

The prospect that a corporate director may be held personally liable for corporate tax debts is the stuff of nightmares. The possibility exists, however, because the Canada Revenue Agency may look to the directors to collect a corporation’s unpaid HST or payroll taxes. ... [read more]

Tuesday, October 17, 2017 @ 8:29 AM

Human rights tribunals may be failing Arab, Muslim workers post-9/11 Muslim_complaints_sm

Review of cases in Canada reveals complaints of oversurveillance, double standards and stereotyping in the workplace, and suggests that the system isn't helping those who face discrimination, just as they need it the most. ... [read more]

Monday, October 16, 2017 @ 9:37 AM

The emergence of a legal test in Ontario for enforcing religious marriage contracts

Both in Judaism and Islam, marriages are civil contracts that provide for a monetary amount owed by the husband to the wife. Since Canadian law recognizes the validity of such marriages, where applicable, the terms of these contracts are often raised and disputed in divorce proceedings in Ontario. ... [read more]