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Friday, January 05, 2018 @ 8:30 AM

Provincial safeguards for national class actions canada_provinces_sm

For decades, there has been a tension between provinces regarding the scope of proposed national class actions. For example: Is a national class permitted under the existing provincial legislation? If so, is a national class constitutional? What credence should be given to competing putative or certified class proceedings that are ongoing in other jurisdictions?   ... [read more]

Thursday, January 04, 2018 @ 9:18 AM

Ontario’s ‘fair’ auto insurance plan fails to address systemic imbalance for victims

The government's framework includes standard treatment plans for common injuries and independent examination centres to reduce disputes, and it addresses contingency fees and fraud. But it needs to go back to the drawing board to truly assist accident victims. ... [read more]

Thursday, January 04, 2018 @ 8:36 AM

Guidance on economic sanctions aims to help charities with due diligence

The Office of Financial Sanctions Implementation in the U.K. has released materials that can assist charities in Canada dealing with financial sanctions against countries in which they operate. ... [read more]

Wednesday, January 03, 2018 @ 9:24 AM

Migrating south: The changing landscape for Canadian snowbirds in the U.S. Florida

As the cold, snowy winter batters residents of Canada, many look to the U.S. sunshine states for relief from shovelling, slippery roads and other headaches of daily life. But new challenges are arising every day at the U.S. border, as immigration-related agencies put the government's "America First" slogan into action. ... [read more]

Wednesday, January 03, 2018 @ 8:56 AM

Mapping the shifting regulatory landscape of drone use in Canada drone_laws_sm

Perhaps you know a young person, like my son, who wants to explore the world from an aerial perspective with 4K video – just like some of the vloggers he watches much too often on YouTube. Before jumping head first into a drone purchase, you may want to consider how the new technology can be used under Canada’s current and anticipated drone regulations. ... [read more]

Wednesday, January 03, 2018 @ 8:42 AM

Risk for landlords who don’t comply with prescribed form of residential tenancy agreement landlord_tenant_sm

Recent amendments to Ontario’s Residential Tenancies Act, 2006 (RTA) include a provision (s. 12.1) requiring that “Every tenancy agreement that is entered into in respect of a tenancy of a prescribed class … shall … be in the form prescribed for that class of tenancies … .” The province has consulted stakeholders in past months and is now in the final stages of completing its “prescribed” form of tenancy agreement, the use of which will be mandatory for the vast majority of rental units in Ontario. ... [read more]

Wednesday, January 03, 2018 @ 8:34 AM

Quebec Superior Court examines how class action members receive information

Two motions in one class action presented the court with competing visions of when and how class members can receive information and the court’s role, if any, in supervising the content of that information. The two decisions on those motions demonstrate some limits of controlling that information and the court’s willingness to be part of that control. ... [read more]

Tuesday, January 02, 2018 @ 9:49 AM

Decision clarifies the limits of copyright protection for data data_copyright_sm

“The world’s most valuable resource is no longer oil, but data.” That is the title of a May 2016 article in The Economist. Data is valuable. But who, if anyone, can own, control and distribute data? Data, like other valuable resources, attracts disputes over ownership and control. Still, the legal basis for ownership of data is not well understood. ... [read more]

Friday, December 29, 2017 @ 8:36 AM

More about what every lawyer should know about year-end tax planning Tax

This is part two of a two-part series. ... [read more]

Thursday, December 28, 2017 @ 9:43 AM

Ontario laws governing dog bites, attacks are clear, and owners will be held liable Dog

Dogs can be extremely loyal, loving and caring pets. Despite the close relationship humans have with dogs, they can pose a serious risk of harm. Even the most friendly or docile dogs may unexpectedly attack or bite someone. In such cases, the courts have ordered fair and reasonable compensation. ... [read more]