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Wednesday, September 19, 2018 @ 2:21 PM

Cyber losses: A serious organizational risk in the modern world thiefintocellphone_sm.jpg

Losses and costs relating to cyber liability incidents have escalated exponentially given that the world has become much more computer-dependent and technology is rapidly advancing. The losses suffered by organizations for cyber incidents that interrupt their operations as well as liability to third parties (customers, patients or others) have become commonplace. The question facing organizations today is not if they will suffer a cyberattack but when. ... [read more]

Wednesday, September 19, 2018 @ 8:47 AM

The ‘executor’s year’ and the rule of convenience time_estatelaw_sm

Our law of succession is an old one. A very old one. For example, consider the role of the “executor” of an estate. Given the fiduciary nature of the office one might expect that its genesis was in Roman law. In fact, it arose in English law from Germanic testamentary customs that made their way into England with the Saxons. Later it developed into its modern form through the interaction of canon and secular law, and, ecclesiastical and temporal courts, over centuries. ... [read more]

Tuesday, September 18, 2018 @ 12:46 PM

Risks of intimate partner homicide to lawyers, mediators, clients and families businessmanmurder_sm.jpg

It is a fact that many more women die by the hand of their intimate partner than by any other means. There were 18 women killed and two men killed in Canada from January to April 2018 by their intimate partners, making a mockery of the words “I love you” and “to love, honour and cherish.” ... [read more]

Tuesday, September 18, 2018 @ 9:31 AM

Search and seizure of electronic data: too much of a good thing data_security_sm

Seizures of electronic data have become the equivalent of trying to catch trophy fish using bottom trawling nets. Like large, weighted fishing nets dragged across the seafloor, unselectively scooping up everything in their path, seizures of data invariably and easily net their own form of digital bycatch. ... [read more]

Monday, September 17, 2018 @ 1:19 PM

Tribunal finds requirement for permanent eligibility to work in Canada discriminatory 2menchasm.jpg

In a case recently heard by the Human Rights Tribunal of Ontario, an employer had posted a job advertisement looking for a project engineer (Haseeb v. Imperial Oil Limited 2018 HRTO 957). The employer required applicants for this position to be permanently eligible to work in Canada, and made this requirement clear throughout the job application and interview process. The applicant applied for the position and initially indicated that he was permanently eligible to work in Canada. ... [read more]

Monday, September 17, 2018 @ 11:50 AM

Court of Appeal decision has bizarre implications for insurance law floodedhouse_sm.jpg

On Sept. 4, in an opinion likely to have significant implications to the field of insurance law, the Ontario Court of Appeal held that a policyholder’s cause of action against its insurer began to run the day after the claim had been submitted. On that basis, in Nasr Hospitality Services Inc. v. Intact Insurance 2018 ONCA 725, the court allowed Intact’s appeal, and granted summary judgment in its favour. If this decision stands, policyholders will be justified in filing suit immediately, with insurers obligated to pay resulting legal fees, even on claims the insurer intends to pay. ... [read more]

Monday, September 17, 2018 @ 9:39 AM

Pretrial conference: Play by the Rules or pay the price pretrial_conference_sm

Pretrial conferences are an important and mandatory step in the civil litigation process in Ontario. In addition to potential case management steps, one of their principal purposes is to explore the possibility of settlement. For this purpose to be achieved, each side must come to the conference fully acquainted with the facts and legal issues in the proceeding. ... [read more]

Friday, September 14, 2018 @ 11:59 AM

Avoiding the contagion of divorce gossiping

A relatively new study suggests that the divorce of a friend or close relative dramatically increases the chances that you too will divorce. A research team from Brown University, Harvard University and the University of California found that “you’re 75 per cent more likely to become divorced if a friend has divorced, and if a friend of a friend is divorced your odds of getting a divorce increase 33 per cent.” ... [read more]

Friday, September 14, 2018 @ 9:03 AM

Too darn hot: mandating max residential temperatures hot_apartment_sm

Residential landlords in Ontario are required to ensure that all habitable areas of a residence are maintained at a temperature of at least 20 degrees Celsius, pursuant to section 15 (1) of O Reg 517/06 made under the Residential Tenancies Act, 2006 SO 2006 c. 17 (the RTA). The law is much less clear regarding the obligation of a residential landlord when it comes to the provision of cooling of residences. ... [read more]

Thursday, September 13, 2018 @ 11:26 AM

Potential issues facing the emerging death care industry 3candles1out_sm.jpg

While medical assistance in dying gets all the attention these days, one of the trends I’ve been monitoring is the emergence of a “death care” industry in Canada. While still predominantly a grassroots movement, these are individuals operating outside the health sector who offer a wide range of death-related services to dying persons and their families. Some of these services are essentially various forms of support and companionship at the end of life: providing community resources, offering spiritual care and communicating with distant relatives. ... [read more]