Focus On



Friday, November 15, 2019 @ 9:10 AM

Till debt do us part: dividing liabilities Ax breaking chain

When most people think of family law cases, they think of fairly dividing the family assets: the house, the car, perhaps the heirloom grandfather clock. The flip side of the coin, however, is less straightforward. What is the best approach to untangling not just the assets, but the liabilities? ... [read more]

Friday, November 15, 2019 @ 9:09 AM

Class Proceedings Fund gets cy près award in securities class action people_money_sm

Who can be the recipient of a cy près award in a class action? In the recent decision, Cappelli v. Nobilis Health Cor. 2019 ONSC 4521, the court approved a novel recipient of the award: The Class Proceedings Fund. ... [read more]

Friday, November 15, 2019 @ 8:34 AM

What employers should know about Ontario’s Pay Equity Act threeworkers and clock

Ontario employers are obligated to maintain practices that preserve pay equity. Despite the Ontario Pay Equity Act, R.S.O. 1990, c. P.7 (PEA) being in force since Jan. 1, 1988, many employers remain unaware of their pay equity obligations and, also, the significant penalties for failing to do so. ... [read more]

Thursday, November 14, 2019 @ 1:10 PM

What happens next with Liberal climate legislation plan Flagwithindustry

On Oct. 21, 2019, the Liberal Party of Canada was re-elected and will form a minority government. The Liberals’ re-election also ensures the survival of the Greenhouse Gas Pollution Pricing Act — the so-called “carbon tax” — at least until the Supreme Court of Canada rules on its constitutionality. ... [read more]

Thursday, November 14, 2019 @ 11:17 AM

Invesco case: Rebate for GST paid in error or notice of objection? Hand cutting tax balloon

In the recent judgment rendered in the Invesco case (SLFI Group v. Canada 2019 FCA 217), the Federal Court of Appeal ruled that a notice of objection is the only recourse available when an assessment is issued against a taxpayer, as opposed to a rebate for tax paid in error, even when the initial assessment was issued to a third party. ... [read more]

Thursday, November 14, 2019 @ 11:02 AM

Interpreting Bill C-75, Youth Criminal Justice Act Unchainedman

The government of Canada introduced Bill C-75, An Act to amend the Criminal Code of Canada, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts which received royal assent on June 21, 2019. ... [read more]

Thursday, November 14, 2019 @ 8:55 AM

International arbitration gets innovative: Overcoming problems arbitration_global_sm

In the first two parts of this series I wrote about innovative uses of international arbitration in other forms of disputes. After outlining a proposal by former United States Bankruptcy Judge Allan Gropper (The Arbitration of Cross-Border Business Insolvencies), I noted that so far there has not been a rush to agree to arbitration in cross-border insolvency matters. In this article I would like to discuss why. ... [read more]

Wednesday, November 13, 2019 @ 2:37 PM

Trademark infringement with brand revival Radio microphone

A case before the Court of Queen’s Bench of Alberta raises some interesting trademark issues. Corus Radio Inc. and Corus Entertainment Inc. have sued Harvard Broadcasting Inc. for trademark infringement, among other things, relating to a series of registered trademarks which include the word POWER and the call letters of FM radio stations, namely 97, 107 and 92. The POWER 97 registration is a word mark but the other marks include design presentations such as the station’s logo. ... [read more]

Wednesday, November 13, 2019 @ 2:31 PM

Franchise disputes on rise in British Columbia lawyers_fighting_sm

These past several years have seen an uptick in franchise court decisions coming out of British Columbia. While the decisions have not yet started to apply provisions of B.C.’s new Franchises Act, which came into force in February 2017, they have otherwise started to gain steam. ... [read more]

Wednesday, November 13, 2019 @ 11:42 AM

The tragedy of A.M. v. C.H.: Time for an interventionist approach Couple arguing in counselling

The case of A.M. v. C.H. 2019 ONCA 764 is a custody dispute case involving the parental alienation of a 14-year-old boy who refused to live with his father despite a custody reversal order. Even more tragic, the son assaulted his father, resulting in a criminal no-contact order between them. To do nothing cannot be the best option. Rather, perhaps a novel approach should be tried by learning from the lessons found among the carnage of this case. ... [read more]