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Thursday, July 13, 2017 @ 11:15 AM

A Canadian first: Surrogacy fees awarded as cost of future care

A Canadian court has for the first time awarded damages for surrogacy fees in Wilhelmson v. Dumma 2017 BCSC 616. ... [read more]

Thursday, July 13, 2017 @ 08:51 AM

Rethinking the cap on pain and suffering damages

On April 20, a jury in Brantford awarded an injured plaintiff over $2.4 million in damages after a five week trial. Included in this award was $600,000 for pain and suffering damages. This award came almost forty years since the Supreme Court of Canada in Andrews v. Grand and Toy Alberta Ltd. imposed what amounted to a cap or upper limit of $100,000 on non-pecuniary general damages for injury cases. ... [read more]

Wednesday, July 12, 2017 @ 09:28 AM

Employee or contractor: The seven-part test

The clear trend by courts in BC and other jurisdictions across Canada has been to “modernize” the approach to the classification of workers along the continuum of “pure employee” and “pure independent contractor” resulting in a contemporary category of dependent contractors. ... [read more]

Wednesday, July 12, 2017 @ 08:48 AM

Solitary confinement: Bill C-56 not enough to eliminate risk of abuse

On July 4, a trial about the constitutionality of “solitary confinement” began in British Columbia Supreme Court. In recent years, solitary has been raised in multiple legal proceedings, public investigations and media reports. This is the first comprehensive, constitutional challenge to the legislative provisions that govern the practice. ... [read more]

Tuesday, July 11, 2017 @ 09:53 AM

Using an Anton Piller order to preserve electronic evidence Anton Piller

Once viewed as an “extreme” measure only to be used in the “most exceptional circumstances,” Anton Piller orders (essentially a court order that allows someone to search premises and seize evidence) are now more commonly issued not only in intellectual property and trade secret disputes, but also in civil and commercial matters, employment litigation and even matrimonial cases. ... [read more]

Monday, July 10, 2017 @ 02:55 PM

Legal employment traps to avoid when expanding south of the border

So you want to open a facility or hire employees in the United States?  Perhaps you seek to expand into new markets, open up to new customer bases or take advantage of a different pool of employees. You will, of course, face obvious legal hurdles involving taxation and corporate formation (including possible E-2 treaty investor options under NAFTA).   ... [read more]

Monday, July 10, 2017 @ 09:31 AM

Why do family law cases settle when they do?

More than 99 per cent of family law cases settle without a trial.  The majority settle prior to the commencement of any litigation. Since most family law clients enter the process seeking an early settlement of the case, it is worth considering why more cases do not settle without the need for intervention of a third party in the form of a mediator or a court. ... [read more]

Friday, July 07, 2017 @ 08:54 AM

Courts struggle for balance with material changes to renewal franchise agreement

How much leeway does a franchisor have to introduce material changes into a renewal franchise agreement? This depends on the wording of the renewal clause in the original franchise agreement. ... [read more]

Thursday, July 06, 2017 @ 09:29 AM

Appeal decision highlights dangers of poorly drafted release

When it comes to releases, the Ontario Court of Appeal has recently reminded litigators that precedents are dangerous and words do, in fact, matter. ... [read more]

Thursday, July 06, 2017 @ 09:10 AM

Severance liability, bad faith damages result of employer’s ambiguous standards Gazometr

On May 1, 2017, the BC Supreme Court awarded a spa worker $15,000 in aggravated/bad faith damages for the manner in which she was treated by her employer. ... [read more]