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Friday, February 01, 2019 @ 12:49 PM

Proposed Canadian bill addresses modern slavery child labour

Modern slavery is not just an international issue, it’s a Canadian one as well. Over 1,200 companies operating in Canada could be importing products made by children or forced labourers according to a 2016 World Vision report. That represents over $34 billion in everyday goods like clothing, food and smartphones. Having transparent supply chains is now a focus for the federal government.   ... [read more]

Friday, February 01, 2019 @ 11:18 AM

Summary judgment motions in MVA cases are viable options carswervinginsnow_sm.jpg

In the recent decision of Pavlovic v. Vankar 2019 ONSC 61, the Ontario Superior Court of Justice granted a summary judgment motion and dismissed a lawsuit against an injured plaintiff and a cross claim by the co-defendant. In doing so, the court signalled that summary judgment motions in motor vehicle accident (MVA) cases, in certain contexts, are viable options worthy of consideration. The motion was granted despite there being conflicting evidence on a key liability issue. ... [read more]

Friday, February 01, 2019 @ 9:26 AM

Multijurisdictional and separate situs estate planning global_houses_sm

Our clients are increasingly mobile and often have connections to multiple jurisdictions. This mobility often entails property ownership in a foreign jurisdiction — clients retain property in their country of origin after they become resident in another jurisdiction or Canadian residents purchase vacation homes in other locations or inherit property abroad. ... [read more]

Friday, February 01, 2019 @ 8:34 AM

Tenancy in common offers oil and gas joint ventures little protection oilandgas_business_sm

Oil and gas contracts in the joint venture context often provide that parties own assets as “tenants in common” (see for example the Canadian Association of Petroleum Landmen Operating Agreements). In addition, the default position under the Law of Property Act, RSA 2000, c L-7 is that co-owners of property hold their interests as tenants in common (s. 8), unless the parties vary the relationship by contract. ... [read more]

Thursday, January 31, 2019 @ 2:03 PM

Time to expand analysis of the merits in all class actions classaction_arrow_sm

Class actions are complicated and expensive. They carry significant risk. As a result, the vast majority of class actions settle prior to trial, and a substantial proportion settle relatively soon after a successful certification motion. Because parties are generally unwilling to fight a matter through trial, the certification motion becomes the inevitable battleground for disputes. ... [read more]

Thursday, January 31, 2019 @ 12:40 PM

Successful Milne decision appeal a comfort to estate law practitioners wills_looking_sm

The Divisional Court released its decision on the Milne appeal on Jan. 24, 2019, (Milne Estate (Re) 2019 ONSC 579). The court asserted that the premise upon which the application judge’s decision was based — namely that “a will is a form of trust” — is not correct as a matter of law. The court observed that a will may contain a trust, but that this is not a requirement for a valid will. Instead, a will is simply an instrument which, subject to certain formalities of execution, provides for the disposition of a person’s property on death. ... [read more]

Thursday, January 31, 2019 @ 9:13 AM

Views about Drake’s 6IX trademark dispute Duellingmics_sm.jpg

If you represent Drake’s company, October’s Very Own IP Holdings (OVO), and you’re opposing registration of the trademark “6IX” by a local Toronto DJ, and you think it’ll be a slam dunk because Drake (the Raptors’ global ambassador) has been synonymous with the 6IX since the 2014 announcement of his original album title Views from the 6 — think again! ... [read more]

Wednesday, January 30, 2019 @ 11:44 AM

Couples join less in holy matrimony and more in heavenly ignorance Bride&Groom_sm.jpg

The 2019 Metro Convention Centre Canada’s Bridal Show had an unexpected visitor; namely, the family law firm of Gelman and Associates. They registered a booth, sat down in pairs and watched happy couples walk by and stare at them in bewilderment. ... [read more]

Wednesday, January 30, 2019 @ 8:25 AM

Oppression Remedy: The two-step BCE Test explained unfair_fight_sm

The oppression remedy is easy to claim. A claimant must only meet the low bar of unfairness. As it appears to arise from any unwelcome conduct, and the breadth of the statutory language makes it easy to apply to a broad range of conduct, it can be appended to any corporate misconduct claim. It is typically used in actions involving closely held corporations. ... [read more]

Tuesday, January 29, 2019 @ 11:21 AM

What we can learn from On the Basis of Sex protesterssky

There’s one scene in On the Basis of Sex, the new biopic about Justice Ruth Bader Ginsburg, that I can’t get out of my head. It shows a younger RBG (as she’s now affectionately known), then a law professor at Rutgers, purposefully striding through a crowd of anti-Vietnam War protesters to get to her lecture. ... [read more]