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Friday, July 19, 2019 @ 10:49 AM

U.S. doubling down on border filings scrutiny immigration_documents_sm

Prove it. That is what U.S. Customs and Border Protection (CBP) officers say when a petition is filed at a port of entry to the U.S., and one of its law enforcement officers has to make a decision on whether an applicant or beneficiary qualifies for the U.S. status he seeks. This scrutiny only seems to be increasing year over year. ... [read more]

Thursday, July 18, 2019 @ 10:36 AM

Score one in major junior hockey league class action Hockeyplayersilhouette.jpg

The hockey playing plaintiffs in the major junior hockey league class action scored their first goal in the Quebec Superior Court when the court authorized the class action to proceed. The court released its decision in Walter c. Quebec Major Junior Hockey League Inc. 2019 QCCS 2334, on June 13. ... [read more]

Wednesday, July 17, 2019 @ 2:21 PM

Mortgage problems with purchasing pre-sale condominiums engineer in suit

In the past, many of my clients considered pre-sale condominiums to be lucrative investments. The familiar mantra remains “buy low, sell high.” Whether you intend to live in a residential unit, work in a commercial unit, rent out such units or try to sell or assign your condominium unit once the building is complete or nearly complete, the aforementioned investment strategy is usually based on the presumption that real property generally appreciates over time. ... [read more]

Wednesday, July 17, 2019 @ 1:38 PM

Dealing with liability waivers for minors Child sitting with broken legs

What can outdoor/adventure companies, school groups, summer camps, sports teams, recreational/community sports facilities — and their insurers — do to protect themselves from claims brought by minors who injure themselves while participating in a hosted activity? ... [read more]

Wednesday, July 17, 2019 @ 10:43 AM

Canada’s ambiguity on art: donations versus export Blue irises

The Heffel Gallery Limited v. Canada (Attorney General), 2018 FC 605 decision delivered by the Federal Court in June 2018 was met with considerable controversy. This decision is considered a significant art law decision within the art community as it marks the first time the “national importance” requirement has been judicially considered since enactment in the Cultural Property Export and Import Act in the 1970s. ... [read more]

Monday, July 15, 2019 @ 12:41 PM

Bank’s payments for rewards program subject to GST/HST Hand holding credit card on platter

In 2003, Air Canada and a large Canadian bank entered into a credit card agreement under which the bank would participate in Air Canada’s Aeroplan Miles program. The agreement set out the type of supplies that would be offered by Aeroplan Limited Partnership (Aeroplan) to the bank and described how the payments made by the bank would be calculated. ... [read more]

Monday, July 15, 2019 @ 11:14 AM

Preconceived views on sex stereotypes affect male stripper case female and male heads

A male strip club, a group of women out for a birthday, a booth, bottle service, a lap dance and the VIP room. The decision released by the Court of Appeal in R. v. Cepic 2019 ONCA 541 is more like reading a tabloid at the grocery store that you can’t put down. ... [read more]

Friday, July 12, 2019 @ 11:49 AM

Pitfalls in negotiating franchise area development agreements franchise development

Franchise area development agreements give franchisors the ability to outsource to area developers some of the work involved in locating franchisees, as well as setting up and operating franchised locations within a certain territory. ... [read more]

Friday, July 12, 2019 @ 11:02 AM

Will-maker does not need ‘encyclopedic knowledge’ to understand assets Person holding glasses paper

A recent Ontario Court of Appeal decision has given greater clarity to how the courts treat a will-maker’s knowledge of his or her assets and serves as a reminder of how solicitors can and should ensure their clients’ testamentary capacity is well evidenced following their death. ... [read more]

Thursday, July 11, 2019 @ 8:22 AM

Execution before judgment scales_justice_sm

It has long been the general rule in Canada that execution cannot be obtained prior to judgment and judgment cannot be recovered before trial. The term execution includes any order abrogating a defendant’s rights prior to a trial. Such orders, apart from certain exceptions, will not be granted. In a rare case, Falcon Motor Express Ltd v. Grewal, et al., 2019 ONSC 1529 (Falcon), the Ontario Superior Court of Justice addressed the difference between execution before judgment and an interim order under the oppression remedy s. 248 of the Ontario Business Corporations Act (OBCA). ... [read more]