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Tuesday, May 08, 2018 @ 8:48 AM

How Bill C-75 fundamentally abrogates due process chair.jpg

On March 29, 2018, Bill C-75 was presented to Parliament by the federal justice minister. The bill purports to modernize Canada's Criminal Code but commentators began criticizing it within hours of first reading. After closely reviewing that bill, I agree that Bill C-75 contains provisions which abrogate due process in a fundamental way. It seeks to limit oral testimony at trial by police officers. ... [read more]

Monday, May 07, 2018 @ 8:52 AM

Data breach notification obligations coming into force privacy_breach_sm

On April 18, 2018, the federal government released the Breach of Security Safeguards Regulations (The “Regulation”), which set forth the rules and requirements applicable in the event of a breach of security safeguards affecting personal information. The Regulation will come into effect on November 1, 2018, at the same time as the statutory requirements pertaining to data breach reporting. ... [read more]

Friday, May 04, 2018 @ 1:44 PM

Accounting of profits offers significant benefits to patent owners ideamachine

Recent cases have spotlighted a tremendous advantage to litigating IP rights in Canada. ... [read more]

Friday, May 04, 2018 @ 9:33 AM

Stealth in a Mareva injunction: Ontario’s first ex parte appeal frozen_money_sm

The Mareva injunction is the best tool available for victims of fraud by ensuring that a defendant’s assets do not vanish before a plaintiff can collect on a judgment. Especially in the context of an alleged fraud, Marevas are typically sought ex parte — without notice — to the defendants. It is not difficult to see why. If given advanced notice that their accounts may be frozen, accused fraudsters may dissipate their assets leaving themselves judgment proof and their victims without recourse. ... [read more]

Friday, May 04, 2018 @ 8:35 AM

Nondisclosure agreements revisited in the wake of #MeToo womanandmanshakinghands_sm.jpg

Private settlement agreements in wrongful dismissal claims typically require that the claimant agree to maintain strict confidentiality regarding settlement terms. However, in contentious wrongful dismissal litigation, some employers seek to impose broad nondisclosure terms that extend well beyond the terms of settlement, but in fact, seek to silence the claimant from revealing or discussing embarrassing facts or allegations underlying the legal claim. Until recently, such confidentiality restrictions have not been highly contentious or controversial. ... [read more]

Thursday, May 03, 2018 @ 9:00 AM

Duty of an occupier spelled out in slip and fall appeal occupier_liability_sm

On March 27, 2018, the Ontario Court of Appeal released a decision in the case of Tondat v. Hudson’s Bay Company 2018 ONCA 302. The case involved a slip and fall accident at a Hudson’s Bay department store and provides important lessons for retail stores and other occupiers. ... [read more]

Thursday, May 03, 2018 @ 8:47 AM

Four common reasons for being refused entry to the U.S. refused_entry_sm

There are lots of obvious reasons why someone might be turned away at the border (such as drug trafficking, smuggling, having committed a violent felony, etc.). However, many well-meaning individuals can also get caught in the U.S.’s net of inadmissibility due to far less deliberate or insidious acts. ... [read more]

Wednesday, May 02, 2018 @ 1:11 PM

Protecting your foreign investment Manon$withtelescope

The proliferation of foreign direct investment is a natural consequence of today’s borderless economy. The significant political and economic risks inherent in such investment must be mitigated and managed carefully. The following are measures enterprises should take to protect their foreign investments. ... [read more]

Wednesday, May 02, 2018 @ 8:28 AM

E-discovery, the Sedona Principles and Quebec’s procedural laws electronic_discovery_sm

In Canada, challenges brought by the increased use of electronically stored information (“ESI”) in legal procedures and the discovery of such documents (“e-discovery”) have been notably addressed through the application of the Sedona Canada Principles (“Sedona Principles”). While Canadian courts increasingly refer to these principles for guidance, as exemplified by the formal amendments made by jurisdictions like Nova Scotia and Ontario to address e-discovery issues, their endorsement is not unanimous. ... [read more]

Tuesday, May 01, 2018 @ 3:20 PM

Did Appeal Court decision reinforce discrimination? manandwomanonmoney_sm

Are women to obtain preferential treatment under some aspects of our common law system? Or should the courts revisit such dated concepts and implement gender equality, which is what most women wish in our modern society? ... [read more]