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Tuesday, October 03, 2017 @ 8:35 AM

HEALTH CARE PROFESSIONALS - Regulation of health care professionals - Particular professions - Pharmacists - Practice and procedure - Injunctions

Application by the Eastside Pharmacy Ltd. (Pharmacy) for an interlocutory order staying the Minister of Health’s 2015 decisions refusing to enroll the Pharmacy as a PharmaCare provider and finding the Pharmacy owed $1,135,989 for alleged improper PharmaCare practices and for an order restoring the Pharmacy’s enrolment in the PharmaCare program. ... [read more]

Monday, October 02, 2017 @ 12:46 PM

Binnie says judges should lead by crafting new remedies for corporate abuses abroad Exclusive

One of Canada’s leading jurists is urging judges here to be more creative in developing the common law to provide access to justice for those harmed by Canadian mining companies or other extractive businesses operating abroad. ... [read more]

Monday, October 02, 2017 @ 9:28 AM

Non-plan-sponsor held liable for pension plan deficit Pension_defecit_sm

In Tibbett & Britten Group Canada Inc. v. Sobeys Inc. 2016 ONSC 643, the Ontario Superior Court of Justice held that the successor of the seller of a business was contractually liable to fund the wind-up deficit of the purchaser’s pension plan. ... [read more]

Monday, October 02, 2017 @ 8:42 AM

CIVIL PROCEDURE - Parties - Class or representative actions - Settlements

Motion by certain plaintiffs in a class action against Volkswagen (VW) for a declaration that VW had failed to meet the June 15, 2017 deadline for obtaining an Approved Emissions Modification (AEM) for their Generation 2 automatic transmission vehicles, triggering a clause in the Volkswagen Diesel 2.0 Litre Settlement Agreement (settlement agreement) entitling the plaintiffs to benefit from a loan forgiveness clause in exercising a buyback option for their VW vehicles. ... [read more]

Friday, September 29, 2017 @ 1:51 PM

First Canadian legal clinic for investors opens at Osgoode Hall Poonam_Puri

Middle-income Ontarians may not qualify for legal aid, but if they have suffered a loss on the capital markets due to improper investment advice or fraud, they will now be able to seek free legal assistance from a student-staffed clinic that opened in September at York University’s Osgoode Hall Law School in Toronto. ... [read more]

Thursday, September 28, 2017 @ 11:03 AM

CBA asks Ottawa for 'robust' protections for solicitor-client privilege at U.S. border Cyndee Todgham Cherniak

The Trudeau government should rewrite two intrusive customs bills that raise the risks at the Canada-U.S. border of abusive strip searches and interrogations of Canadian travellers by U.S. preclearance officials, violations of solicitor-client privilege and unconstitutional searches of cell phones and other electronic devices, the Canadian Bar Association (CBA) has advised Parliament. ... [read more]

Wednesday, September 27, 2017 @ 3:19 PM

Quebec court clarifies guidelines for treatment plans for 'incapable' patients Jean-Pierre Menard

A court asked to approve a psychiatric treatment plan for an “incapable” person must ensure that the plan does not give carte blanche to attending physicians, reaffirmed the Quebec Court of Appeal in a ruling that bolsters patient rights, according to mental health experts. ... [read more]

Wednesday, September 27, 2017 @ 9:50 AM

Manitoba Law Reform Commission calls for comment on administration of small estates Elizabeth McCandless sm

Manitoba is one of the few provinces in the country that has dedicated legislation and procedures surrounding the administration of small estates after someone’s death. The Manitoba Law Reform Commission, however, believes that the legislation should be updated in order to enhance access to justice. ... [read more]

Wednesday, September 27, 2017 @ 9:25 AM

Protecting residential purchasers in preconstruction real estate transactions Blueprint_sm

In the case of preconstruction home sales, with rare exception, developers dictate the terms of purchase agreements. It is therefore not a surprise that these terms are regularly drafted in a manner that is favourable to the seller. Given current market conditions, and the overwhelmingly high demand for homes, as a practical matter, purchasers are unlikely to succeed in negotiating better terms from a developer and must accept the terms dictated by the seller or risk losing the property to the next purchaser in line. ... [read more]

Tuesday, September 26, 2017 @ 11:49 AM

Ontario government sued over energy charge Jerome Morse, Morse Shannon LLP

An Ontario manufacturer has filed a lawsuit against the provincial government arguing the global adjustment (GA) fee charged on energy bills is unconstitutional, a case that an observer says will end up in front of the Supreme Court of Canada "no question." ... [read more]