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Civil Litigation

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Thursday, September 22, 2022 @ 1:41 PM

[ Legal Wire ] - Certification of class proceeding for the purpose of settlement ordered in Ticketmaster litigation

The Ontario Superior Court of Justice will order a certification of a class proceeding “for the purpose of settlement and approving the notices of settlement approval” in a dispute over Ticketmaster’s “failure to provide timely ticket refunds” during the pandemic. ... [read more]

Thursday, September 22, 2022 @ 1:34 PM

Patagonia ownership transfer: Lawyering for 21st century | Heidi J.T. Exner Back to school

The 83-year-old Patagonia founder and ex-billionaire Yvon Chouinard raised eyebrows earlier this month when he proclaimed “Earth is now our only shareholder,” and transferred ownership of his private company to a non-profit and trust. Holdfast Collective now owns 98 per cent of Patagonia’s stock, which constitutes the entirety of its non-voting shares. This means it stands to benefit economically to the tune of an estimated $100 million per annum in profits, paid as dividends. However, this ownership does not afford the non-profit control over Patagonia’s business operations. ... [read more]

Thursday, September 22, 2022 @ 12:37 PM

Polley Faith adds four associates

Polley Faith announced that former articling students Tabir Malik, Cori Goldberger, Flavia Zaka and Jeffrey Wang have joined the firm as associates. ... [read more]

Thursday, September 22, 2022 @ 10:17 AM

Lawyers: Learn to network and generate new business | Mark Borkowski

No profession is as bad as generating new business and generating new clients as lawyers. Why? Lawyers do not know how to network. ... [read more]

Thursday, September 22, 2022 @ 6:28 AM

WRONGFUL DISMISSAL - Civil procedure - Constructive dismissal

Appeal by the plaintiff Taylor from the dismissal of her action for constructive dismissal. On March 17, 2020, the Ontario government declared a state of emergency in response to the worldwide COVID-19 pandemic. Numerous emergency measures were enacted and still continued. At issue in this appeal were the amendments to sections 50.1 and 141 of the Employment Standards Act (ESA) and the provisions of O. Reg. 228/20 made under the ESA that created a new category of leave under the ESA, the infectious disease emergency leave. ... [read more]

Wednesday, September 21, 2022 @ 5:16 PM

[ Legal Wire ] - Beaconsfield increases its claim against Montreal and Quebec over municipal taxation

The Quebec town of Beaconsfield is increasing the value of its legal claim against the City of Montreal and the Quebec government, stating that the effect of increased property values reflected in a new three-year assessment (2023-2025 inclusive) will double its “overtaxation” by the Montréal Agglomeration. ... [read more]

Wednesday, September 21, 2022 @ 4:18 PM

[ Legal Wire ] - Litigation settled ‘amicably’ between Marineland of Canada, Inc., whistleblower Demers

Litigation between Marineland of Canada, Inc. and Phil Demers, a former Marineland animal trainer, has been “resolved amicably,” Marineland has announced. ... [read more]

Wednesday, September 21, 2022 @ 4:16 PM

[ Legal Wire ] - Federal Court grants defendant ‘untimely’ motion to amend, awards plaintiff costs in patent dispute

The Federal Court of Canada granted a motion to amend a statement of defence in a patent dispute, but ordered costs be paid to the plaintiff as the motion to amend was “untimely” and due only to the defendant’s “change of heart and/or of solicitors.” ... [read more]

Wednesday, September 21, 2022 @ 2:19 PM

Dependent support claims: Liabilities of the estate trustee Hand held out in request

There are many times when a person dies and does not leave a will, or their will does not leave adequate share for the dependants. These dependants may have a valid claim that they are entitled to receive support from the estate of the deceased. In order for a dependant to receive support from the estate, they must bring a Dependant Support Claim. ... [read more]

Wednesday, September 21, 2022 @ 12:22 PM

Standing up to inflation by varying one outdated spousal support order or agreement at a time Shoes with graphs

Amidst the steepest inflation rate in decades and food prices rising by 8.8 per cent this past year, many Canadians face the growing difficulty of affording daily expenses. This strain is especially felt by those experiencing income instability, including the elderly and those with disabilities. ... [read more]