Lerners LLP

P.O. Box 2335
London, ON N6A 4G4, Canada

Contact: Donna Lindquist

  • 519.672.4510
  • 519.932.3291

First Ontario Privacy Class Action Certified Against Employer via Vicarious Liability

In Evans v. Bank of Nova Scotia, 2014 ONSC 2135, Justice Smith certified a class action for, among other claims, the tort of inclusion upon seclusion, against both the Bank of Nova Scotia (the “Bank”) and Richard Wilson. This is…more

Banks, Canada, Class Action, Class Certification, Intrusion Upon Seclusion

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The risk of self-incrimination in cross-border disputes: Hollinger case study – Part II

Sun-Times Media Group, Inc. v. Black, [2007] O.J. No. 795, is another case involving the former officers and directors of the Hollinger-related corporations, which highlights the risk of self-incrimination that officers and…more

Canada, Cross-Border, Foreign Jurisdictions, Frozen Assets, Self-Incrimination

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Buyers Beware When Purchasing a Home

When purchasing a home, the purchaser should be aware that the doctrine of “Caveat Emptor” or “let the buyer beware” generally applies to the sale of a property. The purchaser has an obligation to inspect the property and to…more

Buyers, Defect, Duty to Disclose, Latent Defects, Property Owners

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Facebook Posts Breached Confidentiality Agreement

The decision of the Human Rights Tribunal of Ontario (“HRTO”) in Tremblay v. 1168531 Ontario Inc. serves as yet another reminder that Facebook postings can have significant consequences. It is also the first decision before the…more

Canada, Confidentiality Agreements, Facebook, Settlement

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Amendments to the Statutory Accident Benefits Schedule Effective February 1, 2014

On December 17, 2013, the government published Ontario Regulation 347/13, amending the Statutory Accident Benefits Schedule. This Regulation comes into force on February 1, 2014. The changes will affect attendant care,…more

Canada, Healthcare, Statutory Accident Benefits

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The Supreme Court Holds that Preferability May Hinge on Substantive Access to Justice

In AIC Limited v. Fisher, 2013 SCC 69, the Supreme Court of Canada ruled on what makes a class action a preferable procedure under s.5(1)(d) of the Class Proceedings Act, 1992. The Supreme Court’s decision on this point came…more

Canada, Class Action, Rules of Civil Procedure, SCC

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Back to Basics: Attempting to Make Sure a Trial Judge Applies the Proper Analysis to Cases Alleging Non-Repair of a Roadway

The underlying premise of this paper is that over the past 20-30 years Ontario courts have, on a number of occasions, both at the trial level and on appeal, failed to properly apply the traditional test for non-repair set out in…more

Apportionment, Dangerous Condition, Governmental Liability, Judges, Municipal Act

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A real estate broker was permitted to keep his registration where a brokerage loses its registration due to the conduct of the broker

While it may seem an odd result at first blush, the recent decision of the Court of Appeal clearly explains how this was one of the possible appropriate outcomes…more

Appeals, Brokers, Licenses, Real Estate Market

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Can I help my sick family member without losing my job?

aring for a critically ill family member can be an emotionally taxing and stressful experience. Canadian law recognizes the inherent difficulties in balancing an employee’s desire to care for an ill family member and their…more

Canada, Employee Rights, Employer Liability Issues, Employment Standards Act, Family Members

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Sex in the Workplace Is Not Always Cause for Dismissal

It may be surprising to some, but sex in the workplace is not always sufficient cause for dismissal. In a Federal Court of Appeal decision (Payne v. Bank of Montreal, 2013 FCA 33), an employee’s dismissal for sex in the…more

Adverse Employment Action, Canada, Code of Conduct, Employer Liability Issues, Sexual Conduct

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The Mazda 3 Lock – alleged “shoddy goods” are not always defective

Following a common issues trial solely on questions of liability, Justice Viens of the Quebec Superior Court found that there was no liability with respect to the allegedly defective locking mechanism in Mazda 3 vehicles’…more

Automobile Recall, Automotive Industry

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A Sea Change in the Interpretation of Contracts (and much more)

On August 1, 2014, the Supreme Court of Canada handed down a unanimous decision (Sattva Capital Corporation v. Creston Moly Corporation et al, 2014 SCC 53) that amounts to a sea change in the interpretation of contracts in…more

Canada, Contract Interpretation, Corporate Counsel

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Preparing for Mediation: Where the Real Advocacy Begins

The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire litigation process where…more

Client Services, Damages, Liability, Mediation, Mediation Conferences

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Supreme Court of Canada refuses to deduct pension earnings from wrongful dismissal damages

Mr. Waterman worked for IBM (United Kingdom) and subsequently IBM (Canada) for 42 years when he was dismissed without cause in March of 2009 and was given 2 months of pay in lieu of notice. Subsequently, he began collecting…more

Canada, Pensions, SCC, Termination, Wage Deductions

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Compensation Awards in Sexual Assault Cases - Case Summary #2

M.B. v. 2014052 Ontario Ltd. (Deluxe Windows of Canada), 2012 ONCA 135 M.B. moved to Canada in 2002 and began working at Deluxe Windows of Canada (“Deluxe Windows”) in December 2003 as a commissioned salesperson. She worked…more

Aggravated Damages, Appeals, Employer Liability Issues, Medical Expenses, Pain and Suffering

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The Oppression Remedy

A corporation or company is a legal entity. That means it has the same rights and abilities as person. Problems arise in that corporations involve the interests of many individuals, whether they be its shareholders, directors,…more

Evidence, Minority Shareholders, Oppression Remedy, Standing

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Watching the Creation of Memories from Inside the Brain

We all know the brain is the centre of human consciousness. The brain also controls all of our subconscious thoughts, as well as it acts as the processor for all of the body’s functions. Memories, too, also are formed and…more

Biotechnology, DNA, Healthcare, Technology

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Williams v. Pintar; Jevco Insurance Company, Third Party, 2014 ONSC 1606

The traditional view has been that a motor vehicle accident victim had no right to claim directly against the at-fault motorist insurer until Judgment was obtained. Section 258(1) of the Insurance Act permits a non-party to the…more

Auto Insurance, Car Accident

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Goodbye Consent Dismissal Orders

On October 22, 2013, Financial Services Commission of Ontario (“FSCO”) announced that the Dispute Resolution Practice Code is being amended effective November 1, 2013 to eliminate the issuing of Consent Dismissal Orders in all…more

Canada, Consent, Dismissals, FSCO

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Examinations Under Oath - Does Privilege Attach to the Transcript?

In Fitzpatrick v. Wang [2014 ONSC 4251], the underinsured carrier moved to obtain a copy of a transcript from an Examination Under Oath of a tort Defendant. On November 20, 2009, Chang Wang was involved in a motor vehicle…more

Auto Insurance, Car Accident, Examinations Under Oath, Transcripts, Uninsured and Under-Insured Motorists

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Auditors’ Liability to Third Parties: In Pari Delicto – Part II

The application of the in pari delicto defence in the United States is subject to significant jurisdictional variability. Case law reveals at least two different approaches to the scope of the defence: (i) a narrow application…more

Auditors, In Pari Delicto, Third-Party Liability, Third-Party Relationships

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Unsuccessful Summary Judgment Motion to Dismiss Non-Earner Benefits

The Court has rendered another decision in relation to a Summary Judgment Motion brought by an Insurer to dismiss a Plaintiff’s claim for non-earner benefits…more

Canada, Motion to Dismiss, Summary Judgment, Unemployment Insurance

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Should I Bring a Change of Venue Motion?

There has been some confusion in recent case law as to the proper test to be applied on a change of venue motion. It is clear that the starting point for where an action can be commenced is straightforward: the plaintiff can…more

Transfer of Venue, Venue

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Lerners Personal Injury Lawyers Succeed in Divisional Court Catastrophic Impairment Case

Last week, the Divisional Court released its decision in Security National v. Hodges, 2014 ONSC 3627. This was a judicial review of a Financial Services Commission of Ontario Director’s Delegate decision. The respondent,…more

Auto Insurance, Canada, Car Accident, Traumatic Brain Injuries

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Examinations by Non-Medical Practitioners

In the recent decision of Ziebenhaus v. Bahlieda[1], the Divisional Court had opportunity to consider the Court’s ability to order a party to undergo an examination. Specifically, the issue was whether a judge of the Superior…more

Expert Testimony, Jurisdiction, Medical Examinations, Rules of Civil Procedure

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The Importance of Having Sufficient Insurance Coverage

Question: "I drive a truck and a close friend of mine will borrow my truck sometimes for errands, and then I just use his car. We have different vehicle insurance policies. If I was to get in an accident with his vehicle, could…more

Auto Insurance, Canada, Car Accident

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Widespread Sexual Abuse of Children in Remote Northern Community Results in Another Priest Being Found Guilty of Sex-Related Offences

The press reported late last week that former Roman Catholic priest and Oblate missionary Eric Dejaeger has been convicted on 24 of 80 sex-related charges involving Inuit children from the remote community of Igloolik in the…more

Aboriginal Issues, Canada, Minors, Priests, Sexual Abuse

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Opportunities for Summary Judgment in Municipal Liability Cases

In light of the decision in Combined Air Mechanical Services v. Flesch, counsel in municipal cases must re-assess their opportunities for summary judgment. In Combined Air, the Ontario Court of Appeal identified a new category…more

Highways, Municipalities, Notice Requirements, Rule 20 Motion, Safety Precautions

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Confidentiality Agreements - You Need One Before Your Company Shows Its Assets

So, you're putting your company up for sale. You or an advisor that you've retained are inviting potential buyers to have a look. Before you open the books or provide company contracts and records for review, you need to have…more

Confidential Information, Confidentiality Agreements, Trade Secrets

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An Update on "Overtime" Class Actions

Since 2012, “overtime” class actions have been successfully certified in Ontario but were limited to certain areas. Recent additional certification success suggests we are likely to see more such claims. At a basic…more

Canada, Class Action, Employee Rights, Over-Time, Unpaid Overtime

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Court of Appeal Discusses Coverage Exclusions in Homeowner’s Insurance Policy - Bawden v. Wawanesa Mutual Insurance Company, 2013 ONCA 717

This recent decision of the Ontario Court of Appeal contains an interesting discussion regarding the applicability of a coverage exclusion found within many standard homeowner’s insurance policies — the exclusion of claims…more

Bodily Injury, Canada, Exclusionary Clauses, Homeowner's Insurance, Third-Party Liability

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Why Settle When You Can Have It All? Settlement Conference Orders in Small Claims Court

It is settled law that summary judgement is not available in Ontario Small Claims Court actions, per se. However, recent experience suggests that defendants are not without an alternative to settlement for achieving the early…more

Canada, Jurisdiction, Settlement, Small Claims Court, Summary Judgment

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Statutory Claims Against Manufacturers

When a dissatisfied consumer sues a manufacturer in Ontario, the unhappy consumer will frequently rely upon the Sale of Goods Act and the Consumer Protection Act, 2002. However, neither statute applies if the consumer did not…more

Canada, Consumer Protection Act, Manufacturers, Retailers, Sale of Goods Act

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Non-party SIU Ordered to Produce Witness Statements in Police Litigation

In the recent case McGillivary v. Toronto Police Services Board, 2014 ONSC 865, Master Muir granted the plaintiffs’ Rule 30.10 documentary production motion with regards to evidence obtained by the non-party Special…more

Canada, Document Productions, Law Enforcement, Third-Party, Witness Statements

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Are You Awake?

A recent decision I came across reminded me that while sometimes the law is complex, sometimes it only sounds complex but is really just common sense. In Justice Gray’s decision in Bhuvanendra v. Sivapathasundram et al, 2014…more

Contract Formation, Signatures, Void and Unenforceable

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Navigating The All-Risks Policy: Is Wear And Tear A Fortuitous Risk?

In its decision in 1422253 Ontario Limited O/A Esso Fourth Avenue Gas Bar v. Coachman Insurance Company, 2013 ONSC 5740, the Divisional Court held that damages resulting from wear and tear can, in certain circumstances, be…more

All-Risks Insurance, Canada, Damages, Storage Tanks

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Commentary on Schmitz v. Lombard

On February 4, 2014, the Ontario Court of Appeal may have finally put to rest the longstanding issue regarding the length of the applicable limitation period and when it begins to run regarding claims for underinsured motorist…more

Auto Insurance, Canada, Uninsured and Under-Insured Motorists

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Keep the Holiday Season Happy and Merry

At this time of year, a number of businesses entertain their customers, clients and employees at a seasonal party. On some occasions, the party is held onsite. In other instances, the party may be at a licensed premise or…more

Canada, Holiday Parties

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Insurers Beware: Duty to defend insured can arise even without ongoing duty to indemnify

We have invited Zohar Levy, a lawyer in our insurance defence practice group, to do a guest blog on a topic we thought might be relevant to some of you. In the recent decision in Jevco Insurance Company v. Malaviya,…more

Duty to Defend, Indemnification, Insurers

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Legal Information Bulletin: Canada’s Anti-Spam Legislation

Canada’s Anti-Spam Legislation (CASL) is coming into force on July 1, 2014. The purpose of this law is to help regulate commercial conduct by prohibiting certain commercial activities that are performed through electronic…more

Anti-Spam Legislation, Canada, CASL, Spam

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Can a hyperlink be defamatory?

Now that traditionally print and television-based publications are being published on the internet, courts are being asked to apply defamation law to internet publications. The unique structure of the internet as a medium…more

Canada, Defamation, Hyperlink, Media, Popular

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Consignment: Recovering Goods or Proceeds from a Bankrupt Client

When a client goes bankrupt, an unpaid supplier is often left with few remedies. Generally speaking, the unpaid supplier’s recovery is limited to their proportional share of what is left of the proceeds from the bankrupt’s…more

Consumer Bankruptcy, Recovery Laws, Trusts

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"Trust" It or Lose it: Future Collateral Benefits in Motor Vehicle Accident Jury Trials

A staple of every well written Statement of Defence includes the plea for entitlement to the benefits of all insurances provided pursuant to section 267 of the Insurance Act. Where a Plaintiff receives payments for collateral…more

Auto Insurance, Car Accident, Collateral Benefits, Statement of Defence, Trusts

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Possession is Key in Consent Case

The Ontario Superior Court of Justice recently had to consider the vicarious liability of a vehicle’s owner for the negligence of an impaired driver in Watts v. Boyce, Dunham and the Co-operators General Insurance Company, 2013…more

Canada, Car Accident, DUI, Vicarious Liability

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A Bankrupt Can't Escape a Judgment for Sexual Assault

Under most circumstances, an order of discharge releases a bankrupt person from all debts. There are, however, exemptions that have been legislated to ensure that a bankrupt party does not escape a debt arising from certain…more

Consumer Bankruptcy, Dischargeable Debts, Exemptions, Intentional Injury Exception, Intentional Torts

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Argue v. Tay (Township): Supreme Court Denies Leave to Appeal after Claim is Dismissed for Failure to Comply with 10-day Municipal Act Notice Requirement

The Supreme Court of Canada has dismissed the plaintiff’s application for leave to appeal after her claim was dismissed on a summary judgment motion for failure to provide written notice to the clerk of the municipality within…more

Canada, Car Accident, Constructive Notice, Municipalities, Notice Requirements

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Are Canada's No Cost Class Action Jurisdictions Moving to a Pre-Certification Cost Regime?

While Ontario continues its review of its Class Proceedings legislation, including its rules in respect to awarding costs, the case law in Canada’s so called “no cost” class action jurisdictions continues to develop…more

Canada, Class Action, Legal Costs, Litigation Fees & Costs

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Supreme Court Denies Leave in Self-Identified Problem Gamblers Class Action – Class Action Remains Uncertified

In Dennis v. Ontario Lottery and Gaming Corporation, 2013 ONCA 501, the Ontario Court of Appeal dismissed the appeal of an unsuccessful certification motion. The class action was commenced on behalf of residents of Ontario and…more

Canada, Class Certification, Gambling, Lottery

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Proceeding Concurrently in Multi-Jurisdictional Hearings: Form or Substance?

When parallel class actions in multiple provinces are resolved by one settlement agreement, procedural and jurisdictional issues may arise regarding the conduct of the settlement approval hearings. Recent decisions have…more

Class Action, Cross-Border, Foreign Jurisdictions, Jurisdiction, Settlement

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Auditors’ Liability to Third Parties: In Pari Delicto – Part II

The application of the in pari delicto defence in the United States is subject to significant jurisdictional variability. Case law reveals at least two different approaches to the scope of the defence: (i) a narrow application…more

Auditors, In Pari Delicto, Third-Party Liability, Third-Party Relationships

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Is a FSCO Arbitration Backlog Developing?

Listening to the news about the cresting flood waters in Manitoba, I am reminded about the flood of accident benefit disputes making its way through Financial Services Commission of Ontario (FSCO)…more

Arbitration, Canada, FSCO

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Personal Injury Motor Vehicle Litigation: SABS and Tort

The purpose of this paper is to provide a general overview of the tort and the Statutory Accident Benefits Schedule – Effective September 1, 20101 (“SABS”) systems that apply to personal injury motor vehicle litigation. It must…more

Bodily Injury, Car Accident, Motor Vehicles

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Consignment: Recovering Goods or Proceeds from a Bankrupt Client

When a client goes bankrupt, an unpaid supplier is often left with few remedies. Generally speaking, the unpaid supplier’s recovery is limited to their proportional share of what is left of the proceeds from the bankrupt’s…more

Consumer Bankruptcy, Recovery Laws, Trusts

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Can a hyperlink be defamatory?

Now that traditionally print and television-based publications are being published on the internet, courts are being asked to apply defamation law to internet publications. The unique structure of the internet as a medium…more

Canada, Defamation, Hyperlink, Media, Popular

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Norwich Order against OPP in car accident case upheld on appeal

On March 11, 2013, the Ontario Court of Appeal released its decision in Muller v. Bluewater Recycling. The decision under appeal had been successfully argued by Alfonso Campos Reales, personal injury lawyer from Lerners. The…more

Canada, Car Accident, Conflicts of Interest, Mootness

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Lerners Personal Injury Lawyers Succeed in Divisional Court Catastrophic Impairment Case

Last week, the Divisional Court released its decision in Security National v. Hodges, 2014 ONSC 3627. This was a judicial review of a Financial Services Commission of Ontario Director’s Delegate decision. The respondent,…more

Auto Insurance, Canada, Car Accident, Traumatic Brain Injuries

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The Limitations Act, Section 7: Are the Floodgates Opening? Landrie v. Congregation of the Most Holy Redeemer, 2014 ONSC 4008

It has been said that hard facts are apt to introduce bad law. This may occur when judges are asked to exercise their discretion to provide relief to a party facing severe consequences. An example of this might be a plaintiff…more

Bodily Injury, Canada, Statute of Limitations

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Interesting cost decision from the Court of Appeal

The Ontario Court of Appeal recently released an important decision on the issue of costs in Elbakhiet v Palmer. The case involved a rear end motor vehicle accident. The plaintiff claimed that she sustained headaches,…more

Appeals, Car Accident

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Insider Trading - Private Corporations

Insider trading at large publicly traded corporations makes news headlines and is the stuff of Hollywood movies. Less talked about is Canadian and Ontario corporate laws prohibiting insider trading in privately held…more

CBCA, Insider Trading, OBCA, Privately Held Corporations

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RRSP Eligibility for Renewable Energy Co-Operatives: Could there be a solution at last?

One of the major obstacles facing renewable energy co-operatives is the concern that, although they are a co-operative for the purposes of the Cooperative Corporations Act (Ontario) (the “CCA”), they may not be co-operatives for…more

Canada, Corporate Taxes, Energy, Income Taxes, Renewable Energy

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Helping You Help Your Patients: Learning about insurance issues in MVA cases

In This Presentation: - Motor Vehicle Accident Legislation - Tort Claims - Pecuniary Loss - Non-Pecuniary Losses - Threshold - Limitations - Statutory Accident Benefits -…more

Attendant Care, Car Accident, Catastrophic Impairment, Collateral Benefits, Limitation Periods

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The Tail Won’t Wag the Dog: Ontario Court of Appeal Declines Jurisdiction Over Securites Misrepresentation Case Outside Canada

The Ontario Court of Appeal has called on judges to show restraint in assuming jurisdiction over securities trading on foreign exchanges, in its recent decision Kaynes v BP, PLC, 2014 ONCA 580. While the plaintiffs in this…more

Appeals, BP, Canada, Class Action, Deepwater Horizon

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Is a Deal a Deal?

So you’ve found your dream neighbourhood. Close to parks and schools. Near your children’s friends. Safe. Close to work. You find the perfect house for you and your family in your dream neighbourhood and it is for sale. You…more

Canada, Real Estate Market, SCC

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When Does an Employee Lose Entitlement to Notice of Termination and Termination Pay?

Under the Employment Standards Act, 2000, an employee who has been guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer is not entitled to notice of…more

Canada, Hiring & Firing, Notice Requirements, Termination

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Joint Accounts: Is the Surviving Owner Really Entitled to the Money?

Joint bank accounts can provide that the survivor of the joint owners is entitled, by right of survivorship, to the balance left in the account upon the death of the other joint owner. But will this actually occur?…more

Estate Planning, Joint Accounts

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Can I Paint My House Bright Pink?

Long before municipal zoning by-laws existed, restrictive covenants were used as an effective community planning tool. If Susan owned a large parcel of land and sold a piece to Jason, Susan may have required that Jason promise…more

Restrictive Covenants, Subdivision

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Thirty Day Rule: Recovering Goods or Proceeds from a Bankrupt Client

When a client goes bankrupt, an unpaid supplier is often left with few remedies. Generally speaking, the unpaid supplier’s recovery is limited to their proportional share of what is left of the proceeds from the bankrupt’s…more

Commercial Bankruptcy, Creditors, Goods, Insolvency, Suppliers

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Retroactive Attendant Care Benefits

The recent decision in Kelly v. Guarantee Company of North America, FSCO A12-006663, (August 7, 2014), considered a claim for retroactive attendant care benefits under the Statutory Accident Benefits Schedule (SABS)…more

Attendant Care, Catastrophic Impairment, FSCO

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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Family Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Number of Attorneys

100+ Attorneys

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