Lerners LLP

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

Contact: Donna Lindquist

  • 519.672.4510
  • 519.932.3291

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
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Taxation

Estate Planning: The difference between joint tenancy and tenancy in common

In ancient Egypt, people once believed that their property would accompany them upon death. However, in 21st century Canada, it’s no secret that one cannot take their real or personal property with them when they die. A Will…more
| Real Estate - Residential, Wills, Trusts, & Estate Planning

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
| Alternative Dispute Resolution (ADR), Finance & Banking, Insurance

Incurred Treatment

A recent Appeal decision by Director’s Delegate Evans provides some guidance on the requirement that treatment be “incurred” before it is payable under the Statutory Accident Benefits Schedule, Accidents on or after November 1,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Personal Injury

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
| Civil Procedure, Business Torts, International Law & Trade, Securities Law

Accidents Outside Ontario - Where Do You Still Qualify for Accident Benefits?

The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) (“Jama”) is the most recent decision considering the territorial limits of the Statutory…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Personal Injury, Insurance, International Law & Trade

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
| Civil Procedure, Commercial Law & Contracts

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
| Civil Procedure, Consumer Protection, Personal Injury, Products Liability

A Little Bit Country: Road Access and Cottage Ownership

Cottage ownership is a dream for many Canadians. The idea of a remote getaway where one can leave behind the stresses of the work week for a quiet, peaceful weekend with the family appeals greatly to many. However, reaching…more
| Real Estate - Residential

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
| Civil Procedure, Personal Injury

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
| Civil Procedure, Commercial Law & Contracts

The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required Clark,…more
| Civil Procedure, Constitutional Law, Criminal Law, International Law & Trade, Science, Computers, & Technology

Current trends in the risk of self-incrimination in cross-border disputes

Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour of…more
| Civil Procedure, Constitutional Law, Criminal Law, International Law & Trade

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
| Civil Procedure, Civil Remedies, Finance & Banking, Personal Injury, Privacy

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
| Civil Procedure, Civil Remedies, Personal Injury
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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
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  • 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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