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Published on: 28 Apr 2021 By (She/Her)

Assessing medical malpractice damages—past and future expenses including health care costs

This article on past and future expenses including health care costs is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between …

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Published on: 26 Apr 2021 By

Electronic employee monitoring: Can you do it and what are the limits?

With approximately 40% of Canadians currently working from home due to the pandemic, employers are increasingly looking for ways to supervise and monitor productivity and attendance. While employers can monitor and collect information on their employees as part of their general right to mana…

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Published on: 21 Apr 2021 By

Laws of attraction: When allowing employee romances may be bad for business (and the employer’s pocketbook!)

Many people spend the majority of their waking hours at work. Close bonds and friendships often develop between coworkers and, at times, romantic or sexual relationships result. So what’s an employer to do when the “laws of attraction” pose risk to the workplace – possibly even clash with th…

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Published on: 16 Apr 2021 By (She/Her)

Can adultery be used as a reason for divorce?

Three grounds for divorce In Canada the laws related to divorce are governed by the Divorce Act, which effective March 1, 2021 underwent some significant amendments. The Divorce Act is federal legislation, so it applies all across Canada. The Divorce Act sets out what must occur prior to a C…

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Published on: 15 Apr 2021 By

Ontario Superior Court rules employer can’t refuse to comply with termination clause and later argue it’s enforceable

A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, suggests that employers run the risk of being found to have “repudiated” an otherwise valid employment agreement if they fail to comply with the termination provisions of that agreemen…

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Published on: 14 Apr 2021 By

Who has you covered? Ontario Court of Appeal narrows the availability of coverage for cyber matters under traditional insurance policies

Insuring your business may be costly, but gaps in your insurance may cost you more. A recent decision from the Ontario Court of Appeal could prevent you from making claims against your insurance policy if you happen to suffer a cyber security breach. In Family and Children’s Services of Lana…

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Published on: 13 Apr 2021 By

Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investors

In Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“SN 21-329”), the Canadian Securities Administrators (CSA) issued an ultimatum to crypto asset platforms operating within Canada or with Canadian users: Register, or else. Published o…

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Published on: 9 Apr 2021 By

Cy-prés distributions – Honouring “as close as possible”

In a previous blog post we had discussed the origin of cy-près distributions and their benefits. In sum, cy-près distributions help to enforce one of the public policy rationales behind class actions: behaviour modification by holding wrongdoers accountable for their actions. Where it is no …

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Published on: 5 Apr 2021 By ,

Driving into the future: Privacy and insurance implications of self-driving cars

Back in the early 90s, shows like Transformers and Knight Rider shaped and invigorated the imagination of young kids by integrating well known cars with computerized, autonomous, and intelligent personalities. The cars drove themselves; both literally and in personality. Today this story, wh…

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