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Published on: 11 Feb 2021 By

There’s Gold in Them Thar Hills – Wong v Pretium Resources

Introduction Wong v Pretium Resources (“Pretium”) was a securities class proceeding premised on the issue of whether the defendant gold mining company’s failure to disclose the negative opinion of one of its mining consultants, Strathcona, amounted to an omission of a material fact, and thus…

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Published on: 28 Jan 2021 By

Assessing medical malpractice damages—contingencies

This article on contingencies 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 between individuals. The assessment of damages is …

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Published on: 26 Jan 2021 By

Will mandatory vaccination policies be enforceable in unionized workplaces?

Employers across the world are discussing the risks and merits of imposing mandatory vaccination policies in response to the COVID-19 pandemic. While there is still no certainty about the enforceability of these policies, decisions from labour arbitrators give us some idea of the principles …

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Published on: 26 Jan 2021 By ,

A new Privacy Commissioner may be coming to town

Lawyers have been chatting around the water cooler about “Bill C-11”. But what is that and how does it affect you? As explained in our previous article about whether the Prime Minister could ban TikTok, the data privacy of Canadians is governed by PIPEDA. This Act sets Canada’s current stand…

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Published on: 18 Jan 2021 By

Naturopathy, medical cannabis, and other ‘novel’ treatments are acceptable within the Ontario Statutory Accident Benefits Schedule

Being injured in a motor vehicle collision is already a challenge. Those who seek support from naturopaths, medical cannabis, or other ‘novel’ treatments to aid in their recovery may feel added stress as to whether the treatment they seek will be approved, and paid for, within the scheme of …

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Published on: 15 Jan 2021 By

Employers should brace themselves for more workplace inspections

The Ontario Minister of Labour has announced that it will be increasing workplace inspections to ensure employers are operating safely as part of its Stay Safe All Day campaign to reduce the spread of COVID-19.  What sectors will be most affected? The campaign is said to focus on workplaces …

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Published on: 15 Jan 2021 By

How to trim eDiscovery costs part five: Archive unnecessary data from your workspace

In my previous blog posts How to trim eDiscovery costs part one: laying the groundwork, How to trim eDiscovery costs part two: review fewer documents and review efficiently; How to trim eDiscovery costs part three: leverage technology by adding tools and apps to your review and How to trim e…

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Published on: 13 Jan 2021 By

When is a Freedom of Information request frivolous or vexatious?

Freedom of information requests will be refused if they are “frivolous or vexatious.” The bar is very high for a request to be considered frivolous or vexatious – the head of the institution that is refusing the claim needs to have evidence to substantiate their decision. This short article …

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Published on: 13 Jan 2021 By

Rental car companies are liable for the renter’s negligence, even where the renter used a fake name, paid cash, and let someone else crash the car

Mamo v. Morgan, 2020 ONSC 7829 Is a rental car company responsible for the harm its renter causes in a car accident with the rented car? Yes. What if the renter used a stolen identity to rent the car and paid in cash? Yes. What if the renter did all that and then let their...

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