Climate-Change Litigation: Failure to disclose risks
On July 22, 2020 a 23 year old individual led the filing of a class action lawsuit against the Australian government alleging that the government failed to disclose the material risk of climate change to investors in government bonds1. Instead of seeking damages the relief sought seeks to re…
View the post titled Climate-Change Litigation: Failure to disclose risksCommunication breakdown – Warner v Google LLC
Introduction The British Columbia Supreme Court’s recent decision in Warner v Google LLC (“Warner”)1, a privacy class action related to the collection of data from smartphones, puts the role of the representative plaintiff and the nature of the solicitor-client relationship in the class acti…
View the post titled Communication breakdown – Warner v Google LLCIntellectual property considerations for Professionals: Who owns educational or promotional content (like this article)?
Copyright in content Many businesses, including medical clinics and dental offices, are re-opening after being forced to shut down by public health authorities during the COVID-19 pandemic. During the shut down, many professionals and small business owners published various articles, blog po…
View the post titled Intellectual property considerations for Professionals: Who owns educational or promotional content (like this article)?Filing deadlines extended for patents, trademarks and industrial designs in response to COVID-19 – Update: Final extension
Note: This post has been updated to reflect additional notices issued by CIPO, mostly recently on August 5, 2020, each which further extended the previously announced extension. As Canada responds to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has taken the drasti…
View the post titled Filing deadlines extended for patents, trademarks and industrial designs in response to COVID-19 – Update: Final extensionRecent court decisions create and perpetuate uncertainty in Ontario employment law
As COVID-19 seemed to put the world on “hold” for some time in 2020, Ontario courts were still busy at work releasing decisions with significant implications for employers. While we generally expect court decisions to resolve uncertainties in the law, I want to highlight three recent decisio…
View the post titled Recent court decisions create and perpetuate uncertainty in Ontario employment lawEssential visitors, essential caregivers, and COVID-19
During the COVID-19 pandemic, strict guidelines have been put in place regarding visitors at long-term care homes. On June 10, 2020, the Chief Medical Officer of Health (“CMOH”) provided an update to “Directive #3” to include precautions and procedures for homes to follow in relation to mana…
View the post titled Essential visitors, essential caregivers, and COVID-19Resuming visits in long-term care homes
On March 13, 2020, visits were restricted in long term care homes and other residential care settings to reduce the spread of COVID-19. The Provincial Government, in two documents entitled “Resuming Visits in Long-Term Care Homes” and “Update to Visits at Long-Term Care Homes” has recently a…
View the post titled Resuming visits in long-term care homesA cautionary tale: Employee misconduct creates employer liability
Consider this scenario: An employee steals co-workers’ personal information and uses it in an attempt to blackmail his employer, threatening to release it publicly unless a ransom is paid. Who’s stuck with the liability in this story? You may be surprised. Grossman v. Nissan is a class acti…
View the post titled A cautionary tale: Employee misconduct creates employer liabilityVirtual hearing to save the climate
On July 12, 2020 a special virtual hearing was held to argue whether the case brought by seven young people1 against the Ontario government alleging that the watered down provincial climate targets in 2018 violated the Charter rights to life, liberty and security of the person should be dism…
View the post titled Virtual hearing to save the climateThe SCC’s decision in Uber signals modernization of Canadian workers’ rights
On June 26, 2020 the Supreme Court of Canada released its decision in Uber Technologies Inc. v. Heller 2020 SCC 16. In an eight-one majority, the SCC held that the plaintiff Uber driver could proceed with his class action against Uber, despite the mandatory arbitration clause contained in a …
View the post titled The SCC’s decision in Uber signals modernization of Canadian workers’ rightsReceive Blog Posts
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