Class Action Update
Another attempt to seek environmental health damages in a class action has failed. The federal government, Dow and Pharmacia are facing class actions across the country relating to herbicides used at its military base in Gagetown, New Brunswick.
Continue reading the post titled Class Action UpdateToward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.
“Get those coming up from under! Los de Abajo! Get the underdogs!” [1] On June 8, 2017, the Supreme Court of Canada refused Tahoe Resources Inc.’s application for leave to appeal the British Columbia Court of Appeal’s decision in Garcia v. Tahoe Resources Inc., 2017 BCCA 39.[2] I can only assume the plaintiff farmer, Adolfo...
Continue reading the post titled Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.Competition Class Actions Cross The Pond
North American style “opt-out” class actions are finally coming to the UK, albeit with a number of unique procedural and substantive modifications. The recent amendments contained in the Consumer Rights Act 2015, which amends the Competition Act 1998, signal a historic shift toward class proceedings. The Consumer Rights Act 2015 introduces the mechanism of “collective...
Continue reading the post titled Competition Class Actions Cross The PondShould I franchise my business?
Franchising as a business expansion model has many advantages and can be a great choice for the right business. However, not all businesses are well-suited to be franchised (sometimes called “franchisable”). Moreover, a business needs to be at the right stage to start franchising. This article addresses some characteristics that make a business more or...
Continue reading the post titled Should I franchise my business?Expanded tax on split income (TOSI) rules for professionals
Many professionals choose to incorporate a professional corporation to take advantage of the various tax benefits of doing so. Professionals, such as physicians and dentists, who are permitted to include family members[1] as shareholders, have historically been able to benefit from income splitting. Essentially, income splitting is a process whereby high-earning individuals can shift income...
Continue reading the post titled Expanded tax on split income (TOSI) rules for professionalsUnderstanding the differences between GDPR, CCPA, and PIPEDA – a guide for Canadian businesses
Gone are days of unregulated and untethered data gathering. With the rolling out of the California Consumer Privacy Act, Canadian businesses are now finding themselves navigating a sea awash with a patchwork of extraterritorial legislation. The laws are sometimes inconsistent, often vague, and certainly confusing. It has therefore become critical that companies understand their obligations...
Continue reading the post titled Understanding the differences between GDPR, CCPA, and PIPEDA – a guide for Canadian businessesData breach – Frequently asked questions
Cybersecurity incidents are serious events that need to be addressed immediately. Our experience has shown us that dealing with issues such as consumer and regulator notifications, fines, and insurance need to be tackled as soon as possible. Below are general answers to frequently asked questions when a business has experienced a data breach. 1. Why...
Continue reading the post titled Data breach – Frequently asked questionsHow Canada and the U.S. prohibit pyramid schemes differently
The U.S. and Canada prohibit product-based pyramid marketing schemes in different ways. This short article is intended to give multi-level marketing businesses a better understanding of the important legal asymmetries between the two countries. The Canadian Competition Act specifically defines multi-level marketing (“MLM”) plans and prohibits pyramid schemes. The Competition Act1 at s. 55(1)...
Continue reading the post titled How Canada and the U.S. prohibit pyramid schemes differentlyLatest anti-wind appeal ends with a whimper
Just as wind scientists have noted for years, he testified that health effects are based primarily on people’s opinions about the turbines. Therefore, he said, if an individual believes that a turbine will harm him or her, that person will suffer such harm, and therefore turbines should not be built.
Continue reading the post titled Latest anti-wind appeal ends with a whimperAssessing medical malpractice damages—past and future income loss
This article on past and future income loss 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 individuals. The assessment of damages is...
Continue reading the post titled Assessing medical malpractice damages—past and future income lossReceive Blog Posts
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