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Published on: 12 Apr 2023 By

Five other reasons not to skip Title Insurance

In a previous blog post, I discussed the advantages of title insuring your home for Fraud Protection, whether at the time of purchase or by purchasing an existing owner policy.1 While fraud protection is extremely relevant right now (consider the current media coverage on title fraud in Ontario) 2, there are several other reasons why...

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Published on: 17 Apr 2023 By

J&J files new bankruptcy case to address talcum powder claims after initial bankruptcy case rejected

On April 4, 2023, Johnson & Johnson announced a new proposed plan to commit $8.9 billion USD to “resolve all claims arising from cosmetic talc litigation against the Company and its affiliates in North America” through a newly filed Chapter 11 case in a US bankruptcy court. The proposed plan relates to J&J’s talcum powder...

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Published on: 2 May 2023 By

Canadian Invokana / Invokamet Settlement now open to claims

On April 15, 2023, a claims filing process became open to Canadians to apply for compensation for injuries suffered following use of the diabetes medications Invokana, Invokamet and/or Invokamet XR. The claims process will give Canadians the chance to apply to have their claims evaluated pursuant to a court-approved compensation protocol and be offered individual awards...

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Published on: 22 Jan 2024 By

Canadian private equity funds face hidden risks when taking on non-resident investors

Private equity funds and limited partnerships Private equity funds almost always operate as limited partnerships (LPs). The LP structure is simple but effective: The fund manager, usually a corporation, manages the business as the general partner and assumes unlimited liability. The investors in the fund take on a passive role as limited partners and enjoy...

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Published on: 12 May 2023 By (She/Her)

Are feelings of frustration and anger compensable in medical malpractice?

When a patient has experienced a medication error, or other medical negligence by a health care provider, it can cause stress, anxiety, and feelings of frustration and anger. Whether those feelings, or psychological upset, will amount to a compensable mental injury in law will depend on a number of factors, known as the Saadati factors[1]....

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Published on: 10 Jul 2023 By (She/Her)

Is there a limitation period on sexual assault claims in Ontario?

Governed by the Limitations Act, 2002 (“Limitations Act”) in Ontario, a limitation period is the time within which one party must commence an action against another. The standard limitation period is two years from the date of the loss or the date the loss was discovered. Failure to commence an action within the prescribed limitation period will usually...

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Published on: 4 May 2017 By

Raibex decision alters franchise landscape on presale disclosure

The disclosure obligations for franchisors expanded with a recent Ontario Superior Court of Justice ruling, and will change the way deals are struck in the province, says franchise lawyer Peter Dillon. In Raibex Canada Ltd. v. ASWR Franchising Corp., 2016 ONSC 5575 (CanLII), the judge found the development cost estimate provided to the franchisee was materially...

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Published on: 6 Jul 2023 By

How to prepare for your examination for discovery: A guide for personal injury plaintiffs

Facing a civil lawsuit can be daunting, especially when it comes to the examination for discovery. If you are a plaintiff involved in a personal injury lawsuit in Ontario, these tips can help you understand the purpose of the examination for discovery and how to prepare for it. What is the examination for discovery? The...

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Published on: 6 Jul 2023 By

Newly released J&J bankruptcy plan for compensating talcum powder cancer claims includes Canadian claims

A Johnson & Johnson subsidiary that is pursuing a US bankruptcy to resolve thousands of talcum powder lawsuits has filed its plan for compensating cancer victims with pending claims, and the proposed plan directly impacts the rights of Canadians. The Chapter 11 Plan of Reorganization provides the first public details of which pending cancer claims...

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Published on: 22 Feb 2021 By (She/Her)

User beware: the dangers of sharing personal health information with mobile apps

UPDATE: the FTC has now finalized its settlement with Flo Health, Inc., which requires Flo to notify affected users directly about the disclosure of their personal information to unauthorized third parties. If you are concerned or notified that your personal information may have been impacted in an app-related privacy breach, please contact Stefani Cuberovic, an...

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