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Published on: 25 Nov 2014 By

Capacity and Powers of Attorney

When we speak about โ€œcapacityโ€ in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the โ€œbestโ€ or the โ€œrightโ€ decision, so long as they...

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Published on: 23 Jan 2014 By (Dianne Saxe)

MacQueen class action struck out re Sydney Tar Ponds

The Nova Scotia Court of Appeal has struck out the groundbreaking class action that had been certified relating to contamination from the Sydney Tar Ponds and the associated steel and coke plants: MacQueen v. Ispat Sidbec Inc.ย This is another major setback to plaintiffs in contaminated land cases, following the lead of the Supreme Court of...

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Published on: 6 May 2021 By (She/Her)

What is a Case Conference before a Dispute Resolution Officer?

The Dispute Resolution Program (DRO) program is available in certain locations of the Superior Court of Justice, Family Court, including London, Toronto, Brampton, Milton, Newmarket, Hamilton, Barrie, Durham, and St. Catharines. Family law Case Conferences All family law cases, if they follow the usual progress of a Court case, start with a Case Conference.ย A Case...

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Published on: 2 Jun 2020 By

Tลilhqotโ€™in Nation wins 30-year battle

On May 14, 2020 the Supreme Court of Canada (โ€œSupreme Courtโ€) dismissed Taseko Mines Limitedโ€™s (โ€œTaseko Minesโ€) application for leave to appeal a decision of the federal court of appeal. The decision of the Supreme Court resulted in the refusal of the approval for Taseko Mines $1.5-billion dollar proposed open-pit copper and gold mine. This...

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Published on: 20 Jan 2020 By

Data Breach Awareness

Everyday hundreds of businesses across Canada have data incidents. From lost bins to hacked computers, businesses need to be aware of their privacy obligations they owe to their customers and clients. Indeed, businesses are now asking themselves not what if I have a data breach, but when will I have a data breach? This new...

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Published on: 14 Jul 2017 By

Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients

Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein[1] recently added to the jurisprudence regarding a defendantโ€™s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is counsel to the class members. The decision clarifies the circumstances under which...

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Published on: 19 Oct 2017 By

What are Non-Earner Benefits?

Part of your contract with your own auto insurance company includes the potential payment of Non-Earner Benefits. Non-earner benefits are accident benefits that are available to insured drivers in Ontario. Details of these benefits are found in Part II of the Statutory Accident Benefits Schedule (SABS) of the Insurance Act. Non-Earner Benefits are intended to...

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