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Published on: 26 Jun 2017 By

The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts

Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies and products to other members of Facebook and externally without her consent....

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Published on: 23 Mar 2021 By (She/Her)

Vicarious liability of school boards for sexual assault by teachers

“Vicarious liability” is a legal concept which can cause employers to be held accountable for the negligent and, in some cases, intentional misconduct of their employees. The possibility of a finding of vicarious liability is intended to act as a deterrent to ensure employers put systems in place to prevent wrongdoing by their employees. In...

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Published on: 26 May 2022 By ,

Moore v. 7595611 Canada Corp. – What is a life worth?

What is a life worth? This is a question with which our legal system has grappled for a very long time. The answer is that a life is priceless, there is no amount of money that is worth a human life. Nevertheless, our Courts are tasked with the job of determining a value for the loss...

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Published on: 6 Dec 2017 By ,

How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?

When a personal injury matter settles, there are two primary ways the settlement can be paid out for an adult claimant: a lump sum cash payment, or a structured settlement. A structured settlement is created when some or all of a personal injury settlement is deposited with a life insurance company in exchange for guaranteed...

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Published on: 8 Nov 2019 By

What are your environmental rights in Ontario? An overview of the Environmental Bill of Rights, 1993, S.O. 1993, c 28

Is there a right to a healthful environment in Ontario? Who has that right and what does it entail? Does the public have any say in the government’s ability to make environmentally significant decisions? These questions are the subject of longstanding and ongoing debates in Canadian environmental law. While no Canadian court has recognized constitutional...

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Published on: 27 Jun 2018 By ,

A good day for do-it-yourself investors: The CSA proposes to prohibit the payment of trailing commissions to discount brokers

On June 21, 2018, the Canadian Securities Administrators (“CSA”) released a Status Report on their ongoing investigation into embedded commissions in the mutual fund industry. “Embedded commissions” is the term used to describe the practice of mutual fund managers compensating dealers (and their representatives) for mutual fund sales by way of commissions, as opposed to...

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Published on: 9 Nov 2020 By ,

Estate planning for professionals

As professionals progress in their careers, the estate planning process may become quite complex. The development of a clear estate plan is critical to ensure that the intentions of the testator are honoured, while dealing with the estate in the most tax efficient manner. Many business owners, including professionals, can benefit from various strategies intended...

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Published on: 22 Apr 2020 By ,

Virtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyers

Note: This blog post has been updated to reflect the amended Order by the Lieutenant Governor in Council on April 22, 2020. On April 7, 2020, the Lieutenant Governor in Council made an Order under the Emergency Management and Civil Protection Act varying the current statutory requirements for the execution of a Last Will and...

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