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Published on: 1 Jan 2019 By

If it looks like a franchise, it’s a franchise

By Peter Dillon for AdvocateDaily.com In another decision in the line of “accidental franchisor” cases, Justice Mary E. Vallee, of the Ontario Superior Court of Justice, granted summary judgment on the basis of non-disclosure to plaintiffs who purchased the rights to operate an alcohol delivery service under an established trademark. This decision reiterates that a business relationship may...

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Published on: 15 Apr 2020 By (She/Her)

Guide to automobile accident benefit forms

Statutory Accident Benefits (“accident benefits”) are available to those who are injured as a result of the “use or operation of a motor vehicle”. This includes passengers, drivers, cyclists, or those who are injured by motor vehicles as pedestrians. Accident benefits are available regardless of fault and are therefore often referred to as “no-fault” benefits. ...

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Published on: 12 May 2020 By ,

Business Essentials – Episode 4: Immigration law, foreign workers, government processing times & more

In Siskinds’ Business Essentials, a limited-run podcast series, Chris Sinal of Siskinds’ labour & employment group sits down with some of the firm’s business lawyers to discuss current issues and challenges facing our clients as they adapt to the new business environment resulting from COVID-19. Be sure to like and subscribe to the podcast by...

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Published on: 2 May 2024 By

The case for punitive damages

In the realm of injury law, the term “punitive damages” often emerges, surrounded by curiosity and confusion. Unlike the more commonly understood compensatory damages intended to reimburse victims for their losses, punitive damages serve a distinct and somewhat more complex purpose. This brief article seeks to shed light on punitive damages within Ontario’s legal landscape,...

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Published on: 11 Dec 2018 By

E-signatures legally equivalent to handwritten ones

By Peter Dillon for AdvocateDaily.com As technology becomes more entrenched in the legal world, there’s been a shift in Ontario towards using electronic signatures (e-signatures). While federal and provincial laws both regulate e-signatures, most contract law falls under the authority of provincial legislation. So, unless the agreement is regulated federally, provincial laws apply. In Ontario,...

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Published on: 21 Dec 2023 By

AI-related services agreements and IP: Opportunity and uncertainty for service providers

Generative artificial intelligence (“AI”) made a major pop-culture splash earlier this year with the explosion of Chat-GPT. The capabilities of these AI tools to generate content such as text, images, music, and code, is now widely recognized and many startup businesses are offering services powered by third-party AI tools. However, there is significant uncertainty surrounding...

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Published on: 12 Mar 2024 By

Probate planning pitfalls: The risks that you need to consider before adding your child to the title of your home for estate planning purposes

When it comes to estate planning, people often become fixated on ensuring that their estate does not have to pay Estate Administration Tax (also known as “probate tax”1). This fixation is largely driven by the fact that if one’s estate is not subject to probate tax, there will be more money for the beneficiaries of...

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Published on: 19 Jan 2024 By

Another large increase: Statutory deductibles and thresholds 2024 – A legislated barrier to full recovery

Did you know that if you have been hurt in a motor vehicle collision seriously enough to receive an award for pain and suffering, it may be reduced by $46,053.20? This amount is known as the statutory deductible and, worse yet, it is tied to inflation and increases each year. If you are injured in...

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Published on: 17 Sep 2024 By

How to appeal an accident benefits denial: The Licence Appeal Tribunal (LAT)

If you are injured in a car accident in Ontario, you are entitled to receive statutory accident benefits (“SABS”). This is true even if you are at fault for the accident. SABS can include, among other things, coverage for medical treatment, attendant care, and income replacement benefits. Despite your entitlement to receive these benefits, insurers...

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Published on: 29 Dec 2023 By

What is the date of separation?

When I first meet with new clients, they are often confused about the date of separation. Sometimes they are unsure of the specific date. Sometimes they do not know what date to provide until we discuss their situation further. Sometimes they will mistakenly believe they are not yet separated because they are still living with...

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