Franchising An Increasingly High-Risk Venture For Franchisors
(Note: This article originally appeared on AdvocateDaily.com) Canada is frequently hyped as an idyllic place to launch a franchise business, but that’s not the case for many franchisors who face tougher obstacles than their counterparts in other countries, says London franchise lawyer Peter Dillon. Compared to the U.S. and other jurisdictions, Canada’s legislative history in the...
Continue reading the post titled Franchising An Increasingly High-Risk Venture For Franchisors2016 Shaping Up To Be ‘Significant’ Year For Franchise Law
(Note: This article was also published on AdvocateDaily.com) The Supreme Court of Canada is set to hear its first franchise case in more than four decades something that, coupled with significant recent decisions, could bring needed balance to the industry, franchise lawyer Peter Dillon tells AdvocateDaily.com. “If franchise litigation were a wine, then 2015 would be a good...
Continue reading the post titled 2016 Shaping Up To Be ‘Significant’ Year For Franchise LawMcLean v. Canada (Attorney General) highlights the importance of filing a timely claim for compensation in a class action
A recent Federal Court case highlights the importance of timely claims in a class action claims process. While late claims may be accepted in extenuating circumstances, courts generally do not have jurisdiction to modify a settlement entered into by the parties. In McLean v. Canada (Attorney General), 2023 FC 1093, a class action instituted on...
Continue reading the post titled McLean v. Canada (Attorney General) highlights the importance of filing a timely claim for compensation in a class actionSPECT scan admissible at trial as evidence of concussion
In recent years, SPECT (Single-photon emission computerized tomography) scans have become prominent, although somewhat controversial, in the medical field for assisting in the diagnosis of a traumatic brain injury (TBI). SPECT scans are a type of imaging that depict how blood flows to organs and tissues. Prior to the scan, a radioactive “tracer” is injected...
Continue reading the post titled SPECT scan admissible at trial as evidence of concussionThe 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,...
Continue reading the post titled The case for punitive damagesSo Who is an Employee Anyway?
As we start a new labour and employment blog it seems fitting to note that the way in which we define “employee” is still very much a work in progress. And with so many statutes impacting every workplace, you practically need a scorecard to keep track as to what kind of relationship will be treated as...
Continue reading the post titled So Who is an Employee Anyway?Cy-prés distributions – Honouring “as close as possible”
In a previous blog post we had discussed the origin of cy-près distributions and their benefits. In sum, cy-près distributions help to enforce one of the public policy rationales behind class actions: behaviour modification by holding wrongdoers accountable for their actions. Where it is no longer economically feasible to distribute an award to individual class...
Continue reading the post titled Cy-prés distributions – Honouring “as close as possible”Bicycle Accident Compensation: Insurance Coverage for Injured Cyclists
When sharing a road with cars, cyclists, even when wearing the appropriate safety gear, run a risk of being struck by a vehicle and injured. Cyclists, like cars, are expected to obey the rules of the road, including signalling, obeying traffic lights, and not riding in pedestrian crosswalks. However, unlike cars, cyclists are not required to have...
Continue reading the post titled Bicycle Accident Compensation: Insurance Coverage for Injured CyclistsWaste diversion, odour and climate change
Clare Booth Luce, the famous American playwright, journalist, ambassador, and Congresswoman, used to say, “no good deed goes unpunished”. To my regret, this sardonic and rather depressing phrase is, all too often, a good description of environmental laws. One example is the management of odour issues from waste diversion.
Continue reading the post titled Waste diversion, odour and climate changeCan an employee’s involvement in the Freedom Convoy protests result in their termination of employment?
As we all know, life’s events are constantly being photographed, posted, tweeted, and shared. It seems that keeping our private lives private, has become less and less of a reality as the years go by. As a result, keeping a separation between employees “on-duty conduct” and “off-duty conduct” has been more difficult to do as...
Continue reading the post titled Can an employee’s involvement in the Freedom Convoy protests result in their termination of employment?Receive Blog Posts
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