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Published on: 16 Jan 2015 By

Mémoire Flash

Flash Memory This class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain prices at which Flash Memory or products containing Flash Memory were sold in Canada. The plaintiffs allege that from at least January 1, 1999 through to the present, the defendants and their senior executives participated in illegal and secretive...

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Published on: 7 Jan 2014 By

Predatory Marriage: A Modern Day Marriage Trap

Predatory marriages are a developing phenomenon in Ontario. Predatory spouses take advantage of elderly victims and assume control of their financial affairs. This can have severe consequences for the victim and their family. Recently Canadian courts have taken a stricter stance on what sort of capacity is required for marriage. In this article, Dagmara Wozniak...

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Published on: 20 Jan 2014 By

Withdrawal of Life Support: What does the Cuthbertson and Rubenfeld v. Rasouli decision mean for patients and families?

The family of a patient requiring life support struggles with painful decisions over life and death. The difficulty of these decisions is intensified when the patient’s substitute decision-maker (usually a close family member) and attending physicians disagree as to whether life sustaining measures should be withdrawn. The family of a patient requiring life support struggles...

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Published on: 5 Aug 2014 By (She/Her)

Consent of Minors to Medical Treatment

The basis for the requirement of consent is found in the common law and in legislation in several provinces1 including Ontario. Interestingly, consent and capacity legislation varies among the provinces such that there are differences among the provinces as to the requirements and conditions for obtaining consent. Two general requirements and conditions for obtaining consent...

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Published on: 2 Jun 2014 By

Matrimonial Home: Should I stay or should I go?

Clients who are going through a separation often ask me whether it is OK to move out of the matrimonial home before all the issues arising out of their separation have been resolved. Sometimes tensions are high and the client believes some physical distance is required in order to keep the peace.  Sometimes the client...

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Published on: 7 Mar 2013 By

Has the Time Come to Amend Section 2(3)

Is it time to abandon the ninety-day rule? Has the Time Come to Amend Section 2(3) (the “Ninety-Day Rule”) of the Class Proceedings Act, 1992? Section 2(3) of the Class Proceedings Act, 1992 (CPA) requires that a certification motion be made “within ninety days.”1 The timing of the certification motion, the central focus of much...

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Published on: 25 Jun 2010 By (Dianne Saxe)

Seizure on consent?

When can ministry investigators seize documents outside the scope of a search warrant? During the execution of a warrant, Ministry of the Environment investigators seized approximately 100 documents that clearly lay outside the scope of the warrant. They showed one set of documents to the company, who consented to the seizure of that particular set...

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Published on: 2 Apr 2015 By

How well do you understand the recent changes to the Employment Standards Act, 2000?

Applying the latest changes to the Employment Standards Act, 2000 (“ESA”) to real-life situations can be complex, even for Employment Standards Officers! A recent blog post by Chris Sinal (New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act) introduced you to the changes, which became effective...

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Published on: 4 Jan 2016 By

Pain and Suffering Damages and the Threshold in a Personal Injury Action

One of the areas which people often look to be compensated for after an injury is their “pain and suffering.” This is the unquantifiable hardship which one endures as a result of their injuries. Under the legislation which governs motor vehicle accidents in the Province of Ontario, in order for you to be successful in...

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