Context is everything – Miller v FSD Pharma Inc.
In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (“OSA”) for misrepresentations in secondary market disclosure. We have probably all heard the saying “context is everything.”...
Continue reading the post titled Context is everything – Miller v FSD Pharma Inc.Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investors
In Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“SN 21-329”), the Canadian Securities Administrators (CSA) issued an ultimatum to crypto asset platforms operating within Canada or with Canadian users: Register, or else. Published on March 11, 2021 jointly with IIROC1, SN 21-329 attempts to fully integrate these crypto asset trading...
Continue reading the post titled Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investorsIs it even a pilot project 24 years later?: The case for mandatory mediation across Ontario
Lawyers practicing any form of litigation know that mediation can be a client’s best friend. It’s an efficient, effective, and fair mechanism to resolve clients’ differences in a timely way. In 1999, the Ontario Mandatory Mediation Program established a pilot project to test the advantages of mediation by making it mandatory for most civil litigation...
Continue reading the post titled Is it even a pilot project 24 years later?: The case for mandatory mediation across OntarioOntario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)
In Davies v. Clarington (Municipality), 2023 ONCA 376, the Ontario Court of Appeal reached the reasonable conclusion that non-party lenders with no involvement in directing litigation are not liable to pay an adverse costs award that a plaintiff will not pay. On this appeal, the Court provides a helpful statement of the law on awarding...
Continue reading the post titled Ontario Court of Appeal decides non-party litigation funders not liable for defendants’ costs in Davies v. Clarington (Municipality)Who has seen the spin? Wind opponents wrong about Fairview Wind decision
This decision opens no new door to legal claims against wind farms, nor does it bolster the acceptance of the wind opponents’ “evidence” in the courts.
Continue reading the post titled Who has seen the spin? Wind opponents wrong about Fairview Wind decisionWhat To Do If You Are Injured In An Accident In The United States
Each year, many Ontarians are involved in car accidents while travelling outside of the province. These claims often involve complex issues, such as where a civil action should be started and questions as to which jurisdiction’s laws should apply. If you are from Ontario and are involved in a car accident in the United States,...
Continue reading the post titled What To Do If You Are Injured In An Accident In The United StatesEnviro West v Copper Mountain, everyone is liable
A long running lawsuit over liability for PCB wastes may finally be over. In Enviro West Inc v. Copper Mountain Mining Corp. a waste hauler, Enviro West, unknowingly picked up waste oil highly contaminated with PCBs and mixed it with uncontaminated oil, resulting in substantial damages. At trial, Enviro West was awarded damages against Copper Mountain...
Continue reading the post titled Enviro West v Copper Mountain, everyone is liableRemoving a Court-Appointed Guardian in Ontario
Previous articles have discussed powers of attorney and guardianships and the duties and obligations of attorneys and guardians. But what can be done when a family member of the incapable person feels that the guardian or attorney is not acting appropriately? Occasionally, supportive friends or family members may have concerns about the actions taken by...
Continue reading the post titled Removing a Court-Appointed Guardian in OntarioDrive Clean fines: $52,500 plus surcharge
The Ontario Ministry of the Environment obtained fines of $52,500 plus the 25% Victim Fine Surcharge against a Markham Drive Clean Facility, its owner and drive clean inspector and four of its customers for submitting false information about Drive Clean tests. Kwok-Man (Bill) Hon was the business owner and corporate officer of Triumph Auto Centre...
Continue reading the post titled Drive Clean fines: $52,500 plus surchargeNew SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals
Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada overturned two lower court decisions, finding that an 8-week...
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