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Published on: 3 Sep 2024 By

Overview of a construction lien in Ontario under the Construction Act

One of the main purposes of the Construction Act is to protect parties who make improvements to the land but do not have a contract with the landowner. The Act does this by requiring each party to retain 10% of the payments it makes to the party below them in the construction pyramid. As an...

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Published on: 26 Oct 2021 By ,

Privacy laws in Canada: to infinite fees and beyond

If youโ€™re a business that hasnโ€™t dotted the iโ€™s in privacy compliance, then you may have your own Buzz Lightyearโ€”โ€œthis is an intergalactic emergencyโ€โ€”moment. Both the Feds and Ontario have proposed new privacy legislation: the Feds introduced the Consumer Privacy Protection Act (โ€œCPPAโ€) and Ontario countered with a white paper entitled โ€œModernizing Privacy in Ontarioโ€...

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Published on: 26 Apr 2022 By

Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court

In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. ย  The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Divisional Court seeks to avoid...

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Published on: 3 Feb 2016 By

Advocate Role Includes Reigning in Over-zealousness On The Bench

Siskinds franchise lawyer, Peter Dillon was recently interviewed by Law Times regarding the recent Ontario Court of Appeal decision Stuart Budd & Sons Ltd. v. IFS Vehicle Distributors ULC. To read about this decision and other comments by Peter Dillon, see the AdvocateDaily.com article below. Advocate Role Includes Reigning in Over-zealousness On The Bench By...

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Published on: 6 Sep 2022 By (She/Her)

Can the insurer โ€œspyโ€ on me?

During a personal injury claim, you may discover that you are being followed, videotaped, and photographed. While undoubtedly uncomfortable and intrusive, โ€œsurveillanceโ€ is legal and is quite common. The purpose and impact of surveillance During a personal injury claim, the lawyer for the defendant insurance company often uses surveillance to challenge the severity of your...

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Published on: 19 Mar 2024 By

The legal responsibility of vehicle owners when lending their vehicles

It is common practice to lend a vehicle to a family member or a friend. People do it without thinking twice. However, in the case of a car crash on a public road, there are legal implications not only for the driver but also for the owner of the vehicle. The Ontario Court of Appeal...

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Published on: 7 Oct 2021 By

Sue me twice, shame on me: defendants to face multiple class actions after holding out for โ€œleast formidable foeโ€

A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morganโ€™s refusal to stay an Ontario class action despite the authorization of a nearly identical...

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Published on: 12 Dec 2023 By

Beware of what you post: Navigating social media disclosure in personal injury cases

In Ontario, the law recognizes the relevance of social media content in personal injury cases. This means a plaintiff may be required to provide to the defendant any posts, photos, or other information on their social media accounts that may be relevant to the case, such as details about their physical or mental condition, activities,...

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Published on: 24 Nov 2023 By

What happens if we reconcile?

As a family law lawyer in Ontario, I often find myself at the intersection of personal relationships and the legal framework that governs them. One of the most intriguing and challenging aspects of my practice is dealing with cases involving reconciliation. In this blog post, I will explain what happens when parties in Ontario family...

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