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Published on: 21 Mar 2013 By

Understanding How Damages Are Assessed In A Personal Injury Case

(Note: Since publication, this information has changed. Please see the updated version of the article for current information.) Introduction One of the first questions people ask when they are considering their legal rights following a motor vehicle accident, slip and fall, or any other kind of injury, is “What is my case worth?” The fact...

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Published on: 27 Jul 2012 By

Probationary Periods โ€“ Tips for Employers

As an employer, do you rely upon probationary periods to terminate newly-hired employees who don’t work out, but where you don’t have “cause” in the normal sense? Do you rely on your probation language to avoid liability for pay in lieu of notice? If so, would your probationary period stand up to scrutiny by a...

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Published on: 10 Oct 2014 By

Data Breaches: Do class actions pose a viable remedy?

In 2014, data breach occurrences have increased by approximately 30%. As web-based services become more prominent, protection against and remedies for breaches of privacy will become necessary. Does class action litigation have a place in this shifting landscape? Introduction During the first half of September 2014, the following data breaches, among others, occurred or were...

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Published on: 8 Oct 2015 By

Disclosure requirements bring challenges for franchisors

The greatest disadvantages facing franchisors in Canada include theย costs, complexities and risks associated with franchise disclosure, includingย possible personal liability for the signatories of the franchise disclosure document, franchise lawyerย Peter Dillon tells Corporate LiveWireโ€™sย Franchise Law 2015 Virtual Round Table. โ€œAnother significant downside to franchising is the growing difficulty in finding good franchisees; i.e., people who are...

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Published on: 6 Dec 2017 By ,

How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?

When a personal injury matter settles, there are two primary ways the settlement can be paid out for an adult claimant: a lump sum cash payment, or a structured settlement. A structured settlement is created when some or all of a personal injury settlement is deposited with a life insurance company in exchange for guaranteed...

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Published on: 6 Dec 2018 By

Do I Have to Collect HST if I am Just Selling my Vacant Land?

Determining whether or not you have to pay Harmonized Sales Tax (“HST”) during a real estate transaction can be a tricky situation. There can be rebates, exceptions and a whole host of factors which come into play. The sale of a vacant lot carries with it its own problems. When Do you Have to Pay...

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Published on: 20 Nov 2014 By

Buyer can't rely on Seller's Environmental Reports

A recent decision out of Newfoundland shouldย remind prospective purchasers of real estate NOT toย count onย Environmental Site Assessments (ESAs) or other environmental reports commissionedย by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a reliance letter. Real estate lawyers, take note, please. In Community Mental Health Initiative Inc. v....

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