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Article

Economic loss and allegedly flawed financial product

Marco P. Falco The Lawyer's Daily Ordinarily, if a person or corporation suffers pure economic harm, the remedy is a claim for breach of contract. This places the wronged party in the ...
Jul 13, 2020
Article

Safety first! New Canadian cloud security guidance is issued

Lisa R. Lifshitz Canadian Lawyer In early June the Canadian Centre for Cyber Security (CCC) released four critical sets of guidelines for acquiring secure cloud services. While the CC...
Jul 3, 2020
Article

Why commercial realities matter in contractual rectification

Marco P. Falco The Lawyer’s Daily In 2016, the Supreme Court of Canada affirmed in Canada (AG) v. Fairmont Hotels 2016 sec 56, that contractual rectification is available to correct wr...
Jun 22, 2020
Article

Getting it right: Using consumer-facing AI tools wisely

Lisa R. Lifshitz Canadian Lawyer The use of artificial intelligence technology can be a double-edged sword. On the one hand, the growing ability of AI machines and algorithms to make ...
Jun 5, 2020
Article

No surge in domestic violence cases during COVID-19 lockdown — but it’s happening

Laurie H. Pawlitza Special to the National Post The Ontario trial courts (the Superior Court of Justice and the Ontario Court of Justice) in March 2020 closed their doors to all but the most urgent ...
Jun 2, 2020
Article

The problems with class actions for historical sexual abuse cases

Loretta P. Merritt The Lawyer's Daily The certification of historical institutional abuse cases as class actions began with the Rumley v. British Columbia 2001 SCC 69 in British Columbia. ...
Apr 23, 2020
Article

Tribunals and courts: Defining reasonableness

Marco P. Falco The Lawyer’s Daily Assuming reasonableness review is the applicable standard, Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 establishes that th...
Mar 11, 2020
Article

Online ticket seller faces the music on extra fees

Lisa R. Lifshitz Canadian Lawyer On February 13 the Competition Bureau struck another blow against so-called “drip-pricing” ticket-selling tactics when it slammed the deceptive online...
Mar 6, 2020
Article

Tribunals and courts: New era of judicial review

Marco P. Falco The Lawyer’s Daily Over the past decade, nothing has led to more spilled ink than the standard of review Canadian courts should apply when reviewing administrative decis...
Mar 4, 2020
Article

Account for RESPs in any separation agreement, or risk getting taught a lesson in court

Adam N. Black Special to the National Post Throughout Canada, a divorced parent’s child support obligation includes the sharing of a child’s special or extraordinary expenses. Those expenses, k...
Feb 19, 2020
Article

Location really is everything when it comes to dividing family property amid bankruptcy

Laurie H. Pawlitza Special to the National Post Resolving the way a separated couple’s property is dealt with can be complicated, but it gets even more complex if one of the spouses declares bankrup...
Feb 14, 2020
Article

IP Addresses No Longer Protected in Alberta

Lisa R. Lifshitz Canadian Lawyer In a surprising decision, the Court of Queen’s Bench of Alberta recently held in R. v. Bykovets that there is no reasonable expectation of privacy in ...
Feb 12, 2020
Article

B.C. Court of Appeal sends a clear family law message in case of transgender teen

Adam N. Black Special to the National Post In a prior article, I observed that “today’s modern family is a fascinating, complex and changing construct. As the way we form and grow a family evol...
Jan 30, 2020
Article

Beware the Zombie Software!

Lisa R. Lifshitz Canadian Lawyer January 14th marked the end of Microsoft’s support for its Windows 7 product. Why is this date important? Because, following this date the software jo...
Jan 22, 2020
Article

Workplace Policies That All Businesses Need

Peter C. Straszynski and Shreya Patel Ontario employers are required by law to have certain workplace policies in place at work.
Jan 17, 2020
Article

Trading your share of the house for reduced child support could leave you paying more

Laurie H. Pawlitza Special to the National Post In family law, agreements reached between separating couples often contain more creative and individualized terms than do court orders. One spouse may...
Jan 9, 2020
Article

Statutory interpretation and ‘ordinary meaning’ of words

Marco P. Falco The Lawyer's Daily One of the ways in which Canadian courts interpret legislation is to analyze the “ordinary meaning” of words. Reference is made to the rea...
Dec 17, 2019
Article

‘Catch me if you can’: Husband who failed to disclose Cayman Islands bank account ordered to pay wife $32,000 in costs

Adam N. Black Special to the National Post When a couple separates, financial issues almost inevitably arise. To answer these questions, financial disclosure is essential. But, what happens whe...
Dec 17, 2019
Article

Connecting the right way this holiday season

Lisa R. Lifshitz Canadian Lawyer ‘Tis the season to spend lavishly on gifts for friends and family, and no doubt many of the year’s hottest purchases will include so-called “smart” de...
Dec 11, 2019
Article

Mother awarded costs after father tries (and fails) to play hardball

Justyna A. Waxman The Lawyer's Daily Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisio...
Nov 26, 2019
Article

Adam Black on children living at home longer and the effects this is having on some child support decisions

Adam N. Black Special to the National Post Following a couple’s separation, there is no greater certainty than a parent’s obligation to support their children. But what happens if, ...
Nov 21, 2019
Article

Disorder in the court: When one spouse ignores rulings, the other often pays the price

Laurie H. Pawlitza Special to the National Post Family courts seem to have an abundance of litigants who view court orders as “suggestions” only. Orders for support and for the payment o...
Nov 12, 2019
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