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Article

To Co-Pack or Not to Co-Pack?

Matt Maurer and James Leech Business of Cannabis In 2018, on the precipice of cannabis legalization in Canada, Deloitte published a report which surveyed Canadian attitudes and response to the legali...
Jan 26, 2021
Article

Why the court is blocking an Alberta man's request for a quick divorce so he can remarry

Laurie H. Pawlitza Financial Post The Divorce Act allows a divorce to proceed once certain criteria have been met, one of which is that the couple must have been separated for at least...
Jan 13, 2021
Article

Commercial Times - The Duty of Honesty in Commercial Contracts: What You Now Need to Know

Marco P. Falco Commercial Times In 2014, the Supreme Court of Canada recognized that all parties to a contract have a duty to act honestly: Bhasin v. Hrynew, 2014 SCC 71. This includ...
Jan 12, 2021
Article

Legal test for partial summary judgment

Marco P. Falco The Lawyer’s Daily One of the tools parties use to shorten the length of civil actions is to resolve their disputes by way of summary judgment. The Supreme Court of Cana...
Jan 11, 2021
Article

Think before you click! New cyberthreat assessment published

Lisa R. Lifshitz Canadian Lawyer In November 2020 the Canadian Centre for Cybersecurity (“Cyber Centre”) issued its second National Cyberthreat Assessment document (the “Report”), whi...
Dec 16, 2020
Article

The end of partial summary judgment?

Marco P. Falco The Lawyer’s Daily Litigation is costly. Canadian courts have a number of weapons in their arsenal to address this issue. One of them, the summary judgment motion, has b...
Dec 10, 2020
Article

Publication Bans: Do They Help or Hurt Abuse Survivors?

Loretta P. Merritt There are some interesting legal issues that arise for sexual abuse survivors when there are related criminal and civil proceedings. Most times, when ...
Dec 10, 2020
Article

Lawyers beware: Alternative processes may not suspend limitation period

Marco P. Falco The Lawyer's Daily Since the 2016 decision in 407 ETR Concession Co. v. Day 2016 ONCA 709, Ontario law is clear that where a plaintiff pursues an alternative process to ...
Dec 4, 2020
Article

Proposed Canadian Privacy Bill Introduces Fines and New Requirements for Private Organizations

Lisa R. Lifshitz and Cameron McMaster Business Law Today The Canadian government’s long-awaited overhaul of existing federal private-sector privacy legislation finally arrived on November 17, 2020, with the ...
Dec 2, 2020
Article

Dispute over dead husband's sperm shows need to plan ahead as reproductive technology advances

Adam N. Black Special to Financial Post On occasion, an ethical dilemma makes its way into the family courtroom and emotions inevitably run high for all involved. That is what happened in a ...
Dec 2, 2020
Article

Why family separations can get messy when the major asset is a corporation

Laurie H. Pawlitza Special to National Post It is trite to say that in law, a corporation has its own rights and liabilities, and that the assets of the shareholder are not the assets of the cor...
Nov 27, 2020
Article

Attention, mall shoppers: your data is being collected!

Lisa R. Lifshitz Canadian Lawyer On Oct. 28 the Federal Privacy Commissioner and the Privacy Commissioners of Alberta and British Columbia (collectively, Regulators) unveiled findings...
Nov 18, 2020
Article

Risk Management in Canadian Education: Courts weighing in on back-to-school disputes between separated parents

Adam N. Black Risk Management in Canadian Education Disputes between separated parents over whether or not to send their children back to school in person as the COVID-19 pandemic persists have been at ...
Nov 17, 2020
Article

Consolidation in the cannabis retail space: Are you ready?

Andrew J. Wilder and Jonathan Mahoney The Lawyer’s Daily It has been just over two years since recreational cannabis has been legalized in Canada. Each province and territory was charged with setting up the ...
Nov 4, 2020
Article

Legal and Ethics Checklist for AI Systems

Lisa R. Lifshitz and Cameron McMaster The SciTech Lawyer Despite the significant benefits that AI systems can offer users and society in general, any organization deploying an AI system must protect core val...
Nov 3, 2020
Article

Father still on the hook for unpaid support, even though child now an adult, top court rules

Adam N. Black Special to Financial Post In its first family law decision of the year, the Supreme Court of Canada recently dealt with the issue of retroactive child support. Given the relati...
Oct 29, 2020
Article

Class dismissed: CRTC finds OneClass in violation of Canada’s anti-spam legislation

Lisa R. Lifshitz Canadian Lawyer On September 30 the Canadian Radio-television and Telecommunications Commission (CRTC), which is tasked with enforcing Canada’s Anti-Spam Legislation ...
Oct 21, 2020
Article

Shareholder actions for loss of share value: Evolution of Ontario corporate law

Marco P. Falco The Lawyer's Daily Does a shareholder have a personal cause of action where harm is done to her personally as a result of a loss in company share value? This is the seco...
Sep 24, 2020
Article

Clouds without borders: the dangers of non-localized cloud contracts

Lisa R. Lifshitz Canadian Lawyer It’s an exciting time in your organization. Your business has completed its due diligence and has found the perfect service provider, located in anoth...
Sep 23, 2020
Article

Mergers and Acquisitions in the Cannabis Retail Space

Andrew J. Wilder and Jonathan Mahoney Business of Cannabis The end of the lottery process in Ontario and the opening-up of cannabis retail to the public at the beginning of 2020 has led to many more cannabis r...
Sep 22, 2020
Article

Shareholder actions for loss of share value: Are they now possible?

Marco P. Falco The Lawyer's Daily At common law, a corporation has always been treated as a discrete legal entity from its shareholders. The rule in Foss v. Harbottle (1843), 67 E.R. 1...
Sep 18, 2020
Article

Pandemic has forced Ontario courts to embrace the future, but questions over technology use remain

Laurie H. Pawlitza Special to National Post The pandemic has created chaos across the globe in almost every industry and profession. But one silver lining in Canada has been that, despite the tu...
Sep 10, 2020
Article

Cannabis Update: AGCO Doubles Rate of Retail Store Authorization Issuance

Andrew J. Wilder and Vlad Mihaescu As of September 1, 2020, Ontario cannabis retail operators are permitted to hold up to 30 retail store authorizations (“RSAs”), permitting them to ope...
Sep 2, 2020
Article

Faceoff! UK appellate court finds police use of facial recognition technology contravenes laws

Lisa R. Lifshitz Canadian Lawyer In what has been described as one of the world's first successful legal challenges to police use of facial recognition technology, on Aug. 11 the UK C...
Aug 28, 2020
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