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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

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
Article

Courts weighing in on back-to-school disputes between separated parents

Adam N. Black Special to Financial Post 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 ...
Aug 27, 2020
Article

Cannabis Retail: What's currently going on and what can we expect on the horizon?

Matt Maurer and Andrew J. Wilder Business of Cannabis In less than two years since the legalization of recreational cannabis, there are currently over 1,000 cannabis retail stores open for business across...
Aug 24, 2020
Article

What Landlords need to know about Bill 184 and prospective amendments to Ontario’s Residential Tenancies Act, 2006

Seth Zuk and Anthony D'Angelo Ontario Real Estate Law Developments, Lexis Nexis On March 12, 2020, Ontario’s Minister of Municipal Affairs and Housing introduced Bill 184, proposing the new Protecting Tenants and Strengthening Co...
Jul 16, 2020
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
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