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Article

The Value of Written Employment Contracts: Risk and Reward

Peter C. Straszynski Business of Cannabis Whether you are a start-up or a well-established enterprise, and whether you are hiring your first or your hundredth employee, written employment cont...
Apr 6, 2021
Article

Is summary judgment always the solution?

Marco P. Falco The Lawyer's Daily "Fast justice" may not always amount to good justice.
Apr 5, 2021
Article

An important tax strategy for cannabis business owners – Part 1

Ted Citrome Business of Cannabis One of the most common objectives of a successful business owner is to create an ownership structure which minimizes taxes and facilitates the transfe...
Mar 26, 2021
Article

Catch me if you can: Case shows 'fake evidence' and witness coaching among perils of digital-age trials

Adam N. Black Special to Financial Post Owing to the changing landscape of technology, the evidentiary records over which judges must pore today are full of countless forms of electronic evi...
Mar 5, 2021
Article

Economic Losses in Civil Sexual Assault Cases

Loretta P. Merritt Scientific studies have shown that individuals first exposed to criminal victimization as children or in adolescence have significantly lower life-cou...
Mar 3, 2021
Article

Has the litigation culture shift happened?

Marco P. Falco The Lawyer’s Daily In 2014, the Supreme Court of Canada issued a judicial clarion call in Hryniak v. Mauldin 2014 sec 7. The court required a litigation "culture shift" ...
Feb 22, 2021
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
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