Insider

Archives : 2016

Phrase of the Week | Gross Earnings

Bruyere Continuing Care and CUPE, Local 4540 (Burnett), Re (2016), 2016 CarswellOnt 633 Ontario Arbitration

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Legal Wit - A Prescribed Revolution

In 1993, the Government of Canada enacted the "Patented Medicines (Notice of Compliance) Regulations", SOR/93-133 (the "PMNOC Regulations").

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Digest of the Week – Heightened Duty of Disclosure

This digest highlights a British Columbia Supreme Court decision where the Court found that a corporation’s deteriorating financial circumstances can impose a heightened duty of disclosure, and held that a director breached his fiduciary duty to the corporation by failing to disclose the expiry of a management services agreement.

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The Emerging Legal Technology Forum

Join top legal industry professionals and change leaders at The Emerging Legal Technology Forum September 22.

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Alberta court holds accused failed to establish privacy interest in text messages sent from cell phones belonging to third party

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Legal Wit - Locker-room Advice

It is sometimes suggested that it is better to ask forgiveness than to ask for permission. That kind of locker-room advice was never good advice in a marriage and is not particularly useful in court either.

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Digest of the Week – Technological Neutrality

This digest highlights a Supreme Court of Canada decision which allowed an appeal from licensing decisions of the Copyright Board, holding that the Board failed to consider the principles of technological neutrality and balance.

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Digest of the Week | Conduct of hearing

Action against Crown for defendants alleging public misfeasance, abuse and excess of jurisdiction, abuse of process, negligence, and breach of various constitutional obligations was not a claim that could be resolved through Federal Court Rule 369.

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Salehi v. Assn. of Professional Engineers of Ontario (2016), 2016 ONCA 438, 2016 CarswellOnt 8611 (Ont. C.A.) at para. 8 Feldman, Rouleau and Huscroft JJ.A.

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Legal Wit - Believe in Me!

Creditors have better memories than debtors. Benjamin Franklin, circa 1758

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Digest of the Week – Limited Degree of Notice

This digest highlights a recent Ontario Superior Court of Justice decision where the Court allowed the plaintiff’s action against the defendant’s estate personally, holding that the limited degree of notice provided by the defendant by using the words “transport company” did not create an obligation on the plaintiff to investigate whether he was doing business with a corporation.

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Text messages sent by complainant in the midst of the events in question were admitted as evidence under the principled approach to hearsay

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