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Archives : 2018

Employee was terminated without cause after less than six months' employment; employee was bound by six-month probation clause

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Securities Source Newsletter | Canadian Securities Administrators

Canadian Securities Administrators (CSA) provide further guidance on the applicability of securities laws to token offerings . . . but is it enough?

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A revocable beneficiary designation is one that can be altered or revoked by the insured without the beneficiary’s knowledge or consent (s. 190(1) and (2) [Part V of the Insurance Act [R.S.O. 1990, c. I.8]]) .

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This excerpt from the updated Immigration and Refugees title examines Canadian law with regards to refugee protection and determination procedure

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“Reasonableness” [in context of judicial review of decision of labour arbitrator] is a deferential standard that does not equate to the standard of appellate review that is applied to decisions...

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Bank only acted through agents, so when agent failed to read or understand term in proposal that was bank's failure — When agency was out of touch with lawyer it was result of banks failure to coordinate its agents or act through single agent to enforce related liabilities — It would be unjust to annul proposal allowed by bank on ground that bank now understood what it voted for.

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Introducing Related Proceedings

As of April 20th, Keycite Canada on westlaw Canada will include relationships to cases that are not part of the direct appellate history.

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The Ontario Court of Appeal allowed an appeal by the defendant estate trustees from a judgment concerning expenses for a residence that was subject to a cohabitation agreement. Plaintiff and deceased had cohabitation agreement that provided the plaintiff with option of remaining in residence. On appeal, it was held that given that plaintiff was not paying all of costs of maintaining residence, defendants could reasonably take position that she had not complied with agreement and that residence should be sold.

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In Evans and Discovery Communications, 2018 FC 1153, the Federal Court granted the defendant's motion for summary judgment to dismiss the plaintiff's copyright infringement claim.

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[The judge] must consider whether [the plaintiff] has standing to bring an application under Rule 16-46 [of the Queen's Bench Rules], to require proof of the will in solemn form, or for an order revoking the grant of probate under Rule 16-47. . . . . . Rule 16-46 ... permits an application by any person who “... is or may be interested in the estate.” The grammatical and ordinary meaning of the word “may” in Rule 16-46 connotes possibility ... the use of the phrase “may be interested” means that a person does not have to establish a definite interest in the estate to establish standing. A possible interest, within the context of the applicable law and the specific factual circumstances, is enough to ground standing.

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Employer dismissed employee without appropriate consideration and investigation; Employer did not show conduct incompatible with employee's duties which went to root of contract

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The Supreme Court allowed the appeal in Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47, on November 8, 2018.

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