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Video Testimonial – Slip & Fall

Written by on September 20, 2017.

An icy patch on a walkway was reported to the condo core, but the walkway was not properly maintained. As a result of this oversight, our client suffered a slip and fall and sustained injuries that required legal support. Anna Szczurko and her team worked closely with our client to provide the results he wanted. He tells his story in this video.

Video Testimonial – Motorcycle Accident

Written by on September 12, 2017.

Following a motorcycle accident that was caused due to a provincial road in need of repair, our client knew immediately that she needed legal support. After a long and complex journey with Jim Virtue and his team, this client received the outcome that was long awaited. She tells her story in this video.

Court Grants Leave to Appeal on Umbrella Purchaser Issue

Written by on September 06, 2017.

Fanshawe College of Applied Arts and Technology v Hitachi, Ltd., 2017 ONSC 2791 In Fanshawe v Hitachi, the plaintiff alleges that the defendants engaged in a conspiracy to fix the prices for CRT (an older technology used in televisions and computer monitors).  The plaintiff alleges breach of the Competition Act, RSC 1985, c C-34 (the “Competition Act”), and the tort of unlawful means conspiracy based on the alleged breach of the Competition Act. In August 2016, the Ontario court certi...

$500 Million Tim Hortons Class Action – A Warning for Franchisors Administrating Ad Funds

Written by on August 28, 2017.

Tim Hortons is the largest franchise system in Canada by number of franchised locations, operating with approximately 3,500 units nationally. Accordingly, any legal action relating to the business makes waves in the franchise community and serves as a warning to other franchisors. On June 19, 2017, an Ontario-based Tim Hortons franchisee filed a $500 million class action lawsuit (the “Claim”) against its franchisor, its franchisor’s parent, the company that distributes its advertising f...

Just Cause: All’s Well That Ends Well, But in the Meantime…

Written by on August 23, 2017.

It’s not news to readers of this blog that proving just cause for the dismissal of an employee is a high hurdle. Our clients also know that we usually recommend the continuation of a dismissed employee’s group benefits during negotiations post-dismissal.  Now there’s a case to highlight the important connection between these two principles. Remy Fernandes was a teacher at Mississauga Private School for 10 years, but not a good one. At trial, the judge found that Mr. Fernandes had: deli...

And Who is my Neighbour? Superior Court Rejects Proposed Class Action by Survivors of the Rana Plaza Disaster

Written by on August 21, 2017.

Introduction In April 2013, Rana Plaza – an unsanctioned commercial building on the outskirts of Dhaka, Bangladesh home to several clothing manufacturers – collapsed. The failure was driven in part by the industrial equipment required to manufacture garments in the building, which had a poorly built structure and was unsuited to heavy industry. The accident was the deadliest of its kind in modern history: over 1100 people were killed, and thousands more were seriously injured. The fact...

EU-US Privacy Shield Framework – Does it Apply to Your Business?

Written by on August 21, 2017.

Background In late 2015, the highest court in the European Union invalidated the Safe Harbor data-transfer framework that ruled over the transmission of personal data between the EU and U.S. for approximately 15 years. The European Court of Justice held that the U.S. government’s repeated and surreptitious access to the data of EU residents violated EU privacy rules and invalidated the agreement. In response, the European Commission and the U.S. Government negotiated a new framework for tr...

Canada Consumer Product Safety Act – Does it Apply to Your Business?

Written by on August 18, 2017.

The Canada Consumer Product Safety Act (“CCPSA”) has the stated purpose of protecting the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those products that are imported.[1] The legislation defines a “danger to human health or safety” as an unreasonable hazard, either existing or potential, that is posed by a consumer product during its use or as a result of its normal or foreseeable use that may have an ad...

Going to Court in Ontario: Selecting the Proper Jurisdiction to Commence Your Claim

Written by on August 17, 2017.

Summary This article provides a comparative review of the two venues to commence your legal action in Ontario. Overview If you have suffered a wrong (i.e. breach of contract) you may commence a legal proceeding in an Ontario court. You may do so in Small Claims Court (“SCC”) or in the Superior Court of Justice (“SCJ”). This article provides a comparison of both procedural paths and concludes with the benefits and drawbacks of each. The substantive law (i.e. the interpretation of...

Contributory Negligence

Written by and on August 14, 2017.

Some clients come to us believing that they won’t succeed in a claim for damages because they were at fault, or partially at fault for the accident which caused their injuries. What these clients often don’t know is that the law doesn’t view who is at fault as a black and white issue. Courts can, and often do, split liability between two or more parties, including the injured parties. When a plaintiff is found to have some fault in the accident that caused their own injuries, it is call...