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Published on: 26 Jun 2017 By

The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts

Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies a…

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Published on: 22 Jun 2017 By

Is Canada closer to recognizing a legal right to a healthy environment?

The federal parliamentary Standing Committee on Environment and Sustainable Development has released a report resulting from its review of the Canadian Environmental Protection Act (CEPA). The standing committee has recommended that a right to a healthy environment be included in forthcoming…

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Published on: 19 Jun 2017 By

Indecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment Contracts

Asking existing employees to sign new employment contracts can be a sensitive topic.  Employees will undoubtedly wonder why they are being asked to do so.  Many will quite rightly assume that the employer’s main motive for having new contracts be signed is to protect the employer – not the e…

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Published on: 16 Jun 2017 By

3-month Jail Time for Illegally Trafficking Iguanas

An Ontario man was sentenced to three months jail in New Brunswick for illegally trafficking threatened iguanas. The individual, who is from Thornhill, Ontario, was sentenced in Fredericton Provincial Court to concurrently serve two three-month jail terms after pleading guilty to one count o…

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Published on: 14 Jun 2017 By

Franchising in Canada: have the wheels fallen off?

(Note: This article was also published on AdvocateDaily.com) Introduction Last year was relatively quiet in terms of major (i.e. Court of Appeal) decisions or legislative changes. One interesting, and important, development is the increasing willingness of the courts to decide matters based …

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Published on: 9 Jun 2017 By

The Supreme Court confirms: Mental and physical injury are to be treated identically

– “[t]he loss of our mental health is a more fundamental violation of our sense of self than the loss of a finger” The unanimous decision of the Supreme Court of Canada, released June 2, 2017, confirmed that the law of negligence requires identical treatment of both mental and physical…

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Published on: 9 Jun 2017 By

Environmental Commissioner examines municipal water use, energy consumption, and climate change

The Environmental Commissioner of Ontario has published her Annual Energy Conservation Progress Report, entitled Every Drop Counts (the “Report”). The Report focuses on the nexus between water and energy and finding ways to reduce municipal consumption of both in Ontario.  The Report focuses…

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