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Published on: 26 Sep 2022 By ,

Neurological imaging to prove brain injury in medical negligence litigation

A brain injury is when cell death occurs in the brain, which can affect an individual’s capacity, emotional regulation, and ability to function. From a medical negligence perspective, this is often seen in cases of misdiagnosis or delay in the diagnosis of stroke and birth trauma/obstetrical…

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Published on: 23 Sep 2022 By

Take note: employers may be responsible for paying CPP and EI premiums on employee tips and gratuities

According to a recent Federal Court of Appeal decision, employers who receive electronic tips and gratuities from customers (e.g. from debit and credit transactions and gift cards) and pass them on to their employees may be required to pay CPP and EI premiums on those tips and gratuities. Th…

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Published on: 22 Sep 2022 By ,

Reminder to employers: electronic monitoring policies must be in place by October 11, 2022

Early in the pandemic, several employers were caught secretly watching unsuspecting employees working from home through their computer’s camera. Although these employers did this covert surveillance to ensure their employees were working, the surveillance was problematic, both from an employ…

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Published on: 13 Sep 2022 By

Can MLM businesses ever sell on third-party sites? Never say never.

Every MLM business knows that selling products through third-parties such as Amazon or eBay should never be allowed… but is this actually the case? What if MLM companies did sell products in big box stores or on Amazon? This blog post considers the legal and practical consequences of w…

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Published on: 12 Sep 2022 By

Consumer Privacy Protection Act (CPPA) and potential new obligations for businesses

Businesses that previously had few obligations under Canadian privacy law may become significantly impacted by new federal legislation. Bill C-27, introduced on June 16, 2022, seeks to modernize Canada’s now 22-year-old Personal Information Protection and Electronic Documents Act (PIPEDA) wi…

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Published on: 7 Sep 2022 By

SPECT scan admissible at trial as evidence of concussion

In recent years, SPECT (Single-photon emission computerized tomography) scans have become prominent, although somewhat controversial, in the medical field for assisting in the diagnosis of a traumatic brain injury (TBI). SPECT scans are a type of imaging that depict how blood flows to organs…

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Published on: 1 Sep 2022 By

Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.

In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pier…

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Published on: 29 Aug 2022 By

When should I hire a third-party investigator?

You’ve received a harassment complaint by one of your employees and you think, who is going to investigate this? You might feel ill-equipped to deal with the process, perhaps you indirectly report to the respondent, you may have a desk full of urgent work and you cannot clear your schedule t…

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