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Published on: 25 Nov 2020 By

How Canada and the U.S. prohibit pyramid schemes differently

The U.S. and Canada prohibit product-based pyramid marketing schemes in different ways. This short article is intended to give multi-level marketing businesses a better understanding of the important legal asymmetries between the two countries.   The Canadian Competition Act specifically def…

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Published on: 25 Nov 2020 By

How to trim eDiscovery costs part three: Leverage technology by adding tools and apps to your review

In my previous blog posts How to trim eDiscovery costs part one: Laying the groundwork, and How to trim eDiscovery costs part two: Review fewer documents and review efficiently, I discussed reducing eDiscovery costs by taking the time to set the stage before documents are exchanged, and by l…

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Published on: 24 Nov 2020 By

Excluded benefits – General exclusions under Ontario’s no-fault accident benefits regime

In Ontario, an individual injured as a result of a motor vehicle accident can claim from the automobile insurance company for various benefits under the Statutory Accident Benefits Schedule (the “SABS”). The purpose of the SABS is to allow an insured individual access to necessary treatment …

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Published on: 24 Nov 2020 By

No protection for employers under the Supporting Ontario’s Recovery Act

On Friday, November 20, 2020, the Ontario government enacted the Supporting Ontario’s Recovery Act, 2020 (the “Act”). As discussed by my colleague Anna Stoll in COVID-19 and limiting liability, the Act retroactively limits civil liability for the transmission and/or contraction of COVID-19 i…

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Published on: 23 Nov 2020 By

Conducting workplace investigations COVID-style

As the COVID-19 pandemic carries on in Canada, it is becoming apparent that virtual workplace investigations may be here to stay for longer than we anticipated and most likely permanently. For many workplace investigators, virtually investigating was a new way of doing things and with nearly…

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Published on: 20 Nov 2020 By

British Columbia Supreme Court rejects plan of arrangement for barring claims of historical shareholders

Overview In Re iAnthus Capital Holdings, Inc., 2020 BCSC 1442, Justice Gomery of the BCSC rejected a plan of arrangement due to the overly broad scope of release and injunction clauses which were found to bar claims of historical shareholders which preceded the plan. His Honour did not dismi…

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Published on: 20 Nov 2020 By

Courts reject “improvident” settlement in CHL class actions

Recent settlement approval decisions issued by the Ontario, Alberta and Quebec courts provide useful commentary on the appropriate scope of a release in a class action settlement. Class actions were commenced in Ontario, Alberta and Quebec concerning the employment status of major junior hoc…

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Published on: 18 Nov 2020 By

Right to access your vehicle’s telematic data?

In our previous post, we explained how the US November 3rd election resulted in developments that were overlooked. Namely, the expansion of the recreational and medicinal cannabis market. Another underreported but critical development took place in Massachusetts where Bay Staters voted en ma…

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Published on: 17 Nov 2020 By

Employers: Supreme Court of Canada weighs in on discrimination, bonus entitlements

It has been some time since the Supreme Court of Canada (“SCC”) last addressed employment-law related issues, but it recently issued two noteworthy decisions that may be relevant to employers. In Fraser v. Canada (Attorney General), 2020 SCC 28, the SCC arguably set the bar lower for employe…

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Published on: 13 Nov 2020 By

What real estate professionals need to know about incorporating

On March 4, 2020, Bill 145 received royal assent and amended and replaced the Real Estate and Business Brokers Act with the Trust in Real Estate Services Act (TRESA). The most significant amendment ushered in under TRESA is that real estate professionals are now permitted to carry on their b…

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