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Published on: 21 Jul 2021 By

What if Britney Spears lived in Ontario? Examining agency and guardianships in Ontario

Britney Spears’ conservatorship, and the resulting “Free Britney” movement, has been a topic of much discussion in the news. Plenty of attention, and rightfully so, has been focused on what Britney’s wishes are with respect to the conservatorship. Recently, Britney made a powerful statement …

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Published on: 20 Jul 2021 By

Online presence for physicians: Appropriate use of social media

Our interactions and presence on social media have continued to increase, especially during the pandemic when the need and desire to stay connected with one another has been heightened. Many professionals, including physicians, use social media in their practice as an effective tool to commu…

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Published on: 19 Jul 2021 By

Changes on horizon for Canada’s privacy laws thanks to Bill C-11

Bill C-11 marks the first update to Canadian privacy law since the Personal Information Protection and Electronic Documents Act (PIPEDA) came into effect in 2000. If passed, the Bill would enact the Consumer Privacy Protection Act (CPPA) and bring about significant changes to private-sector …

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Published on: 16 Jul 2021 By

Horseplay pain for both employer and employee: Eynon v. Simplicity Air

Employees often defend horseplay as an effective way to make work more fun. But when horseplay turns dangerous, liability accrues to everyone. The story of Daniel Eynon and Simplicity Air is a cautionary tale. Mr. Eynon foolishly took up a challenge from a coworker to climb a 14-foot-high ch…

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Published on: 15 Jul 2021 By

Considerations if you want a claim grounded in fraud to survive a debtor’s bankruptcy

Two recent cases, Bank of Montreal v. Mathivannan, 2021 ONSC 2538 (CanLII) and Johansen v Wallgren, 2021 ABCA 234 (CanLII), highlight some procedural pitfalls to avoid when trying to have a claim survive a debtor’s discharge. When a debtor files for bankruptcy, on their discharge they will b…

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Published on: 12 Jul 2021 By

Are COVID-19 unemployment payments deductible from wrongful dismissal damages?

When the COVID-19 pandemic led to widespread layoffs in Q2 2020, the Canadian government introduced the unprecedented Canada Emergency Recovery Benefit (or “CERB”). CERB was retired in September 2020 and was replaced with (among other things) the EI Emergency Response Benefit (“EI ERB”) and …

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Published on: 7 Jul 2021 By

What’s an employer to do when Infectious Disease Emergency Leave ends?

With over 78% of adults in Ontario having received at least their first dose of a COVID-19 vaccine, there is much talk about the economy starting to rebound and employees returning to in-person work. Just recently, CBC News and Global News reported that hiring intentions have hit an all-time…

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Published on: 28 Jun 2021 By

Privacy policies: Why are they important?

If you operate an online platform–be it a website or a mobile app–you probably also collect, use, or disclose personal information. If so, you are required to have a privacy policy[1]. Privacy policies explain to your patrons what data you collect, why you collect that data, how that data wi…

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Published on: 23 Jun 2021 By

Upcoming, practical changes to Ontario’s Business Corporations Act

Bill 213, the Better for People, Smarter for Business Act, 2020 received Royal Assent in December of 2020.  As a result, some significant amendments to Ontario’s Business Corporations Act (“OBCA”) will come into force on July 5th, 2021: 1. Elimination of Director’s Canadian Residency Require…

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Published on: 22 Jun 2021 By

COVID-19 temporary layoffs: Not constructive dismissal after all?

Throughout the COVID-19 pandemic, many employers have been forced to temporarily lay employees off because of unexpected business disruptions and/or shutdowns. After over a year of media articles, commentary and legal webinars, employers are likely aware that a temporary layoff is presumptiv…

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