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Published on: 18 Sep 2020 By

Context is Everything – Miller v FSD Pharma Inc.

In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (“OSA”) for misrepresentations in secondary market disclosure. We have proba…

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Published on: 17 Sep 2020 By

Court finds against insurer who held insured to an “absurd” standard

Lamb v Cooperators, 2020 ONSC 4955 You’ve been struck by a car. You have pain in part of your body. You’re not yet entirely sure where. Then, yes, okay it’s your arm. Your arm hurts. But where exactly. It’s more your shoulder. How bad is the pain though? You think you might have hit your...

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Published on: 14 Sep 2020 By ,

Support for Businesses during COVID-19: CEBA application deadline extended

Despite being able to resume operations following the lifting of certain governmental restrictions related to COVID-19, many business owners continue to experience unprecedented financial challenges. After months of decreased revenue – or possibly even periods without any revenue – business …

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Published on: 8 Sep 2020 By

Climate-Change Litigation: Failure to disclose risks

On July 22, 2020 a 23 year old individual led the filing of a class action lawsuit against the Australian government alleging that the government failed to disclose the material risk of climate change to investors in government bonds1. Instead of seeking damages the relief sought seeks to re…

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Published on: 2 Sep 2020 By

Communication breakdown – Warner v Google LLC

Introduction The British Columbia Supreme Court’s recent decision in Warner v Google LLC (“Warner”)1, a privacy class action related to the collection of data from smartphones, puts the role of the representative plaintiff and the nature of the solicitor-client relationship in the class acti…

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Published on: 21 Aug 2020 By ,

Intellectual Property Considerations for Professionals: Who owns educational or promotional content (like this article)?

Copyright in Content Many businesses, including medical clinics and dental offices, are re-opening after being forced to shut down by public health authorities during the COVID-19 pandemic. During the shut down, many professionals and small business owners published various articles, blog po…

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Published on: 17 Aug 2020 By

Filing deadlines extended for patents, trademarks and industrial designs in response to COVID-19 – Update: Final extension

Note: This post has been updated to reflect additional notices issued by CIPO, mostly recently on August 5, 2020, each which further extended the previously announced extension. As Canada responds to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has taken the drasti…

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Published on: 6 Aug 2020 By

Recent court decisions create and perpetuate uncertainty in Ontario employment law

As COVID-19 seemed to put the world on “hold” for some time in 2020, Ontario courts were still busy at work releasing decisions with significant implications for employers. While we generally expect court decisions to resolve uncertainties in the law, I want to highlight three recent decisio…

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Published on: 31 Jul 2020 By

Essential visitors, essential caregivers, and COVID-19

During the COVID-19 pandemic, strict guidelines have been put in place regarding visitors at long-term care homes. On June 10, 2020, the Chief Medical Officer of Health (“CMOH”) provided an update to “Directive #3” to include precautions and procedures for homes to follow in relation to mana…

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