My dog bit somebody… am I liable?
During the pandemic, lots of people became first-time dog owners. With this added companionship also comes liability for the actions of their new pet. Unfortunately, we can’t always predict the behaviour of our dogs. Dog attacks can cause serious injuries, especially to young children who ar…
View the post titled My dog bit somebody… am I liable?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…
View the post titled Neurological imaging to prove brain injury in medical negligence litigationTake 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…
View the post titled Take note: employers may be responsible for paying CPP and EI premiums on employee tips and gratuitiesReminder 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…
View the post titled Reminder to employers: electronic monitoring policies must be in place by October 11, 2022Can 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…
View the post titled Can MLM businesses ever sell on third-party sites? Never say never.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…
View the post titled Consumer Privacy Protection Act (CPPA) and potential new obligations for businessesFood, drug, and natural product claims
Businesses that advertise food products are subject to myriad regulations with respect to the claims they can make about their products. The law Generally speaking, Food and Drugs Act, Competition Act, and Safe Food for Canadians Act govern advertising concerning food, drugs and natural heal…
View the post titled Food, drug, and natural product claimsSPECT 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…
View the post titled SPECT scan admissible at trial as evidence of concussionCan the insurer “spy” on me?
During a personal injury claim, you may discover that you are being followed, videotaped, and photographed. While undoubtedly uncomfortable and intrusive, “surveillance” is legal and is quite common. The purpose and impact of surveillance During a personal injury claim, the lawyer for the de…
View the post titled Can the insurer “spy” on me?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…
View the post titled 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.Receive Blog Posts
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