Personal vs. commercial goodwill – Which one’s worth more?
What exactly is Goodwill? Goodwill is an intangible asset of a business. Although there are many varieties of goodwill, some of the more common examples include a high traffic or exclusive location, a strong reputation, brand name recognition, and great customer relationships. And what’s the…View the post titled Personal vs. commercial goodwill – Which one’s worth more?
“Probate” in Ontario: common questions and concerns
What is Probate? In all estates, the estate trustee will need to consider whether they must “probate” the estate. The probate process is conducted by the proposed estate trustee submitting a court application to obtain a Certificate of Appointment of Estate Trustee. This Certificate confirms…View the post titled “Probate” in Ontario: common questions and concerns
Privacy laws in Canada: to infinite fees and beyond
If you’re a business that hasn’t dotted the i’s in privacy compliance, then you may have your own Buzz Lightyear—“this is an intergalactic emergency”—moment. Both the Feds and Ontario have proposed new privacy legislation: the Feds introduced the Consumer Privacy Protection Act (“CPPA”) and …View the post titled Privacy laws in Canada: to infinite fees and beyond
Adopting your stepchild
In the course of my practice I have met many stepparents that want to adopt their stepchild. The reasons to want to adopt a stepchild are very personal and diverse to the stepparent, child and their parent. Sometimes the biological parent is unknown or absent, due to death or other reasons. …View the post titled Adopting your stepchild
Two corporate modernization developments taking effect today in Ontario
On October 19, 2021, Ontario is taking two significant steps toward the modernization of Ontario corporate law and services, one statutory and one procedural. These developments are of particular importance to not-for-profit corporations who have patiently awaited the arrival of a new statut…View the post titled Two corporate modernization developments taking effect today in Ontario
Ontario Court releases merits decision in medical malpractice class action
After years of litigation, a medical malpractice class action has been decided on its merits. On September 15, 2021, the Ontario Superior Court released its common issues trial decision in Levac v. James, 2021 ONSC 5971. The class action resulted in the plaintiff achieving complete success a…View the post titled Ontario Court releases merits decision in medical malpractice class action
A right to a healthy environment
In a ground breaking decision on Friday, October 8, 2021 the United Nations Human Rights Council recognized the right to a clean, healthy and sustainable environment. Resolution 48/13 calls on the countries throughout the world to work cooperatively in the implementation of this new right to…View the post titled A right to a healthy environment
First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank
In Dufault v Toronto Dominion Bank, 2021 ONSC 6223, the Ontario Superior Court considered the sequencing of pre-certification motions under s. 4.1 of the amended Class Proceedings Act for the first time. The amendment provides as follows: Early resolution of issues 4.1 If, before the hearing…View the post titled First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank
Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, uph…View the post titled Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
Assessing medical malpractice damages and Family Law Act damages
This article about damages for Family Law Act (FLA) claimants is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ between individual…View the post titled Assessing medical malpractice damages and Family Law Act damages
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