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 damagesWe don’t get paid unless you do – a guide to contingency fee agreements
High fees are often one of the first things that come to mind when hiring a lawyer. Most lawyers bill hundreds of dollars for every hour of work and pursuing a matter to the end of trial can take hundreds of hours, if not more. The cost of competent legal representation should not be a...
View the post titled We don’t get paid unless you do – a guide to contingency fee agreementsBlades, boards & (non)automobiles
As teenagers return to school and students return to campuses, there is inevitably increased traffic on the roadways. This traffic can include more than just motor vehicles. Other modes of transportation, such as rollerblades and skateboards, also have an increased presence. This may leave d…
View the post titled Blades, boards & (non)automobilesSecurities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claims
In Badesha v Cronos Group, Justice Morgan denied the plaintiff’s motions for leave to proceed with statutory misrepresentation claims under Part XXIII.1 of the Ontario Securities Act (“OSA”) and for certification pursuant to the Class Proceedings Act, 1992. The case raises interesting questi…
View the post titled Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claimsLandlord and other third-party consents in business transactions
When a professional practice or business is sold, whether by share sale or asset sale, consideration must be given to the issue of third-party consents. Typically, when a business enters into a third-party contract, the contract will include a provision whereby the consent of such third part…
View the post titled Landlord and other third-party consents in business transactionsCan a business charge a customer to access their personal information?
Typically, no. It’s not recommended. If you do, contact us as soon as possible because you may get into some trouble with the law. Best Practice: give your customer access to their personal information for free unless the request is excessive or repetitive. You must also have this written do…
View the post titled Can a business charge a customer to access their personal information?Attendant care benefits and the trivialization of women’s work
Caregiving is often performed by women and is considered women’s work. It is also undervalued and unpaid. The way automobile insurers determine how care providers are (or are not) paid illustrates and perpetuates this problem. Attendant care benefits may be available to those who have sustai…
View the post titled Attendant care benefits and the trivialization of women’s workNew rules for mobility and relocation for parents
Mobility or relocation is an issue that commonly arises for clients. The client may want to move for an employment opportunity, a new relationship, etc. So what are your rights and responsibility’s with respect to the issue of mobility when you have a child? The rules regarding to a parent’s…
View the post titled New rules for mobility and relocation for parentsSponsorship applications: Parents and Grandparents Program 2021
The COVID-19 pandemic has been especially challenging for those Canadians whose parents and grandparents are foreign nationals living outside Canada. Many Canadian citizens and permanent residents attempted to apply to sponsor their loved ones in 2020 but were unsuccessful in obtaining invit…
View the post titled Sponsorship applications: Parents and Grandparents Program 2021Receive Blog Posts
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