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Published on: 21 Apr 2021 By

Laws of attraction: When allowing employee romances may be bad for business (and the employer’s pocketbook!)

Many people spend the majority of their waking hours at work. Close bonds and friendships often develop between coworkers and, at times, romantic or sexual relationships result. So what’s an employer to do when the “laws of attraction” pose risk to the workplace – possibly even clash with th…

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Published on: 16 Apr 2021 By

Can adultery be used as a reason for divorce?

Three grounds for divorce In Canada the laws related to divorce are governed by the Divorce Act, which effective March 1, 2021 underwent some significant amendments. The Divorce Act is federal legislation, so it applies all across Canada. The Divorce Act sets out what must occur prior to a C…

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Published on: 15 Apr 2021 By

Ontario Superior Court rules employer can’t refuse to comply with termination clause and later argue it’s enforceable

A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, suggests that employers run the risk of being found to have “repudiated” an otherwise valid employment agreement if they fail to comply with the termination provisions of that agreemen…

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Published on: 14 Apr 2021 By

Who has you covered? Ontario Court of Appeal narrows the availability of coverage for cyber matters under traditional insurance policies

Insuring your business may be costly, but gaps in your insurance may cost you more. A recent decision from the Ontario Court of Appeal could prevent you from making claims against your insurance policy if you happen to suffer a cyber security breach. In Family and Children’s Services of Lana…

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Published on: 13 Apr 2021 By

Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investors

In Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“SN 21-329”), the Canadian Securities Administrators (CSA) issued an ultimatum to crypto asset platforms operating within Canada or with Canadian users: Register, or else. Published o…

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Published on: 9 Apr 2021 By

Cy-prés distributions – Honouring “as close as possible”

In a previous blog post we had discussed the origin of cy-près distributions and their benefits. In sum, cy-près distributions help to enforce one of the public policy rationales behind class actions: behaviour modification by holding wrongdoers accountable for their actions. Where it is no …

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Published on: 5 Apr 2021 By

Driving into the future: Privacy and insurance implications of self-driving cars

Back in the early 90s, shows like Transformers and Knight Rider shaped and invigorated the imagination of young kids by integrating well known cars with computerized, autonomous, and intelligent personalities. The cars drove themselves; both literally and in personality. Today this story, wh…

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Published on: 30 Mar 2021 By

Can I walk away if I don’t pay the real estate deposit?

Over the past few months we are seeing more scenarios where a buyer, having their offer to purchase real estate accepted, will not pay the deposit and then try to walk away from the deal. Whether due to buyer’s remorse, or because a buyer submits offers on multiple properties and then moves …

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Published on: 23 Mar 2021 By

Vicarious liability of school boards for sexual assault by teachers

“Vicarious liability” is a legal concept which can cause employers to be held accountable for the negligent and, in some cases, intentional misconduct of their employees. The possibility of a finding of vicarious liability is intended to act as a deterrent to ensure employers put systems in …

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Published on: 10 Mar 2021 By

Top five things you need to know to get your business to be PCI compliant

Does your business accept payment via credit card? If so, you will likely need to be PCI compliant. This article provides a step-by-step guide for beginners on what PCI compliance is and how to get your business PCI compliant. 1. What is PCI DSS? The PCI Security Standards Council (the “Coun…

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