Dazed and Confused: Five more contractual considerations for uncertain times
In part one of this article, I discussed five considerations for negotiating and drafting contracts during this period of continuing commercial uncertainty resulting from the COVID-19 pandemic. Below are five additional considerations for negotiating, drafting and executing contracts during …
View the post titled Dazed and Confused: Five more contractual considerations for uncertain timesDazed and Confused: Five contractual considerations for uncertain times
The year 2020 will not soon be forgotten. Despite the devastation of the COVID-19 pandemic, it has also provided a catalyst for substantial innovation and positive disruption to business models and commercial practices. During this time of business adaptation to respond to the unique challen…
View the post titled Dazed and Confused: Five contractual considerations for uncertain timesContext 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…
View the post titled Context is everything – Miller v FSD Pharma Inc.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...
View the post titled Court finds against insurer who held insured to an “absurd” standardSupport 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 …
View the post titled Support for Businesses during COVID-19: CEBA application deadline extendedClimate-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…
View the post titled Climate-Change Litigation: Failure to disclose risksCommunication 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…
View the post titled Communication breakdown – Warner v Google LLCIntellectual 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…
View the post titled Intellectual property considerations for Professionals: Who owns educational or promotional content (like this article)?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…
View the post titled Filing deadlines extended for patents, trademarks and industrial designs in response to COVID-19 – Update: Final extensionRecent 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…
View the post titled Recent court decisions create and perpetuate uncertainty in Ontario employment lawReceive Blog Posts
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