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Published on: 15 Mar 2022 By

Damages for senior plaintiffs—the Golden Years Doctrine

Calculating damages for pain and suffering is not a straightforward analysis for a judge or jury. There are a number of factors that are considered when determining the amount. Specifically, Courts have grappled with how to effectively assess such an award in cases dealing with senior plaint…

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Published on: 15 Mar 2022 By

Receiving an inheritance while on the Ontario Disability Support Program

Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support (“ODSP”) can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a finan…

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Published on: 8 Mar 2022 By

Getting it right in Ontario courts’ treatment of honoraria – Doucet and Redublo

In the event of a successful monetary settlement in a class proceeding, courts may order that additional compensation, in the form of a payment called an honorarium, be paid to a representative plaintiff who has meaningfully contributed to advancing litigation on behalf of the class. Honorar…

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Published on: 2 Mar 2022 By

Get your expert reports in on time, or else!

Litigation is complicated. There are many rules, procedures and bureaucratic hoops you need to jump through to get your day in court. Hiring competent lawyers to help you resolve your legal issue is by far the best way to navigate this complicated system. Civil litigation specialists are fam…

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Published on: 18 Feb 2022 By ,

How binding is a non-solicitation clause?

Non-competition clauses are restrictive covenants that courts often deem unenforceable. But what about non-solicitation clauses? Are non-solicitation clauses strictly controlled? What is a non-solicitation clause vs. a non-competition clause? A non-solicitation clause restricts an employee, …

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Published on: 10 Feb 2022 By

First reported decision on s. 29.1 of the amended CPA – Bourque v Insight Productions

In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 (“CPA”), dismissing a putative class action for delay. Section 29.1 provides that, on a motion, the court must dismiss a putative class proceeding for delay unless, by the first…

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Published on: 10 Feb 2022 By

What is on-premises software and how is it different from cloud computing?

If you’re starting a software company, you’re probably wondering whether you should (a) distribute the software to your end-user; or (b) run the software from the cloud while providing the end user log-in credentials to remotely access the software. This is one of the existential questions p…

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Published on: 9 Feb 2022 By

What can I do if I disagree with a class action settlement?

Class actions are regularly resolved by way of settlement. Unlike settlements in other types of litigation, class action settlements must be approved by the court. Once approved, the settlement is binding on all class members who did not opt-out of the action. Prior to the settlement approva…

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