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Published on: 2 Sep 2020 By

Communication 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…

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Published on: 21 Aug 2020 By ,

Intellectual 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…

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Published on: 17 Aug 2020 By

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…

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Published on: 6 Aug 2020 By

Recent 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…

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Published on: 31 Jul 2020 By

Essential visitors, essential caregivers, and COVID-19

During the COVID-19 pandemic, strict guidelines have been put in place regarding visitors at long-term care homes. On June 10, 2020, the Chief Medical Officer of Health (“CMOH”) provided an update to “Directive #3” to include precautions and procedures for homes to follow in relation to mana…

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Published on: 30 Jul 2020 By

A cautionary tale: Employee misconduct creates employer liability

Consider this scenario: An employee steals co-workers’ personal information and uses it in an attempt to blackmail his employer, threatening to release it publicly unless a ransom is paid. Who’s stuck with the liability in this story? You may be surprised.  Grossman v. Nissan is a class acti…

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Published on: 23 Jul 2020 By

The SCC’s decision in Uber signals modernization of Canadian workers’ rights

On June 26, 2020 the Supreme Court of Canada released its decision in Uber Technologies Inc. v. Heller 2020 SCC 16. In an eight-one majority, the SCC held that the plaintiff Uber driver could proceed with his class action against Uber, despite the mandatory arbitration clause contained in a …

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Published on: 21 Jul 2020 By

Canadian direct sales and multi-level marketing: Financial representation and disclosure

According to the Section 55 of the Competition Act, if operators of a multi-level marketing (“MLM”) plan wish to make financial representations to a prospective participant, fair, reasonable, and timely financial disclosure must also be disclosed. At its core, this requirement ensures a pros…

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