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Published on: 26 Oct 2017 By

The Court of Appeal for Ontario Provides Welcome Clarity on Certification of International Classes

The Court of Appeal for Ontario released its much-anticipated decision in the Airia Brands Inc. v. Air Canada air cargo price-fixing litigation last week. The Court was asked to determine the test for jurisdiction over non-resident class members and whether the test was met in this case. Sis…

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Published on: 19 Oct 2017 By

Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”

In a recent decision, Hunks v Hunks, 2017 ONCA 247, the Court of Appeal ruled that structured settlement payments received after separation to replace lost wages should be classified as “income” not “property” for the purpose of calculating equalization and support. I…

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Published on: 18 Oct 2017 By

What the Cost of Your Training Kit Says About Your Multi-Level Marketing Company

For aspiring multi-level marketing (“MLM”) or direct selling (“DS”) companies, a positive written opinion by Canada’s Competition Bureau is an important first step in the operational success of their business. However, early decisions in the pricing of “st…

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Published on: 12 Oct 2017 By

What is an “Accident”: A Case Summary on Dittmann v. Aviva

The recent Ontario Superior Court of Justice decision of Dittmann v. Aviva Insurance Company of Canada[1] provides an interpretation of what qualifies as an “accident” pursuant to the Statutory Accident Benefits Schedule (“SABS”). Subsection 3(1) of the SABS defines “accident” as “an inciden…

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Published on: 3 Oct 2017 By

Court of Appeal Finds in Favour of Plaintiff in Securities Class Action

A recent decision by the Ontario Court of Appeal has provided clarity on how courts should approach secondary market misrepresentation cases at the preliminary leave stage. In Rahimi v SouthGobi,[1] the Plaintiff Paiman Rahimi (represented by Siskinds) appealed a lower court decision that ha…

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