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Published on: 11 May 2017 By

Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095

Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinen…

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Published on: 9 May 2017 By

Canada’s Anti-Spam Laws Enhance Consumer Protection and Provide Compensation for Improper Electronic Activities

(Note: There have been changes to the legislature since this article was published. Please go here for an update.) The laws of Canada protect consumers and computer users against improper commercial electronic activities. If you are a Canadian consumer who uses a computer or goes on the inte…

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Published on: 5 May 2017 By

Quebec’s plan to save an endangered woodland caribou herd through captivation

The Quebec government has taken an unorthodox, and controversial, approach to protecting an endangered herd of woodland caribou. The herd’s habitat is found outside the city of Val d’Or. Recently, the herd’s population has faced intense pressure from logging, hunting, and ATV’ing. These acti…

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Published on: 4 May 2017 By

Raibex decision alters franchise landscape on presale disclosure

The disclosure obligations for franchisors expanded with a recent Ontario Superior Court of Justice ruling, and will change the way deals are struck in the province, says franchise lawyer Peter Dillon. In Raibex Canada Ltd. v. ASWR Franchising Corp., 2016 ONSC 5575 (CanLII), the judge found …

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Published on: 2 May 2017 By

How Long Do I Have to Make a Personal Injury Claim?

If you have been injured in an accident and wish to pursue a personal injury claim, you should be aware of the following time limits. Failure to take the necessary steps within these time limits could extinguish your legal rights. It is always recommended that you speak with a personal injur…

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Published on: 20 Apr 2017 By

Case Commentary: Bernstein v Peoples Trust Company, 2017 ONSC 752

A recent decision certifying a class action for prepaid payment cards demonstrates the potential of Ontario’s Consumer Protection Act and the limits of creative technical arguments at the threshold certification stage. Case Background Bernstein v Peoples Trust Company is a class action regar…

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Published on: 18 Apr 2017 By

Can a landlord be sued for historical contamination potentially caused by its tenant?

A recent decision on a summary judgement motion underscores the difficulty inherent in suing a landlord for contamination caused by its tenant. In Sorban Investments Ltd v Litwack, 2017 ONSC 706, several Defendants successfully brought a motion for summary judgement dismissing the plaintiff’…

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Published on: 12 Apr 2017 By

Des Moines Water Works sues County for Agricultural Runoff

The Storm Lake Times, a small family-run Iowa newspaper, won a 2017 Pulitzer Price award for its coverage of issues associated with farm pollution from local agricultural companies and the failure of the County to control the agricultural runoff in the area. The Storm Lake Times covered how …

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