The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer Contracts
Case Commentary: Douez v Facebook, Inc., 2017 SCC 33 Ms. Douez, an ordinary citizen of the Province of British Columbia, brought a proposed class action against the internet giant, Facebook, Inc. (“Facebook”), alleging that it improperly used her personal information to advertise companies a…
View the post titled The (Un?!-)Enforceability of Forum Selection Clauses in Adhesion Consumer ContractsIs Canada closer to recognizing a legal right to a healthy environment?
The federal parliamentary Standing Committee on Environment and Sustainable Development has released a report resulting from its review of the Canadian Environmental Protection Act (CEPA). The standing committee has recommended that a right to a healthy environment be included in forthcoming…
View the post titled Is Canada closer to recognizing a legal right to a healthy environment?Linda Visser Quoted in Law Times about Umbrella Purchaser Claims
Linda Visser was interviewed by the Law Times last month to get her views on the recent Divisional Court decision, Shaw v LG Chem Ltd. Read the full article here.
View the post titled Linda Visser Quoted in Law Times about Umbrella Purchaser ClaimsIndecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment Contracts
Asking existing employees to sign new employment contracts can be a sensitive topic. Employees will undoubtedly wonder why they are being asked to do so. Many will quite rightly assume that the employer’s main motive for having new contracts be signed is to protect the employer – not the emp…
View the post titled Indecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment Contracts3-month Jail Time for Illegally Trafficking Iguanas
An Ontario man was sentenced to three months jail in New Brunswick for illegally trafficking threatened iguanas. The individual, who is from Thornhill, Ontario, was sentenced in Fredericton Provincial Court to concurrently serve two three-month jail terms after pleading guilty to one count o…
View the post titled 3-month Jail Time for Illegally Trafficking IguanasCompany issued $3,500,000 in fines under the Fisheries Act
Earlier this month, an Alberta-based mining company, Prairie Mines & Royalty ULC, pleaded guilty to two counts under the Fisheries Act. The charges related to a dike failure that occurred in October 2013. The dike was used to contain a large volume of waste water containing coal, clay, …
View the post titled Company issued $3,500,000 in fines under the Fisheries ActFranchising in Canada: have the wheels fallen off?
(Note: This article was also published on AdvocateDaily) Last year was relatively quiet in terms of major (i.e. Court of Appeal) decisions or legislative changes. One interesting, and important, development is the increasing willingness of the courts to decide matters based on summary judgme…
View the post titled Franchising in Canada: have the wheels fallen off?The Supreme Court confirms: Mental and physical injury are to be treated identically
– “[t]he loss of our mental health is a more fundamental violation of our sense of self than the loss of a finger” The unanimous decision of the Supreme Court of Canada, released June 2, 2017, confirmed that the law of negligence requires identical treatment of both mental and physical…
View the post titled The Supreme Court confirms: Mental and physical injury are to be treated identicallyEnvironmental Commissioner examines municipal water use, energy consumption, and climate change
The Environmental Commissioner of Ontario has published her Annual Energy Conservation Progress Report, entitled Every Drop Counts (the “Report”). The Report focuses on the nexus between water and energy and finding ways to reduce municipal consumption of both in Ontario. The Report focuses …
View the post titled Environmental Commissioner examines municipal water use, energy consumption, and climate changeBennett v Lenovo – Another Step Toward a Consumer Privacy Protection Jurisprudence
Introduction The recent decision of the Ontario Superior Court of Justice in Bennett v Lenovo, 2017 ONSC 1082 is an important step in the development of privacy class actions in Canada. In Lenovo, the Court refused to strike the majority of causes of action pleaded by the Plaintiffs, permitt…
View the post titled Bennett v Lenovo – Another Step Toward a Consumer Privacy Protection JurisprudenceReceive Blog Posts
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