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Published on: 21 Aug 2015 By

Canadian Courts’ Jurisdiction Over Foreign Defendants in Cases Arising From E-Commerce Relations

With the internet expanding its reach globally, the marketplace participants increasingly turn to it in order to foster their businesses. Manufacturers, distributors, retail stores and service providers take advantage of the internet in order to increase their customer base. Customers, similarly, increasingly use the internet to access products and services. As a result, the past...

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Published on: 14 Aug 2018 By

Tech firms must follow Canadian anti-spam laws

Two tech companies were recently fined a total of $250,000 for the installation of malicious software through online ads. The case is the first where firms were fined by the Canadian Radio-Television and Telecommunications Commission (CRTC) for breaching Canada’s Anti-Spam Legislation (CASL) sending the message that the federal agency is checking on tech firms to determine...

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Published on: 26 Jun 2017 By

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 and products to other members of Facebook and externally without her consent....

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Published on: 16 Aug 2012 By

Social Media in Personal Injury Litigation: Will defence lawyers and insurance companies search my Facebook, Twitter and other social media pages?

Introduction Hiring private investigators to monitor plaintiffs in their daily lives is a common practice for defence lawyers and insurance companies, in order to find out if the plaintiff has lied about or exaggerated his or her injuries. In recent years, they have begun to regularly search social media pages for this information. These sites...

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Published on: 25 Jul 2023 By

Xeljanz, linked to heart attacks, blood clots, and cancers – is now approved to treat arthritis of the spine

Xeljanz, an arthritis drug that has been the subject of multiple Health Canada advisories due to its potential to expose users to serious health risks (including heart attack, cancer, and death), has now been approved for use to treat a new type of chronic health condition: ankylosing spondylitis. Xeljanz is an arthritis drug prescribed for...

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Published on: 22 Nov 2018 By

Government “Eco Fees” on New Tires Eliminated

If you recently purchased winter tires in Ontario you may have noticed that the government “eco-fees” charged on the purchase of new tires was eliminated as of October 1, 2018. The fee, which was approximately $3.30 per tire for passenger and light trucks was levied by the government to support the Ontario Tire Stewardship organization...

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Published on: 30 Dec 2015 By

“How do I protect my rights in a class action?”

We on the Class Actions Team are asked this question almost every day. And rightly so! Failing to protect your own rights in a class action can prevent you from receiving compensation for the losses you suffered, even if compensation is paid to the class. Take, for example, the settlement of a class action where...

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Published on: 16 Feb 2011 By (Dianne Saxe)

Please vote for us!

Dear Dianne and Jackie: For the first time, the LexisNexis Environmental Law & Climate Change Community is honoring a select group of blogs that set the online standard for our practice area. I’m pleased to notify you that Environmental Law and Litigation blog is one of the nominated candidates for the LexisNexis Top 50 Environmental Law &...

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Published on: 20 Nov 2014 By

Buyer can't rely on Seller's Environmental Reports

A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a reliance letter. Real estate lawyers, take note, please. In Community Mental Health Initiative Inc. v....

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