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Published on: 1 Sep 2022 By

Beyond “functional disclosure” – Ontario Court of Appeal applies the rule from Handley Estate in CHU de Québec-Université Laval v. Tree of Knowledge International Corp.

In multi-party litigation, situations may arise where one or more defendants are inclined to settle a plaintiff’s claims while others are not. In these circumstances, the settling defendant may execute a settlement agreement with the plaintiff called a Pierringer agreement. Essentially, Pierringer agreements allow one or more settling defendants to withdraw from the plaintiff’s action while the...

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Published on: 6 Sep 2022 By (She/Her)

Can the insurer “spy” on me?

During a personal injury claim, you may discover that you are being followed, videotaped, and photographed. While undoubtedly uncomfortable and intrusive, “surveillance” is legal and is quite common. The purpose and impact of surveillance During a personal injury claim, the lawyer for the defendant insurance company often uses surveillance to challenge the severity of your...

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Published on: 9 Jan 2023 By

Current processing times of grant of citizenship and proof of citizenship applications in Canada

Grant of Canadian citizenship Obtaining Canadian citizenship requires you to complete several steps and it is not a quick process. A foreign national must first become a permanent resident of Canada and meet eligibility requirements before applying for Canadian citizenship. People over the age of 18 (and some minors) must have been physically present in...

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Published on: 7 Oct 2020 By ,

Divisional Court denies leave to appeal in Trailing Commission class action

In Stenzler v TD Asset Management Inc., the Ontario Divisional Court recently denied an appeal by TD Asset Management Inc. (“TDAM”) from a decision certifying the Plaintiff’s action to recover trailing commissions he alleges were improperly paid by TDAM to Discount Brokers1. TDAM pays trailing commissions to Discount Brokers on behalf of investors who hold...

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Published on: 1 Dec 2021 By

As a Canadian permanent resident, can I travel outside Canada without the Permanent Residence Card during COVID-19?

Since March 2020, Immigration, Refugees and Citizenship Canada (‘IRCC’) have being abstaining from the traditional in-person permanent residence landing appointments to validate Confirmation of Permanent Residence (‘CoPR’). Instead, the IRCC have been completing virtual landing and issuing electronic CoPRs. To facilitate the virtual landing, the IRCC use the Online Permanent Residence Confirmation Portal. The Portal...

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Published on: 19 Oct 2021 By

Two corporate modernization developments taking effect today in Ontario

On October 19, 2021, Ontario is taking two significant steps toward the modernization of Ontario corporate law and services, one statutory and one procedural. These developments are of particular importance to not-for-profit corporations who have patiently awaited the arrival of a new statutory regime and simpler processes to complete their corporate filings. Ontario’s Not-for-Profit Corporations...

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Published on: 7 Oct 2021 By

Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”

A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, upheld Justice Morgan’s refusal to stay an Ontario class action despite the authorization of a nearly identical...

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Published on: 13 Apr 2021 By

Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investors

In Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“SN 21-329”), the Canadian Securities Administrators (CSA) issued an ultimatum to crypto asset platforms operating within Canada or with Canadian users: Register, or else. Published on March 11, 2021 jointly with IIROC1, SN 21-329 attempts to fully integrate these crypto asset trading...

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Published on: 24 Feb 2021 By

I received a payment from a class action. How do I know if it is legitimate?

Voir en français At one time or another, you may have received notification that you are eligible to participate in a class action. The notice will tell you how to file a claim, usually by completing an online form on a website dedicated to the administration of the class action. Sometimes you may be required...

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