Newly released J&J bankruptcy plan for compensating talcum powder cancer claims includes Canadian claims
A Johnson & Johnson subsidiary that is pursuing a US bankruptcy to resolve thousands of talcum powder lawsuits has filed its plan for compensating cancer victims with pending claims, and the proposed plan directly impacts the rights of Canadians. The Chapter 11 Plan of Reorganization provides the first public details of which pending cancer claims...
Continue reading the post titled Newly released J&J bankruptcy plan for compensating talcum powder cancer claims includes Canadian claimsOnline presence for physicians: Appropriate use of social media
Our interactions and presence on social media have continued to increase, especially during the pandemic when the need and desire to stay connected with one another has been heightened. Many professionals, including physicians, use social media in their practice as an effective tool to communicate and interact with colleagues and patients, market their practice and...
Continue reading the post titled Online presence for physicians: Appropriate use of social mediaDependant support claims: the basics
The ability to choose who you want to include in your Will and what you want that person to receive—commonly referred to as “testamentary freedom”— is a deeply entrenched common-law principle. In the case of Canada Trust Co. v. Ontario (Human Rights Commission) (1990), 1990 CanLII 6849, the Court of Appeal for Ontario noted that “the freedom of...
Continue reading the post titled Dependant support claims: the basicsLiberal platform on environment
According to the Liberal Party website, the new Canadian government will: reverse the cuts that the Conservatives made to federal environmental laws and environmental assessments, consider climate change when proposing oil infrastructure, support government scientists, take climate change more seriously, stop political harassment of environmental charities, and boost investment in green infrastructure. For example, the Liberal...
Continue reading the post titled Liberal platform on environmentMy first trial, still good law 30 years later
The first decade of Dianne Saxe’s professional life was devoted to energy/transportation policy and regulation, not litigation. So this week is the thirtieth anniversary of her first litigation victory: Public Trustee v. Mortimer et al. At the time, I represented the office of the Public Trustee. I was seeking to recover $200,000 that a lawyer had stolen from an...
Continue reading the post titled My first trial, still good law 30 years laterLavender v Miller Bernstein: An Auditor’s Duty to Non-Clients
Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein[1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is counsel to the class members. The decision clarifies the circumstances under which...
Continue reading the post titled Lavender v Miller Bernstein: An Auditor’s Duty to Non-ClientsLaw Society rule change eases investigations
Ontario’s Law Society has changed the rules of professional conduct to make it easier for lawyers investigating a case to communicate with employees and agents of the other side. Rule 6.03 (9) used to prohibit lawyers from communicating with employees and agents of any organization whose acts or omissions “may expose the corporation or organization...
Continue reading the post titled Law Society rule change eases investigationsFederal government announces further changes to the Canada Emergency Response Benefit
On April 6, I posted this blog summarizing the main features of the Canada Emergency Response Benefit (“CERB”). On April 15, Prime Minister Justin Trudeau announced further changes to the Canada Emergency Response Benefit (“CERB”). Note that the proposed changes have not yet been formalized in legislation. Applicants may earn up to $1,000 in income: Previously, only those who...
Continue reading the post titled Federal government announces further changes to the Canada Emergency Response BenefitInstitute of Corporate Directors Webinar on No-fault Director's Liability
Many of you will be attending the Institute of Corporate Directors‘ very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Neil Baker of Baker v. Director, and Brian Rosenbaum of Aon. The ICD will...
Continue reading the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityEcojustice asks Commissioner to improve contaminated sites law
The farther we move away from the “polluter pay” principle, the greater the disarray in Ontario’s contaminated sites law and policy, and the greater its economic and environmental harm. The Ontario Bar Association is working on a submission to the Law Commission of Ontario, asking them to look into the issue and make recommendations for...
Continue reading the post titled Ecojustice asks Commissioner to improve contaminated sites lawReceive Blog Posts
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