Seizure on consent?
When can ministry investigators seize documents outside the scope of a search warrant? During the execution of a warrant, Ministry of the Environment investigators seized approximately 100 documents that clearly lay outside the scope of the warrant. They showed one set of documents to the company, who consented to the seizure of that particular set...
Continue reading the post titled Seizure on consent?New hope for brain injuries: Pituitary gland testing
At a medical conference I attended a few years ago, I recall one of the guest speakers said the only cure for a brain injury is avoidance. He of course was referring to the school of thought that for the most part, neurons donβt recover after a brain injury. While that may be open to...
Continue reading the post titled New hope for brain injuries: Pituitary gland testingHas the Time Come to Amend Section 2(3)
Is it time to abandon the ninety-day rule? Has the Time Come to Amend Section 2(3) (the βNinety-Day Ruleβ) of the Class Proceedings Act, 1992? Section 2(3) of the Class Proceedings Act, 1992 (CPA) requires that a certification motion be made βwithin ninety days.β1 The timing of the certification motion, the central focus of much...
Continue reading the post titled Has the Time Come to Amend Section 2(3)Matrimonial Home: Should I stay or should I go?
Clients who are going through a separation often ask me whether it is OK to move out of the matrimonial home before all the issues arising out of their separation have been resolved. Sometimes tensions are high and the client believes some physical distance is required in order to keep the peace.Β Sometimes the client...
Continue reading the post titled Matrimonial Home: Should I stay or should I go?Ontario Files Argument in Court Challenge of Federal Carbon Tax Act
On September 14, 2018, the government of Ontario filed a statement of particulars in the constitutional challenge of the federal governmentβs Greenhouse Gas Pollution Pricing Act filed on August 1, 2018. By Order in Council the Province set out the question to be addressed by the court as: βIs the Greenhouse Gas Pollution Pricing Act...
Continue reading the post titled Ontario Files Argument in Court Challenge of Federal Carbon Tax ActBritish Columbia Supreme Court rejects plan of arrangement for barring claims of historical shareholders
Overview In Re iAnthus Capital Holdings, Inc., 2020 BCSC 1442, Justice Gomery of the BCSC rejected a plan of arrangement due to the overly broad scope of release and injunction clauses which were found to bar claims of historical shareholders which preceded the plan. His Honour did not dismiss the petition, but rather provided iAnthus...
Continue reading the post titled British Columbia Supreme Court rejects plan of arrangement for barring claims of historical shareholdersPower of attorney issues:Β compensation for powers of attorney for personal care
Providing care to an elderly or sick family member is a significant and often thankless undertaking. Quite often, it is the attorney for personal care who assumes the caregiving responsibilities. Attorneys for personal care often spend hours cleaning, cooking, and driving their loved ones to and from medical appointments which requires a significant amount of...
Continue reading the post titled Power of attorney issues:Β compensation for powers of attorney for personal careUpcoming, practical changes to Ontarioβs Business Corporations Act
Bill 213, theΒ Better for People, Smarter for Business Act, 2020Β received Royal Assent in December of 2020.Β As a result, some significant amendments to Ontarioβs Business Corporations Act (βOBCAβ) will come into force on July 5th, 2021: 1. Elimination of Directorβs Canadian Residency Requirements Currently, Subsection 118(3) of the OBCA mandates at least 25 percent of...
Continue reading the post titled Upcoming, practical changes to Ontarioβs Business Corporations ActVermont adopts first US GMO food labelling law
Food produced from genetic engineering should be labeled as such
Continue reading the post titled Vermont adopts first US GMO food labelling lawClass actions as clone wars?
Ontario Court rejects notion that class members must be βclones.β Judges on a certification motion do understand that class members are notΒ clonesΒ and even if they wereΒ clones, judges understand that individualΒ clonesΒ may have had different experiences with the defendant. Commonality is not disapproved by finding instances of difference.[1] The Supreme Court of Canada has described the βcommonality...
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