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Published on: 26 Apr 2022 By

Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court

In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse.   The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Divisional Court seeks to avoid...

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Published on: 6 Dec 2021 By

Upheld: plaintiffs win common issues trial after 24 years of institutional abuse

In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common issues trial decision, Cavanaugh offers...

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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: 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: 15 Jan 2021 By

How to trim eDiscovery costs part five: Archive unnecessary data from your workspace

In my previous blog posts How to trim eDiscovery costs part one: laying the groundwork, How to trim eDiscovery costs part two: review fewer documents and review efficiently; How to trim eDiscovery costs part three: leverage technology by adding tools and apps to your review and How to trim eDiscovery costs part four: set your review...

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Published on: 6 Jan 2021 By

The SEC crackdown on crypto-securities: SEC v. Ripple

It’s a busy new year for lawyers representing Ripple Labs Inc. (“Ripple”), as they prepare to face off with American regulators in the “Cryptocurrency Trial of the Century”. On December 22, 2020, the U.S. Securities and Exchange Commission launched an action against Ripple Labs Inc. and two of its executives alleging the violation of federal...

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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: 23 Jul 2020 By

The SCC’s decision in Uber signals modernization of Canadian workers’ rights

On June 26, 2020 the Supreme Court of Canada released its decision in Uber Technologies Inc. v. Heller 2020 SCC 16. In an eight-one majority, the SCC held that the plaintiff Uber driver could proceed with his class action against Uber, despite the mandatory arbitration clause contained in a standard form contract he had signed...

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