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Published on: 15 Apr 2020 By (She/Her)

Guide to automobile accident benefit forms

Statutory Accident Benefits (“accident benefits”) are available to those who are injured as a result of the “use or operation of a motor vehicle”. This includes passengers, drivers, cyclists, or those who are injured by motor vehicles as pedestrians. Accident benefits are available regardless of fault and are therefore often referred to as “no-fault” benefits. ...

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Published on: 20 Apr 2020 By

COVID-19: Providing virtual patient care during a pandemic

We have all been mandated to engage in social distancing and self isolation in order to prevent the further spread of Covid-19, and this includes physicians and other health care providers. The Chief Medical Officer of Health has ordered that all non-essential and elective services provided by regulated health professionals be reduced to minimal levels. This...

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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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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: 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: 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: 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: 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: 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: 20 Sep 2012 By

Suing an Employer for Work Injuries: Lawsuits Vs. Workers’ Compensation

Ontario’s workers’ compensation legislation exists to provide workers with benefits if they are hurt during the course of their employment.  The scheme is meant to efficiently and quickly replace the remedy a worker could receive from a lawsuit.  Workers are entitled to workers’ compensation benefits regardless of how they are hurt or who caused the...

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