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Published on: 23 Jul 2014 By

Unions utilizing creative organizing strategies in the service sector

Employers should take note – Unions are using ever more creative means to engage potential members, especially in sectors with low rates of unionization. For example, the United Steelworkers are helping temporary foreign workers employed by a Tim Horton’s franchise in British Columbia in their application to the Human Rights Tribunal. The employees claim that their...

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Published on: 7 Jan 2014 By

Predatory Marriage: A Modern Day Marriage Trap

Predatory marriages are a developing phenomenon in Ontario. Predatory spouses take advantage of elderly victims and assume control of their financial affairs. This can have severe consequences for the victim and their family. Recently Canadian courts have taken a stricter stance on what sort of capacity is required for marriage. In this article, Dagmara Wozniak...

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Published on: 1 Nov 2010 By (Dianne Saxe)

Open for Business- new rules for approvals

Bill 68, the Open for Business Act, has received Royal Assent. Schedule 7 of the Act makes major changes to a range of Ministry  of the Environment statutes. Most will be phased in over time. For example, the Environmental Protection Act has received major amendments. A new Permit by Rule approval system should eventually slash delays in...

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Published on: 7 Dec 2010 By (She/Her) ,

The Rise And Fall Of Chadha v Bayer

Introduction Although numerous price-fixing conspiracy class actions have been commenced in Canada, only a relatively small number have proceeded to a contested certification motion.  For those that have proceeded to a contested certification, one of the main challenges for plaintiffs has been overcoming the high evidentiary threshold established primarily by the Ontario Court of Appeal...

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Published on: 22 Sep 2014 By

A Missed Opportunity: The Supreme Court Declines Leave to Appeal in Wakelam v. Wyeth Consumer Healthcare

The Supreme Court has declined leave to appeal in Wakelam v. Wyeth Consumer Healthcare. The decision means that the far-reaching findings of the British Columbia Court of Appeal in the areas of consumer protection, competition and restitution law, are permitted to stand. It also means that a conflict among several appellate decisions, concerning the availability...

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Published on: 27 Feb 2013 By

Think before you text!

It is increasingly common in family law litigation for text messages to be introduced as evidence. This can happen when two parties have had a relationship breakdown and the conversations have taken a negative tone. In this article Nadine Russell takes a look at the recent Ontario Superior Court decision Menchella v Menchella and how angry...

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Published on: 5 Feb 2014 By

A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco Problem

On February 3, 2014, the Ontario Court of Appeal released its decision Green v Canadian Imperial Bank of Commerce. This decision set aside the Court’s previous interpretation of the leave process under Part XXIII.1 of the Ontario Securities Act with respect to the limitation period. In doing so, the Court has brought rationality back to the...

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Published on: 2 Jul 2014 By

Basic’s Alive – The Judicial Oak Weathers the Storm

For over 20 years, securities class actions in the U.S. have relied on the ‘fraud-on-the-market’ theory of reliance for investors. This was established by the 1988 case Basic Inc v Levinson. Recently some have question this theory. Earlier this week the Supreme Court released its decision in Halliburton co v Erica P John Fund. This...

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Published on: 8 Feb 2019 By

Coffee giant, franchisee group close to settling two class action lawsuits

Franchise lawyer Peter Dillon recently spoke with Advocate Daily about a Canadian coffee giant and frustrated franchisees that appear to be close to reaching a settlement in two class action lawsuits. See the full article below. Coffee giant, franchisee group close to settling two class action lawsuits A Canadian coffee giant and an association representing...

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