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Fasken | Canada | 26 Feb 2020

Employees' right to sue for constructive dismissal

Employees should be treated with Dignity and respect. Accordingly, employers risk breaching an employment contract by condoning harassment in the


McMillan LLP | Canada | 20 Feb 2020

An Unsigned Certificate Remains a Fatal Franchise Disclosure Document Flaw in a Post-Raibex World

The recent Ontario Superior Court decision in 2483038 Ontario Inc. v. 2082100 Ontario Inc. (“Fit for Life”) confirms that an unsigned certificate


McMillan LLP | Canada | 13 Feb 2020

Trademark (not) Assigned

The recent Ontario Superior Court decision in Bridging Income Fund provides a good reminder that an executed assignment document is not necessarily


Littler LLP | Canada | 13 Feb 2020

Ontario, Canada: New “False Light” Privacy Tort and How It Might Impact Employers

Yenovkian v. Gulian, 2019 ONSC 7279 is a recent Family Law decision that is significant beyond the Family Law context, including in the employment


Aird & Berlis LLP | Aird & McBurney LP | Canada | 13 Feb 2020

Ontario Court Revisits Issue of Landlord Drawing on a Letter of Credit in Excess of BIA Preferred Claim

In 7636156 Canada Inc. v. OMERS Realty Corporation (“7636156 v. OMERS”), the Ontario Superior Court of Justice (Commercial List) (the “Court”) held


Borden Ladner Gervais LLP | Canada | 6 Feb 2020

The Parameters of Pre-Certification Document Discovery Cannot be Circumvented through an Improper Request to Inspect Documents

Ontario’s class actions law requires that the focus of criteria for certification involve documentary and oral discovery pre-certification. The onus


McCarthy Tétrault LLP | Russia, Canada | 5 Feb 2020

A Divided Court: ONSC Sets Stage for Ruling on Admissibility of New Expert Evidence on Appeals from UNCITRAL Arbitrations

While useful in its affirmation that an expert’s repeated use by affiliated parties and the expert’s ascension to becoming the “go to guy” is not


Sotos LLP | Canada | 3 Feb 2020

Raibex Revisited: A deficient certificate is still a fatal flaw, new law on “franchisor’s associates”

The Ontario Superior Court of Justice has just released its latest decision concerning statutory rescission pursuant Section 6(2) of the Wishart Act


Borden Ladner Gervais LLP | Canada | 29 Jan 2020

The clearer the better: Waiver’s unclear indemnity is not enforceable

In McCallum v. Jackson, 2019 ONSC 7077 the Court considered the issue of whether the language of an indemnity provision in a waiver was clear enough


Borden Ladner Gervais LLP | Canada | 29 Jan 2020

The clearer the better: Child's waiver does not bar parent's suit

In Paksa v. Ontario Gymnastics, 2019 ONSC 7019 (Paksa), a summary judgment motion brought by the defendant, the Court considered whether a waiver

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