Cameron MacDonald By Julius Melnitzer | November 30, 2022 The $6.04 billion in total wagers recorded by iGaming Ontario in its second quarter of operations has been disappointing to some. Still, others say the online market’s potential has yet to materialize. “Some players say these numbers are short of expectations, but we won’t have a […]
Michael Castro says it’s impossible to be totally secure against cyberattacks By Julius Melnitzer | November 28, 2022 Cybersecurity, it turns out, is passé. According to the World Economic Forum, cyber resilience is the new standard. What’s the difference? Cybersecurity is all about foundational security controls. Cyber resilience – which the WEF calls “the defining […]
BTI may help courts decide whether directors properly considered creditors, Preet Gill says. By Julius Melnitzer | November 19, 2022 Although the landmark decision of The Supreme Court of the United Kingdom in BTI 2014 LLC v. Sequana SA appears to fly in the face of Canadian law, directors may still feel its impact on the exercise […]
Some independent evidence is needed to support Moore v. Sweet claims, says Nick Esterbauer By Julius Melnitzer | November 18, 2022 Parties alleging that a change of beneficiaries was unlawful must prove the existence of a clear agreement to maintain their beneficiary status without change, the Ontario Court of Appeal has ruled. In Fair v. BMO […]
Douglas Judson says courthouse libraries are “mission critical” to lawyers in remote areas. By Julius Melnitzer | November 17, 2022 The Federation of Ontario Law Associations, which penned an open letter to benchers seeking support for courthouse law libraries in the current budget, has achieved its goal. In early November, Convocation passed the 2023 budget, which included […]
By Julius Melnitzer | November 15, 2022 The Saskatchewan Court of King’s Bench has held the Saskatchewan Indian Gaming Authority liable for more than $1.2 million in long-term disability benefits owed to a former employee whose benefits were cut off when he was fired and became permanently disabled during the notice period. “This case illustrates […]
Gary Boyd says circumstances can’t change the plain meaning of a contract By Julius Melnitzer | October 31, 2022 In siding with two law firms’ interpretation of a retainer agreement, the Ontario Court of Appeal has confirmed lawyers’ duty to communicate the agreement’s terms to their clients clearly. “If there is any ambiguity in a […]
Wayne Cunningham says Rubara goes beyond existing scientific consensus By Julius Melnitzer | October 28, 2022 The Ontario Court of Appeal has overturned a six-year-old aggravated sexual assault conviction of a man who did not disclose his HIV-positive status to a sexual partner of three months’ standing. The decision in R. v. Rubara expands on the court’s […]
Gavin MacKenzie says a penalty for ungovernability other than revocation is hard to justify By Julius Melnitzer | October 24, 2022 In a rare finding, the Law Society Tribunal has revoked the license of Hamilton lawyer Gerald Culliton on the ground that he was “ungovernable.” “Often, ungovernable lawyers are found guilty of other serious professional […]
Alf Kwinter says it’s unusual to see damages awarded in commercial cases. By Julius Melnitzer | October 22,2022 In a judgment that augurs well for the award of punitive damages in commercial cases, the Ontario Court of Appeal has upheld a $25,000 award in a case involving a landlord’s illegal conversion of abandoned chattels subject […]