OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders
Craig Lockwood says the trilogy did not diminish privacy interests By Julius Melnitzer | December 19, 2022 The lawyer for one of the plaintiffs involved in the Ontario Court of Appeal’s recent refusal to expand the tort of intrusion upon seclusion to defendants who fail to adequately protect personal information collected and stored for commercial purposes […]
Canada’s legal tuition fees among highest in the world
Chris Bentley says tuition fees are hardly the only costs law students face in getting their training By Julius Melnitzer | December 12, 2022 Canada is the third costliest country in the world to train as a lawyer, according to an analysis of university tuition and administrative fees in 50 countries conducted by The Mobile Bank […]
Estate freeze strategies come with many potential pitfalls
David Rotfleisch says estate freezes come with pitfalls if not properly executed. By Julius Melniter | December 11, 2022 The ubiquity of estate freezes, which have long been among the flavours of the day in personal tax planning, can mask their complexity. “Estate freezes are the most basic tax planning technique for entrepreneurs and even non-entrepreneurs, […]
Employer’s prior conduct prohibits pension plan amendments, despite collective agreement terms: Ontario court
A recent Ontario Divisional Court ruling serves as a caution that employers’ prior conduct may prohibit them from amending pension plans even when the collective agreement clearly allows them to do so. “The takeaway from the decision is that employers’ discretion to amend plans will always be subject to labour law principles in cases that […]
Lawyers may ask courts to invalidate their retainer agreements: Ontario Court of Appeal
Gavin MacKenzie says the decision will not lead to lawyers bringing a “flood of applications.” By Julius Melnitzer | December 5, 2022 In a case of first impression, the Ontario Court of Appeal has been asked to strike a written retainer agreement because it was not “fair and reasonable” to the lawyer. But the court declined to […]
Veteran litigator calls for Ontario to reinstitute KC designation
John Campion says that the late AG, Ian Scott, abolished QCs but kept his grandfathered QC when he returned to practice. By Julius Melnitzer | December 2, 2022 A veteran litigator’s call for Ontario to reinstitute the King’s Counsel designation appears to be gaining significant professional support. John Campion, currently a partner at Toronto’s Gardiner […]
iGaming in Ontario off to a slow start, but lawyers say growth potential is significant
Cameron MacDonald By Julius Melnitzer | December 1, 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 […]
Cyber resilience, not just cybersecurity, is the key to managing cyberattacks
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 […]
UK decision may influence Canadian directors’ fiduciary duty regarding creditors
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 […]
Independent evidence required to support unjust enrichment claim based on change of beneficiary: OCA
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 […]