New@SBA.
The Threshold: Nothing Much Has Changed
ONSC: In a threshold motion, the evidence of family members should never be ignored; a clean pre-accident health matters; the ability to work may be irrelevant on a threshold motion; and a court will want to help a likeable and credible plaintiff.
The Altima-te Price For A Privacy Breach
The Superior Court’s decision in Grossman v. Nissan is yet another example of a data breach involving the theft of personal information resulting in a class action.
The Latest Word on Prejudgment Interest
The Court of Appeal has held that the trial judge should have taken into account changes in market interest rates when exercising his discretion to award prejudgment interest of 5%.Judgment varied to prejudgment interest at 1.3%.
Another Privacy Class Action Settlement
Do plaintiffs have to sue in federal court for PIPEDA violations? Maybe not anymore!
Burden of Proof vs. Fraud: Back to Basics
The Court of Appeal has overturned a summary judgment decision in a coverage case, finding the judge reversed the burden of proof and failed to recognize that a trial is required in cases of potential fraud, where credibility is in issue.
Carriage Fights in Privacy Class Actions
Privacy breaches often result in a multiplicity of class actions, across a multiplicity of jurisdictions in Canada, both at the national and the provincial level. How do courts decide which law firm(s) should be granted carriage of the claim?…
Occupiers, Don’t Turn a Blind Eye to Your Tradesperson!
In February 2015, the plaintiff, a 66-year old contractor, fell from a ladder while working at premises leased by the defendant corporation, Crème. The fall resulted in him suffering catastrophic injures and requiring round-the-clock care at a care...
Don’t Spoil Your Subrogation Claim!
Disposing of evidence can be fatal to a subrogation claim. Not because of spoliation but because it may be impossible to prove liability without an expert assessment of the failed item….
Where there’s smoke (detectors), there’s cameras?
A recent motion decision from the Ontario Superior Court of Justice highlights the importance of having clear internal communications about privacy policies. Perhaps equally important, the decision should make organizations uneasy about how they...
Resignations: Will I stay or will I go?
When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after...
Privacy Breach Responses: A different kind of CPR
Hands-on experience is critical training for medical professionals. For instance, an emergency room doctor involving a resident in direct patient care is imperative for young medical professionals to develop their skills. However, from a legal...
That’s a LOT of (cookie) dough!
The Federal Trade Commission (FTC) and New York Attorney General announced today that YouTube and Google will pay a record setting $170 million dollars to settle allegations of violating the Children’s Online Privacy Protection Act (COPPA) Rules....