New@SBA.
You Can’t Hurry Love: LAT refuses to consider interim Order for Benefits
My mama said, "you can't hurry love No, you'll just have to wait" She said, "love don't come easy But it's a game of give and take" You can't hurry love No, you'll just have to wait Just trust in a good time No matter how long it takes Phil...
Court of Appeal finds employee’s “unequivocal” resignation equivocal
In the decision of English v. Manulife Financial Corporation, the Ontario Court of Appeal has weighed in on when a change in circumstances may allow an employee to revoke a seemingly clear resignation. For the purposes of this blog, the facts...
Is a vehicle’s GPS data “Personal Information”? Yes!
A recent decision by the Alberta Privacy Commissioner has confirmed that in some cases, an organization’s requirement for independent contractors to install GPS tracking devices on their vehicles will not violate applicable privacy legislation but...
Whose Jurisdiction is it Anyway?
The Alberta Office of the Information and Privacy Commissioner (“Commissioner”) recently considered whether it had jurisdiction to deal with a privacy complaint. The Complainant alleged that De Beers Canada Inc. collected his passport information...
Not-So Blurred Line
In March, 2015, in recognition of the growing concern about cyber bullying and more particularly, the increasing number of incidents of “revenge porn”, the federal government made it a criminal offence to share intimate images. The recent case...
Can I speak to the Manager?
Ontario courts have been signalling for some time now that a failure to treat pre-trial conferences seriously will have consequences. A recent Superior Court of Justice decision may be read as increasing the standard to which insurers will be held...
Waivers of Subrogation Reach New “Heights”
When I graduated law school, I never expected to practice in an area where waivers of subrogation came up so frequently (or at all). Even today, I’m surprised by the number of times an unattended stovetop can lead to complex coverage issues....
No Reasonable Inference = No Causation
This action arises from a fall that occurred on January 14, 2014 on common property owned by the defendant Strata Plan LMS2286 (the “Strata”). Strata retained the defendant Markic Development & Restoration Ltd (“Markic”) to perform some...
Trip & Fall: Were You A Prudent Pedestrian?
Around 8 a.m. on an October day in 2015, the plaintiff drove to a strip mall that was operated and maintained by the defendant, Value Industries. She parked parallel to a curb outside of a Save on Foods store with the intention of walking up the...
Occupiers’ Liability: Look out for Sk8er boy
The Ontario Court of Appeal recently weighed in on the Occupiers’ Liability Act and the appropriate evidence admissible on a motion for summary judgment motion. In Drummond v. The Cadillac Fairview Corporation Limited, the Plaintiff attended...