It is common for employers to have dress codes in their workplace.  Employers should be aware that their ability to set a dress code is restricted by important legal considerations.

An Ontario woman (“KA”) had a recurrent cerebrospinal fluid leak. She received treatment in Ontario, but eventually went to Los Angeles for additional treatment that was not available in Ontario. Over several months KA had surgery, blood patch procedures, various tests and other forms of treatment.  KA was routinely reimbursed by the Ontario Health Insurance Plan (“OHIP”) for her out-of-country treatment.

This blog contains Shari Elliotts opinion on Seller Property Information Statements (SPIS) and their use in real estate transactions.

The principle of comity, which is the deference and respect due by other states to the actions of a state legitimately taken within its territory, underlies the recognition of foreign judgments in Canada. Canadian courts recognize that “full faith and credit” should be given to a judgment granted in another province, territory or country as long as the judgment-making court had properly and appropriately exercised jurisdiction in the action. 

Jurisdiction is proper where the legal forum has a “real and substantial connection” to the matter in question. The “real and substantial connection” test has been adopted as the appropriate test to determine if the courts of another province, territory or country had appropriately exercised its jurisdiction.  

When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this paper, we highlight the range of remedies available in the common law jurisdictions of Canada to protect shareholders and others from abusive corporate actions.

This is the fourth update evision of a paper which was first published on the internet in 2005.    It has been widely read and has been well-received by clients and other lawyers.    We believe that we have been repeatedly quoted by other other lawyers.   Our paper was used in global corporate law texts in Asia and was including in required reading for a business valuators program in Canada.

In the recent case of Webb v.Wawanesa Mutual Insurance Co., 2012 CarswellOnt 10014 (F.S.C.O. (Appeal Decision)) an insurance company successfully appealed a decision of a FSCO arbitrator on the basis that the arbitrator misapplied the causation analysis in finding the use or operation of a motor vehicle directly caused the impairment.

An interesting case involving liability when inadequate insurance coverage is purchased is making its way through the Ontario Courts. This case could have serious repercussions for insurance companies and brokerages that sell liability insurance to sporting associations, tournaments and similar groups and events.

A recent case out of British Columbia demonstrates how narrowly statutory exclusions and exclusions in automobile insurance policies are interpreted by the courts.

An insured who was catastrophically injured in a motor vehicle accident has recently been rewarded numerous benefits, including a benefit for the purchase of marijuana, in N.(T.) v. Personal Insurnace Co. of Canada, 2012 CarswellOnt 10008.

SCJ Decision by Justice Belobaba held that a franchisee who consented to the delivery of an otherwise compliant (agreed by the parties) Disclosure Document by e-mail rather than by registered mail or personal delivery could not rescind the franchise agreement pursuant to Subsection 6(2) of the Wishart Act.  

Justice Belobaba viewed the delivery of the Disclosure Document by e-mail as a minor breach of the Wishart Act following the decision of the OCA in Imvescor.  Howard Manis, David Gray, and Mauro Carabetta of Macdonald Sager Manis LLP acted for the franchisor.

You have just created a wonderful new product that can change the world and earn a significant amount of money.  How can you protect your idea and gain the exclusive rights to sell it?  If you have invented a world-changing product and would like to take steps to prevent others from copying it, you should speak to a patent agent and lawyer who can describe the cost and process of patenting an idea in Canada.

To find a patent agent, lawyer or law firm, click here and select “Intellectual Property Law” as the area of law in which you need help.

As you read through a contract that you are about to sign, you notice a provision that says that you have received independent legal advice (ILA) before signing the contract.  From whom can you receive independent legal advice?  Independent legal advice is legal advice that you receive from a lawyer who does not act for any of the other parties to the contract.  Before signing any agreement, it may be best to hire your own lawyer to review the contract to ensure that your interests are taken into consideration. 

To find a lawyer or law firm to provide you with independent legal advice, click here and select one or more areas of law in which you need help.

Literary, artistic, musical and dramatic works may be covered by copyright laws in Canada.  If you have created such a work or if you are looking to sue or defend against a claim for copyright infringement, a copyright lawyer may be able to help you protect and defend your work.  To find a copyright lawyer or law firm, click here and select “Intellectual Property Law” as the area of law in which you need help.

Trademarks (TM) can be found in all aspects of our lives.  From famous brand names to catchy jingles on the radio, these trademarks have value because their owners have invested time and money in ensuring that the trademark is well-known.  If you are planning to start a business or looking to launch a new product or service, before you select a name or logo, consider speaking with a trademark (TM) lawyer or law firm to determine if you are able to use the name or logo design.

To find trademark (TM) lawyers or law firms, click here and select “Intellectual Property Law” as the area of law in which you need help.

Powers of attorney can give other people the authority to make decisions on your behalf.  Depending on your province, you may need separate powers of attorney for decisions concerning personal care and those concerning financial decisions.  To ensure that you have a properly drafted power of attorney appropriate for your circumstances, it is best to speak to a power of attorney lawyer.

To find a power of attorney lawyer, click here and select “Estate Law” as the area of law in which you need help.

Elder law encompasses many different areas of law focusing specifically on how they affect older Canadians.  There may be estate law, family law, financial planning and capacity-related concerns which may be specific to senior citizens.  To find an elder law lawyer, click here and select “Estate Law” as the area of law in which you need help.

A will is a legal document that expresses a person’s wishes as to how and to whom he or she would like his or her property and assets distributed after passing away.  Although a lawyer isn’t required to draft a will, to ensure that your wishes are respected after passing away, it may be best to have a lawyer prepare your will since a lawyer may be more familiar with the formalities and what is required.

To find a wills lawyer or law firm, click here and select “Estate Law” as the area of law in which you need help.

A Henson trust is a particular type of trust which gives the trustee absolute discretion over the trust’s assets.  This form of trust can be useful in passing on an inheritance to people with poor financial management skills or to those with disabilities seeking to continue to collect government benefits.  If you are looking to pass on assets to a person with disabilities or a person who is otherwise unable to manage their own finances, you may want to speak with a lawyer to determine whether a Henson trust is appropriate.  To find a Henson trust lawyer, click here and select “Estate Law” as the area of law in which you need help.

End-of-life care and decision-making can be a difficult experience for family and loved ones when it comes time to determining what types of medical treatment an incapacitated loved one would have wanted.  Should all efforts be taken to keep them alive or would they prefer to be made comfortable and be allowed to die? 

To determine the answer to these questions yourself instead of relying on your family and loved ones’ choices, you may consider creating a living will (aka an advance health directive drafted) and discussing your wishes with your family and loved ones.  To find a living will lawyer or law firm, click here and select “Estate Law” as the area of law in which you need help.</