…search). The obligation is on the searcher to review the similar registrations to make this determination. Whether a registry filing and search program is reasonable in the sense that its…
…in operating scrubs flipped open the first page of the exam booklet (far ahead of everyone else in the exam room). No one at law school ever asked me what…
…It is always a judgment call to determine how much documentary discovery to obtain before commencing examinations which can themselves be a rich source of information on the existence of…
For a PDF version of this article, click here. Introduction Governments, the private sector, the media, and academicians have defined electronic commerce (“e-commerce”) in a variety ways. Narrowly defined, e-commerce…
…police, without obtaining a search warrant in advance, examined the contents of the laptop and the two discs and created a mirror image of the laptop’s hard drive. The teacher…
…commented on it. Before examining these few rare cases, it is helpful, in my view, to first examine the nature and scope of the duty to mitigate in wrongful dismissal…
…author wishes to thank Herb Silber for his helpful comments and Joshua Sadovnick for his research assistance. Print version available here. Related blog posts: Temporary Layoff: A Comparative Review of…
…2929 (S.C.) exemplifies the application of the Tataryn principles to common-law spouses to similar effect. The court fashioned a remedy comparable to what Esson J.A. would have awarded in Glanville….
…a mortgage held by him upon the assets of the company, obtained a final order for foreclosure and, having obtained title to such assets, sold the same at a large…
…the plaintiff had not asserted a valid claim for an interest in land. At best, the plaintiff was a shareholder of a company that was a shareholder of another company…
…the developer got nothing in return. These purchasers lived in these units, free of charge and essentially on the developer’s dime, for nearly 3 years, without any consequence. The developer…
…potential common law obligation for severance you, as a buyer, may be assuming. For example, if you continued the employment of a long-term employee in her mid or late 50’s…
…and Ontario. In the first part of the article, we will examine the statutory regime governing temporary layoffs in all three provinces by examining the varying definitions of “temporary layoffs”…
Download as PDF On February 19, 2021, the Supreme Court of the United Kingdom unanimously decided that Uber drivers are “workers” for the purpose of UK employment law. This follows…
…be expensive, particularly if a trust company is involved. Privacy. While appointing a key family friend or a trust company can avoid conflicts, it also opens up the family’s finances…
…calling for submissions from the profession. Common criticism of Top Line was summarized on page 4 of the consultation paper as follows: The most commonly-heard complaint about the reasoning in…
…Registry (S.C.B.C.).)), the petitioners filed a complaint with the BC Human Rights Commission (the “Commission”) against CB Richard Ellis Ltd. operating as CB Richard Ellis Property Management Services (“CBRE”), David…
…or indirectly owned by another company that is also incorporated federally or provincially within Canada, but at least 3% of that company’s voting shares or value of equity are directly…
…in purchasing real estate in Canada should be aware of the upcoming Prohibition on the Purchase of Residential Property by Non-Canadians Act (the “Act”), which will come into force on…
…the injustice inherent in the common law of matrimonial property”: BNSF Railway Company v. Teck Metals Ltd., 2016 BCCA 350, at para 26. Constructive trust scenarios have also evolved to…
Our client is the developer of a large luxury mixed-use building located in Vancouver. For the past number of years it has been a defendant in a complex multi-party construction…
…dangerous offender designations to complex civil fraud. While out on his own Nils continued to represent the Crown as an agent in both complex tax prosecutions and the defense of…
Workplace use of spyware surveillance in BC The issue of employees’ misusing company computers is commonplace. In 2000, Xerox was monitoring all of its 92,000 employees’ computer usage and terminated…
…obtain orders from the Court to ensure compliance. A CRA Auditor cannot however force a taxpayer to answer questions. In an audit of Cameco Corp., the CRA asked that Cameco…
…the capture of countless fugitives, sometimes even decades after crimes had been committed. Once a Red Notice has been issued, it can be a difficult, time-consuming and expensive process to…
…1399 at 1425, online at http://www.weil.com/files/Publication/9389a586-7d86-41df-afe2- fae3dc511661/Presentation/PublicationAttachment/ce013f5b-a292-4ebc-9432-c045b49512e2/VeaseyArticle1.pdf)) Introduction It is in the interests of society to foster a business environment in which corporations can achieve their primary objectives of raising…
…not be adversely affected. Otherwise competitors will quickly see an opportunity to disrupt relationships. The boilerplate explanation in standard private company amalgamation agreements is a good example: “For tax and…
…category. Chambers Canada 2021 is the sixth edition of the guide, which identifies leading lawyers across the country. The selection is based on extensive research that was conducted by a…
…parties to derivatives investments. Nowhere is this better demonstrated than in the enforcement of rights under credit default swaps. By 2008, outstanding credit default swap contracts had a combined market…
…2003, c.63, restricts the collection, use and disclosure of personal information by private companies. Violating this act can bring the employer before the Information and Privacy Commissioner with potential liability…