In today’s day and age, data breaches are common. Digital extortionists will use sophisticated techniques to obtain confidential and private information of millions of individuals from well-known platforms like Yahoo and Shopify. If you are a victim of such an attack, the question becomes: what damages are you entitled to? Unfortunately, a recent decision by …
Recent Developments in Ontario Employment Law
On August 20, 2021 the Medical Officer of Health for Toronto issued a “strong recommendation” that every local business implements a COVID-19 vaccination policy. The City of Toronto has also provided guidance on the key components of such a policy. On August 24, 2021, O. Reg 364/20, Rules for Areas at Step 3 and at …
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Consumer Privacy Protection – What It Means for Cross-Border Businesses
As a cross border firm, we are legally “bilingual”. Meaning, we translate and interpret the requirements of U.S., Canadian, EU and other international privacy requirements into a comprehensible format for our clients. For example, from the Canadian perspective, we focus on “personal information”, from the EU perspective, the focus is on “personal data”, and both …
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Everybody Is Jumping on the Privacy Update Bandwagon: Alberta Consulting on Critical Updates to its Privacy Laws
The province of Alberta has joined the Canadian Federal Government and a number of the other Canadian provinces, proposing to update its privacy laws. Currently, Alberta’s legal privacy framework includes the Personal Information Protection Act (PIPA) and the Freedom of Information and Protection of Privacy Act (FOIP). These laws govern the collection, use, and disclosure …
Ontario Updates Director Residency Requirements
As of July 5, 2021, corporations incorporated under Ontario’s Business Corporations Act will no longer be required to have at least 25% of directors be resident Canadians. Effective July 5, 2021, subsection 118(3) of Ontario’s Business Corporations Act (“OBCA”) will be repealed, with the effect that corporations incorporated under, or continued into Ontario under the …
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Brace Yourself – Quebec’s Bill 96 Proposes Substantial Changes to French Language Laws
What happened? The Quebec Government made waves when they tabled Bill 96 – An Act respecting French, the official and common language of Quebec, on May 13, 2021. The bill amends the province’s Charter of the French Language by instituting some broad and significant changes to Quebec’s language laws. Once passed, Bill 96 would affirm …
A Reminder to Purchasers of the True Cost of Not Closing – It’s not “Just the Deposit”
In Prowse v. Noroozi 2021 ONSC 3099 (CanLII), Justice McCarthy of the Superior Court of Justice recently granted summary judgment for $806,380.59 against a purchaser of a luxury home in King City (the “Property”) in an aborted real estate transaction. The facts in Prowse v. Noroozi are not uncommon. The sellers listed the Property on …
Discoverability and Fraudulent Misrepresentation
The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O. 2002, c. 24 (the “Act”) concerning claims for fraudulent misrepresentation. Overview The defendant, BP PLC (“BP”), is …
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Good Faith and Fair Dealing in Canadian Employment Law
Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s dismissal, towards a duty of good faith and fair dealing in the overall employment relationship. In …
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Release of the Federal Budget, 2021
On Monday, April 19, 2021, Canada’s Deputy Prime Minister and Minister of Finance, Chrystia Freeland, released the first official budget in the past two years, titled, Federal Budget 2021: A Recovery Plan for Jobs, Growth, and Resilience (the “Budget”). The Budget proposed over $100 billion in spending, and, among the more significant measures, the Budget proposes extending …