Focus On


  • Call for revamp of carriage motions
    David Wingfield says that carriage motions put prospective class counsel in an awkward position due to the presence of defendants.

    Call for revamp of carriage motions

    Defendants should be completely excluded from carriage motions as part of a broader overhaul to the process for selecting class counsel, according to one of the lawyers on the losing side of the recent bruising battle to prosecute a price manipulation claim against a number of German automakers.

  • How ADR can help with family businesses
    David Lees says that by using an ADR process, it keeps a matter private and allows more creativity than a court process would allow.

    How ADR can help with family businesses

    As baby boomers start retiring, disputes are arising within family businesses as to who will take over once the parents retire.

  • Caution urged when sharing privileged documents
    Maureen Littlejohn says a recent Federal Court of Appeal ruling restores the ‘status quo’ for lawyers involved in structuring commercial transactions.

    Caution urged when sharing privileged documents

    A recent decision of the Federal Court of Appeal appears to have sparked a collective sigh of relief from lawyers involved in structuring commercial transactions.

  • Clarification over document privilege welcome move
    Julie Rosenthal says the requirement for the commissioner to assert privilege on a document-by-document or group-of­documents basis will change the dynamic in Competition Act enforcement proceedings.

    Clarification over document privilege welcome move

    The recent clarification of the powers of the federal Commissioner of Competition to assert privilege over documents is an opportunity for more efficient and fair proceedings in the future, say lawyers who practise in the competition field.

  • Limitations period on sex assault claims clarified
    Gillian Hnatiw says she believes the ruling reflects the will of the legislature when the measures were enacted in 2016.

    Limitations period on sex assault claims clarified

    An ongoing lawsuit against disgraced movie producer Harvey Weinstein has also resulted in one of the only rulings to interpret how amendments that exempted sexual assault claims from limitations periods in Ontario should be applied to defendants not alleged to be the perpetrator.

  • Issue must be ‘novel’ to avoid cost award
    Craig Lockwood says whether an issue is considered sufficiently novel to avoid a costs award is still an area where there is a lot of discretion provided to a judge hearing such a motion.

    Issue must be ‘novel’ to avoid cost award

    The losing side in litigation must show more than a specific issue has not been previously adjudicated to be considered “novel” and avoid a costs award, an Ontario Superior Court judge explained in a recent class action ruling.

  • Driverless vehicles hold privacy concerns
    Geoff Moysa says ‘connected and auto­nomous vehicles will have the capability of collecting a really broad array of data from a variety of sources.’

    Driverless vehicles hold privacy concerns

    Motorists may have a reason to have privacy concerns related to driverless vehicles.

  • Debate on seeking consent around personal information
    Wendy Mee says ‘privacy is becoming more of an important issue.’

    Debate on seeking consent around personal information

    How to seek consent from Canadian users to collect, use and disclose their personal information in the digital age is the subject of ongoing debate.

  • Right to be forgotten under debate
    David Elder says the Personal Information Protection and Electronic Documents Act was not intended to be used by people who want certain references of themselves to disappear from online searches.

    Right to be forgotten under debate

    A recent position paper by the federal privacy commissioner is causing consternation among lawyers.

  • Fate of controversial CASL section unknown
    Shaun Brown says companies and organizations are concerned about a section of Canada’s anti-spam legislation that could leave them vulnerable to a $1-million lawsuit.

    Fate of controversial CASL section unknown

    The fate of a controversial section in Canada’s anti-spam legislation that allowed consumers the right to sue for breaches, before it was put on hold, remains unclear.

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