ArticleRolling Limitation Period Applied To Breach Of Covenant In LeaseWhen Does the Limitation Period Run in the Context of a Continuing Breach?CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleSubmitting A Fake Judgment: Not A Good Litigation StrategyDid the plaintiffs in "D’Souza v Linton", 2013 ONSC 70, think Justice Penny just wouldn’t notice? CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleSummary Judgment Motion To Be Struck ‘Only In The Clearest Of Cases’So said Justice Goldstein in "Stever v Rainbow International Carpet Dyeing & Cleaning Co", 2013 ONSC 241. CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleSuperior Court Holds Class Proceeding Is Not The Preferable Procedure For Common Law Secondary Market Misrepresentation ClaimJustice Perell has refused to certify the action as a class proceeding on the basis of a common law misrepresentation claim.CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleSupreme Court Of Canada Clarifies The Test For A Mandatory Interlocutory InjunctionThe Court began its analysis of the proper test for a mandatory injunction by noting that the framework established in RJR-MacDonald is a general framework, that admits of exceptions. Accordingly, rather than the 'serious issue to be tried" test ...CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleTwo interesting Decisions From Oz On Vicarious LiabilityThe first arose from that favourite Australian pastime, drinking: Day v The Ocean Beach Shell Harbour Pty Ltd, [2013] NSWCA 250. Julia Day was deemed by a security guard at the Ocean Beach Hotel to be intoxicated. CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleVoluntary Disclosure To Securities Commission Constitutes Waiver Of PrivilegeThe Court reiterated that disclosing litigation privileged documents to a securities commission pursuant to compelled disclosure requirements does not constitute waiver of privilege...CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleWhat-Employers-Will-Face-As-Economy-ReopensThe Ontario Court of Appeal in Rivers v. Waterloo Regional Police Services Board has upheld the Superior Court of Justice's determination that it was without jurisdiction to hear a proposed class...CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleWhy You Should Give A Hoot About Sloppiness In Litigation PracticeYour client could be subject to a costs order, that’s why – as was the case in Monaco v 1195053 Ontario Ltd, 2012 ONSC 6477. CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleGambling Laws And Regulations - Canada ChapterThe ICLG - Gambling Laws and Regulations - Canada Chapter covers common issues in gambling laws and regulations – including relevant authorities and legislation, application for a licence...CanadaMedia, Telecoms, IT, EntertainmentBorden Ladner Gervais LLP
ArticleMarketing Your Business In Canada: Understanding The Laws And Risks InvolvedFor business leaders and entrepreneurs, marketing is a powerful tool to build brand awareness, engage customers, increase sales and reach growth objectives.CanadaMedia, Telecoms, IT, EntertainmentBorden Ladner Gervais LLP
ArticlePhotos: Retweeting vs. Other UseBLG’s Advertising, Marketing and Sponsorship Group recently held a Continuing Legal Education session titled "Marketing Law News Flashes: Recent Updates and Reminders". CanadaMedia, Telecoms, IT, EntertainmentBorden Ladner Gervais LLP
Article#DPD14: Data Privacy DayTuesday, January 28, 2014 will be Data Privacy Day. CanadaPrivacyBorden Ladner Gervais LLP
Article2 Pitfalls With Showing The MoneyUsing images of Canadian bills in promotional materials, or publishing "fake" bills, for an upcoming fundraiser may seem like a creative idea.CanadaPrivacyBorden Ladner Gervais LLP
ArticleCountdown To Canada’s Anti-Spam Law: Will You Be Ready To Comply By July 1, 2014?It’s official. Most of the provisions of Canada’s new anti-spam legislation ("CASL") will come into force on July 1, 2014. Organizations will need to take immediate action to make sure that their communications practices comply with CASL. CanadaPrivacyBorden Ladner Gervais LLP
ArticleGoogle Now Has An Online Form For A Request To Be RemovedIn an earlier post we discussed a decision of the European Court of Justice ruling that Google must provide users with a right to delete links about them.CanadaPrivacyBorden Ladner Gervais LLP
ArticleManaging Privacy In A Connected WorldData Protection and privacy issues are leading concerns for business leaders. Privacy breaches and cybersecurity incidents...CanadaPrivacyBorden Ladner Gervais LLP
ArticleManitoba Enacts Private Sector Privacy LegislationOn September 13 Manitoba’s new Personal Information Protection and Identity Theft Prevention Act SM2013, C.17 received royal assent. CanadaPrivacyBorden Ladner Gervais LLP
ArticleMore Guidance From Canada’s Privacy CommissionersCanadian privacy commissioners have published detailed guidance documents regarding the contractual and technological measures that should be used by public bodies and private sector organizations to protect personal information.CanadaPrivacyBorden Ladner Gervais LLP
ArticleMore On The Internet Of Things – Connected CarsLast month, the BC Freedom of Information and Privacy Association (FIPA) released a report examining the complex telematics systems found in modern cars.CanadaPrivacyBorden Ladner Gervais LLP