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By Karen Tereposky
On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court's finding that certain earnings during the notice period should not be deducted from damages for pay in lieu of notice.
By Catriona Otto-Johnston, Rob Watson
Setting the lien fund can be a complicated and drawn out process. As a subcontractor lienholder, you may find you are standing idly by for payment while the owner and the GC fight amongst themselves.
By Catriona Otto-Johnston, Andrew Wilkinson
Do you know if the nature of your construction work on a project allows you to register a valid builders' lien?
By Catriona Otto-Johnston, Rob Watson
Ever found yourself in a situation where you have provided an estimate for your services, but felt uncertain if you underquoted your client?
By Catriona Otto-Johnston
It's common for the parties to a construction contract to focus on the price of the work to be performed.
By Catriona Otto-Johnston
Multiple Questionings on Affidavits was conducted, and the parties submitted many volumes of materials, including conflicting Affidavit evidence.
By Catriona Otto-Johnston, Anthony Burden
Builders' liens are a great tool for the unpaid contractor, subcontractor and supplier.
By Richard Stobbe
"Patent exhaustion" is something we've reviewed before. To recycle an old line, the term "patent exhaustion" does not refer to the feeling you get when a patent agent talks for 3 hours ...
By Steve Eichler, Jenna Kirk
With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege...
By Tessa Gregson, Leanne Monsma
A fiduciary employee is an employee trusted with a measure of responsibility by their employer.
By Brian Vail, QC
Insurance policies are to be interpreted on how an ordinary person would understand them such that, absent clear policy wording to the contrary, ...
By Richard Stobbe
A trademark can suffer "genericide" when it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous with a product or service.
By Steve Eichler, Austin Ward
On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. and upheld the Alberta Court of Appeal's ruling that an employer can terminate an employee...
By Kelly Nicholson, Melissa Timbres
By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada's Anti-Spam legislation (CASL), "in response to broad-based concerns raised by businesses, charities and the not-for-profit sector."
By Christin Elawny
Bill 17: The Fair and Family-friendly Workplaces Act became law on June 7, 2017, when it received Royal Assent.
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