Stirrett v Cheema et al: Ontario Court Explores Fiduciary Duty in Research-Participant Relationship October 22, 2018 Nida Sohani A recent decision from the Ontario Superior Court of Justice examines when a researcher-participant relationship in the context of human studies will give rise to fiduciary obligations. In Stirrett v Cheema et al, 2018 ONSC 2595, a plaintiff successfully recovered damages from a defendant physician on the basis that the doctor breached his fiduciary duty to the plaintiff’s deceased spouse who was a participant in the doctor’s study.
What’s Working for You? Competitive Dialogue Process by University Health Network October 22, 2018 Juli Smyth and Debby Shapero Propp Juli Smyth and Debby Shapero Propp share their experience with the Competitive Dialogue methodology for project procurement.
Text Messages, Conspiracy and Murder: R v SB1, 2018 ONCA 807 October 18, 2018 Brock Jones, assistant Crown attorney An exploration of a case that serves as a helpful reminder of both the value of digital evidence and how to interpret it, but also how the law of post-offence conduct continues to evolve alongside the technologies that seem to dominate the lives of young people.
BC Supreme Court Rectifies Excessive Capital Dividend Election October 18, 2018 Seth Lim, PwC Law LLP The courts continue to delineate the scope and operation of rectification following the Supreme Court of Canada’s decision in Canada (Attorney General) v. Fairmont Hotels Inc., which significantly curtailed the availability of the remedy. This article discusses a recent British Columbia Supreme Court decision in which the Court granted an order to rectify a directors’ resolution declaring a capital dividend, the amount of which had been erroneously inflated.
CVCA Report Identifies Key Trends in Venture Capital and Private Equity Investment in Canada October 18, 2018 Aaron Bains and Meredith McCann A discussion of the Canadian Venture Capital and Private Equity Association's H1 2018 VC & PE Canadian Market Overview, including year-to-date trends in venture capital and private equity investment in Canada.
What’s Old is New Again – Interest Rate Decision in Ontario October 18, 2018 Jonathan Fleisher and Amanda Scolieri A case summary exploring the Ontario Court of Appeal's position on Section 4 of the Interest Act, specifically pertaining to interest payable by borrowers, in its recently released decision Solar Power Network Inc. v. ClearFlow Energy.
How to Print Without Shame October 18, 2018 Pulat Yunusov There is still room for printing in today's paperless office (and it's not just for paper-only audiences like courts).
New and Exciting Opportunities – and Claims Risks: Marijuana Law October 18, 2018 Ian Hu, counsel, claims prevention & practicePRO, LAWPRO Changes to marijuana laws present lawyers with new opportunities, but their best practices remain the same: don't dabble, comply with the rules of professional conduct, investigate sufficiently, and protect clients' confidentiality.
Blaney's Appeals: Ontario Court of Appeal Summaries (October 8 – 12, 2018) October 15, 2018 John Polyzogopoulos Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In Shah v LG Chem Ltd, the Court of Appeal certified a class action for claims of conspiracy at common law and conspiracy to price fix under the Competition Act, in relation to lithium-ion batteries. The Court determined that the concept of “indeterminate liability” in negligence law should not be imported into the analysis of common conspiracy or Competition Act claims.
A Case Comment: Janicek v Janicek October 12, 2018 Melissa Grover, Arkin Estate Law An analysis of the recent Ontario Court of Appeal decision in Janicek v. Janicek, 2018 ONCA 679, with respect to the interpretation of terms of a Will pertaining to the division and sale of a family farm.