Publications for 2011
Recent News & Articles
Managing Workplace Violence and Harassment: An Employer’s Responsibility under Bill 168 - Karin Pagé
December 19, 2011
PDF DOWNLOAD Bill 168 resulted in significant amendments to the Occupational Health and Safety Act (OHSA) which became effective June 15, 2010. The changes to the OHSA require employers to take ...
Caveat Realtor: Negligent Seller Statement Results in Real Estate Agent Liability - Daniel A. Taylor
December 08, 2011
PDF DOWNLOAD In Krawchuk v. Scherbak et al.[2011 ONCA 352], the Ontario Court of Appeal determined that a real estate agent was equally at fault with the sellers for the damages suffered by a ...
Laneways and Municipal Liability – Michael T. Brown
November 28, 2011
PDF DOWNLOAD The Ottawa-area saw its first major snowfall of Winter 2012 during the late evening of November 22, 2011. Newspaper articles covering the weather event over the next couple of ...
Defamation on the Internet/The Anonymous Defamer - Keith A. MacLaren and Owen Bourns
November 17, 2011
PDF DOWNLOAD The Internet has rapidly become the medium of choice for communication. The ability to communicate instantly without any limits on content and with the option of remaining anonymous ...
The Application of HST to Used Residential Real Estate - Martin St-Onge
November 09, 2011
PDF DOWNLOAD It is often assumed that the Harmonized Sales Tax (HST), which in Ontario is currently 13% does not apply to the sale of a used residential property. In some cases the rules ...
Un hyperlien n’est pas une forme de « diffusion » selon la Cour suprême du Canada (in French only) - Joël M. Dubois
November 02, 2011
PDF DOWNLOAD L’évolution des technologies de communication comme Internet a pour effet de forcer les tribunaux à définir (et redéfinir) les limites de ce qui ...
Employer’s increased reporting requirements re Occupational Health and Safety Act - Margaret R. Truesdale
October 20, 2011
PDF DOWNLOAD A Divisional Court decision in April of 2011 has raised questions about an employer’s responsibility to report to the Ministry of Labour when a guest, customer or visitor ...
Who is an Accredited Investor? What the Corporation should know - David J. Lowdon
September 30, 2011
PDF DOWNLOAD The Ontario Securities Commission (the “OSC”) recently published Staff Notice 33-735 “Sale of Exempt Securities to Non-Accredited Investors” (the ...
.XXX Domain Names - Paul W. Donovan
September 09, 2011
The Internet Corporation for Assigned Names and Numbers (“ICANN”) has approved a new top-level domain “.xxx”. Dot-xxx domain names are designed for use in ...
So I have a patent, now what? - Paul S. Sharpe
August 25, 2011
The Problem Your concept may be novel and your invention may be exactly what everybody needs. However, unless you get your patented idea from the drawing board into your customer's hands, the ...
Terminating Long-Term Employees: Words of Precaution - Natasha D. Morley
August 18, 2011
In the first half of 2011 both the Ontario Court of Appeal and the Ontario Superior Court of Justice have sent a strong message to employers who are terminating long-term employees. In Di Tomaso ...
FINTRAC Compliance and Money Service Businesses: Could your business be at risk? - Megan D. Wallace
August 11, 2011
Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) has the authority to regulate a ...
Taking a Little Bit of the Mystery Out of Buying Your Home - Michael T. Brown
August 08, 2011
Buying a home can be a daunting experience for anyone. Whether you’re a young professional purchasing a downtown condominium unit, or an empty nester looking to upgrade or downsize ...
Software, Information Technology and Intellectual Property - Adrian C. O'Donnell
August 02, 2011
Android™, Google™, Facebook™, Xbox™, Blackberry™, Apps, Internet, streaming, servers, hotspots, and a multitude of other all too familiar terms represent the ...
Landlords Take Heed: The Marijuana Exclusion - Daniel A. Taylor
July 25, 2011
In Pietrangelo v. Gore Mutual Insurance Company [2011 ONCA 162 (March 2, 2011)], the Ontario Court of Appeal dismissed a claim for coverage by an insured landlord who suffered the total loss of ...
Possessory Title, the “new” Adverse Possession - Owen D. Bourns
June 15, 2011
You may or may not know that, for the most part, it is no longer possible to obtain land by way of “adverse possession”, otherwise known as “squatter’s rights”. ...
How the 2011 Federal Budget Affects Taxes
March 30, 2011
Renowned Canadian Tax lawyer, Gregory Sanders, explains how the federal budget affects taxes - Click here to read the article.
Are Personalized Medicine Claims Patentable in the US? - Mark F. Vickers, Ph.D., Patent Agent
March 01, 2011
The field of personalized medicine brings hopes of medical treatment(s) tailored to individual patients based on that individual’s unique molecular, proteomic, metabolomic, etc. ...
Business Method Patents: Where Do We Stand? - Adrian C. O'Donnell, Patent Specialist
January 10, 2011
Patents have been traditionally granted for tangible inventions. In other words, they can be held in your hand or touched. Business methods are an intangible process and as such Business Method ...
Left Holding the Bill: Can the NAFTA Countries Recover from their Constituent Territories? Barry Leon & Andrew McDougall
January 01, 2011
Canada’s surprise decision to settle the AbitibiBowater v. Canada NAFTA arbitration at an early stage this past summer brought a NAFTA issue to the fore that does not appear to have been ...
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