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Good Faith in Business Transactions – Five Considerations for Businesses

Oct 3, 2022

The law of good faith continues to evolve. This article provides five considerations for businesses to keep in mind when drafting and performing their contract.

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Unpaid Leave for Failure to Vaccinate Not a Termination of Employment

Oct 3, 2022

In the first civil case since mandatory vaccination policies have become widely implemented by employers throughout Canada, a British Columbia Court has ruled on the validity of mandatory vaccination policies and an employer's right to place non-compliant employees on an unpaid leave of absence.

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Upfront Compensation for Segregated Funds: Is a Total Ban on the Horizon?

Sep 28, 2022

Insurance Regulators are exploring regulatory changes to Segregated Funds compensation arrangement on Insurers, Intermediaries and Consumers.

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Too Quick to (Summary) Judge: The Shortcomings of Summary Judgment in Patent Actions in Canada

Sep 27, 2022

The FCA addresses the shortcomings of summary judgment in patent cases, along with issues relating to "common general knowledge" and experimental testing.

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Land Use Planning and BOMA Standards: Issues and Possible Solutions

McMillan’s Commercial Real Estate and Litigation & Dispute Resolution teams are offering a conference on a variety of current issues relating to real estate development and BOMA Standards.

Details October 27, 2022
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Just Say No (to Fixed-Term Employment Contracts): Court Awards 23 Months’ Pay to Former Business Owner

Sep 26, 2022

The Ontario Superior Court of Justice has issued another warning to employers who enter into fixed-term contracts with their employees.

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Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding

Sep 26, 2022

Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.

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Mind the (ebike) Gap: How to Proceed with Product Recalls When There is a Regulatory Gap

Sep 22, 2022

While consumer interest in electric bicycles is increasing, regulatory interest in electric bicycles, or ebikes, is waning.

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Stop Snooping: Alberta Privacy Commissioner Finds Employee Snooping Results in Real Risk of Harm

Sep 21, 2022

An overview of a recent Alberta Privacy Commissioner breach notification decision relevant to employee snooping.