In-House Counsel
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February 26, 2025
Women & 2SLGBTQI+ applicants came out ahead as ‘highly recommended’ for federal benches in 2023-2024
Asserting his new administration is “ending illegal discrimination and restoring merit-based opportunity,” U.S. President Donald Trump recently issued controversial executive orders banning diversity, equity and inclusion policies and hiring at the federal level in America. But in Canada, the most recent demographic statistics on federal judicial appointments and the professional competence and character assessments made by the Trudeau government’s non-partisan judicial advisory committees (JACs) indicate that diversity has gone hand in hand with “merit.”
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February 26, 2025
How Trump’s proposed tariffs will affect executive employment contracts | Frank Portman
The recent threats by the Trump administration of tariffs against Canadian goods, and the recent imposition of global tariffs against American aluminum and steel imports, have caused great consternation on both sides of the border. By some estimates, in a worst-case scenario tariffs could cost over 600,000 Canadian jobs and devastate the economy generally, according to the Feb. 3 Globe and Mail article by Vanmalla Subramanian titled “Tariffs would lead to job losses in auto and resource sectors, economists predict.”
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February 25, 2025
Major auto insurers face proposed class action over alleged use of flawed valuation reports
Intact Insurance, Aviva General Insurance and a number of other major automobile insurers are facing a proposed class action over their alleged use of valuation reports containing arbitrary and unlawful charges, which lowered vehicle valuations and reduced payouts for total loss accident claims.
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February 25, 2025
Court rejects disclosure application for records to be sent to U.S. in alleged fraud case
The British Columbia Supreme Court has dismissed an application for disclosure in an alleged mass-mail fraud case that led to the seizure of over 500 boxes of records.
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February 25, 2025
Ontario Court of Appeal dismisses broker’s claim for $8M fee for mining investment
The Ontario Court of Appeal has upheld the summary dismissal of a claim for an $8.1 million commission brought by a business broker, finding that it had only shared publicly available information with one of the parties five years prior to the relevant transaction.
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February 25, 2025
Court of Appeal removes ‘wiggle room’ from employment releases
With the uptick in terminations without cause on the rise in Canada due to economic uncertainty on the horizon, counsel settling dismissal claims must be extremely vigilant in drafting and reviewing the Minutes of Settlement, Release and Indemnity that a client signs in order to get paid.
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February 25, 2025
Better than a sea cruise
Sea Tow Services International, Inc. was incorporated in the State of New York in 1983. It uses a pre-paid membership model to deliver on-water services to recreational boaters, including towing, fuel delivery and repairs, as well as related membership services. It owns Canadian registrations for the word SEA TOW and a design version of the mark (together the Sea Tow Marks). It had filed previous applications for the same marks on Dec. 20, 2002, but the applications although allowed were abandoned on Sept. 20, 2010 (Sea Tow Services International, Inc. v. C-Tow Marine Assistance Ltd. 2025 FC 27 and costs at 2025 FC 355).
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February 25, 2025
Lawyer’s victim of fake U.S. cases generated by AI-assisted research
Since graduating from law school in 1990, legal research has evolved from the use of books taken from a library shelf to the use of comprehensive electronic research tools. Today, we are also exposed to the use of AI-assisted legal research that is available either through commercial publishers or websites. As well, ChatGPT has been promoted as an AI-assisted tool that can assist in legal research.
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February 24, 2025
North West Company faces class action over alleged misuse of food subsidies
A leading grocery retailer in northern Canada is facing a class action over allegations that it illegally retained subsides aimed at lowering the cost of nutritious foods and essential goods for isolated northern communities.
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February 24, 2025
Protection against ‘look alike’ packaging
Thatchers Cider Company Limited is the largest family-run independent cider producer in the United Kingdom (Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5).