Focus On


  • Review underway of Class Proceedings Act
    Craig Lockwood says there is room to improve the Class Proceedings Act to make it more efficient and effective.

    Review underway of Class Proceedings Act

    Lawyers say Ontario’s class actions process, which is currently being reviewed, could benefit from some streamlining and efficiencies to move cases along more quickly and avoid duplicate litigation in other jurisdictions.

  • Pre-certification motion can be efficient
    Paul Davis says that, recently, courts ‘have been open to dealing with some matters prior to certification where it can have the effect of actually increasing efficiency.’

    Pre-certification motion can be efficient

    Launching a pre-certification motion in a proposed class action is a tough nut to crack, but it can be worth the effort in certain circumstances and may also help to narrow the issues, say lawyers.

  • Pressure to find missing beneficiaries
    Suzana Popovic-Montag says the extent of a search for the beneficiary of an estate really needs to be in proportion to the size of the estate and the bequest left to the person who is missing.

    Pressure to find missing beneficiaries

    When a beneficiary of an estate is missing, it puts pressure on the executor to do what is reasonable to find them before seeking relief through the courts to ensure that the executor or estate trustee is not liable.

  • Importance of preparing will be emphasized
    Marcia Green says if a person dies without a will, family members may find themselves saddled with a burden they may not be prepared or willing to take on.

    Importance of preparing will be emphasized

    When a person dies without a will, a complicated legal process can ensue, say lawyers.

  • Factor digital assets into estate planning
    Matthew Urback says people may want to consider appointing an estate trustee to be in charge of their digital assets.

    Factor digital assets into estate planning

    Digital accounts and digital assets for communication, relationships, entertainment and media are now commonplace for many people, and some of that, including wealth, could be lost without proper estate planning, say lawyers.

  • Clarity needed in estates after divorce
    Jacob Kaufman says lawyers sometimes encounter estates involving couples who have separated but not divorced.

    Clarity needed in estates after divorce

    The failure to clarify spousal status following divorce and update a will can create confusion and may lead to conflict when it comes to the distribution of assets following death.

  • Canada on U.S. watch list for IP rights
    Lorne Lipkus says he’s embarrassed to tell people where he comes from when appearing at international conferences focused on intellectual property protection and enforcement.

    Canada on U.S. watch list for IP rights

    Canada fully deserves its spot on the U.S. Trade Representative’s notorious priority watch list for intellectual property rights thanks to its failure to stop the flow of counterfeit goods through the country’s ports, according to a Toronto lawyer.

  • Data release ordered
    Alyssa Tomkins says a recent Federal Court ruling ‘really offers an opportunity for Canada to take the lead on transparency of clinical trial data.’

    Data release ordered

    Canada can remain at the forefront of clinical trial transparency after the Federal Court ordered the release of data to a public health researcher, according to the university professor’s lawyer.

  • Foreign businesses can keep their marks
    Jamie-Lynn Kraft says a pair of recent decisions is good news for non-Canadian businesses looking to protect their brands in this country.

    Foreign businesses can keep their marks

    Intellectual property lawyers say Canada’s trademark law is catching up with the modern world after a pair of federal court decisions allowing foreign businesses to keep their marks despite having no physical presence in the country.

  • Will mass copyright infringement litigation slow?
    Graham Honsa says a recent SCC decision that Rogers can recover some of its costs for complying with Norwich orders may end up accounting for the bulk of the expense to plaintiffs engaging in mass copyright litigation.

    Will mass copyright infringement litigation slow?

    It’s too early to tell whether a Supreme Court of Canada decision on who should bear the cost of identifying alleged online pirates will stem the tide of mass copyright infringement litigation, according to a Toronto lawyer.

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