In-House Counsel
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
Port Moody joins six other B.C. municipalities in ‘Sue Big Oil’ campaign to recover climate costs
The City of Port Moody, B.C., has passed a resolution in support of a proposed class action against large fossil fuel companies over the costs of preparing communities for climate change, according to a release.
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May 31, 2024
Quebec court supports limitation on Galen Weston testimony in bread price-fixing class action
In a class action lawsuit over alleged price-fixing of packaged bread, Loblaws president and executive chairman Galen Weston Jr. will not have to answer questions about an internal company investigation into the matter due to solicitor-client and litigation privilege, a Quebec Superior Court judge has ruled.
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May 31, 2024
TERMS — Express terms — Exclusion clauses
Appeal by Earthco Soil Mixtures Inc. (Earthco) from a judgment of the Ontario Court of Appeal which overturned a judgment dismissing Pine Valley Enteprises Inc.’s (Pine Valley) action for damages. Pine Valley bought topsoil from Earthco for use in a project for the city of Toronto (City).
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May 31, 2024
N.B. Crowns’ association warns of catastrophe if prosecutors go on strike
The president of an association representing unionized prosecutors in New Brunswick says it would be “catastrophic” if Crowns go on strike — as almost all of them have unofficially voted to do if a deal is not reached with the province.
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May 31, 2024
Cellphones in Ontario schools, the voice of the child, part three | Marvin Zuker
There is a significant perception gap between educators and students when it comes to the impact of social media on mental health. Too often, platforms like TikTok, Instagram and Snapchat are blamed for exacerbating students’ mental health problems.
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May 30, 2024
Alberta lashes out at proposed expansion of federal anti-greenwashing laws
Alberta’s environment minister is crying foul over Ottawa’s proposed Bill C-59, saying its anti-greenwashing measures will amount to a gag order on Canada’s oil and gas industry.
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May 30, 2024
MPs call for automatic renewed work & study permits for Hong Kongers; 97.6% get permanent residence
The Commons citizenship and immigration committee has urged Ottawa to “immediately automatically renew open work permits and study permits” for Hong Kong nationals as they wait in Canada for their permanent resident applications to be decided by the immigration department, which has more than 10,000 applications awaiting disposition.
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May 30, 2024
Alberta legislature adopts municipal governance bill that raised ire of stakeholders
Alberta legislators have passed a contentious municipal governance bill that observers have characterized as a “power grab” that allows for too much provincial intrusion into local government and politics. Bill 20, the Municipal Affairs Statutes Amendment Act, which passed third reading in the Alberta legislature on May 29, amends both the Local Authorities Elections Act (LAEA) and the Municipal Government Act (MGA) and gives cabinet the power to both order a recall vote for municipal councillors and require municipalities to amend or repeal bylaws. The legislation also opens the door to the establishment of local political parties while also permitting union and corporate donations to local candidates with the same $5,000 per municipality per year donation limits as individual donors.
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May 30, 2024
Cellphones in Ontario schools, the voice of the child, part two | Marvin Zuker
On March 25, 2024, Florida became the first state to effectively bar residents under the age of 14 from holding accounts on services like TikTok and Instagram. The bill, effective January 2025, signed by Gov. Ron De Santis, prohibits certain social networks from giving accounts to children under 14 and requires the services to terminate accounts that a platform knew or believed belonged to underage users. It also requires the platform to obtain a parent’s permission before giving accounts to 14- and 15-year-olds.