Articles 2021

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The Guarantee Company of North America v. Royal Bank of Canada: return (or revenge?) of the statutory lien trust

  • January 22, 2019
  • R. Brendan Bissell

In the Star Wars movies, there are points where the Jedi seem to have wiped out the Sith (or vice versa) only to find out that the other has come back to life. Stakeholders, lawyers and insolvency professionals who had seen, or hoped for, the end of the statutory construction lien trust after bankruptcy might be forgiven for feeling like that after January's Court of Appeal for Ontario decision in The Guarantee Company of North America v. Royal Bank of Canada.

Insolvency Law, Construction and Infrastructure Law, Student Forum

Recent Taxpayer GAAR Victories

  • January 21, 2019
  • Gloria Wang

The author discusses two recent Tax Court of Canada cases considering the application of the general anti-avoidance rule, from which the taxpayers emerged victorious for various reasons.

Student Forum, Taxation Law

All Eyes on Consequences of Facial Recognition Technology

  • January 21, 2019
  • Mark Hayes and Adam Jacobs

While facial recognition technology is increasingly prevalent in our day-to-day lives, the authors highlight concerns regarding compliance with applicable privacy laws.

Privacy Law, Student Forum

Allocating Risk and Preparing For a Data Breach

  • January 21, 2019
  • Shan Alavi

All organizations, large or small, are prone to privacy breaches, the cost of which can cripple an organization that is not prepared to handle such threats. No organization is immune, but every organization can mitigate the risks.

Privacy Law, Student Forum

#KidsToo

  • January 17, 2019
  • Rebecca Bromwich

Considering Dr. Christine Blasey Ford, Judge Brett Kavanaugh, youth justice, and the rights of the child.

Child and Youth Law, Student Forum

These Feet Were Meant for Voting: The Mature Minor in Health Law and Family Law

  • January 16, 2019
  • Shmuel Stern

One of the most frequent questions a family lawyer is asked is “at what age can my child choose to live with me?” Shmuel Stern explores what it means to be a “mature minor” in health law, and as a family lawyer, compares how health law and family law treat older children’s views and preferences.

Child and Youth Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (January 7 - 11, 2019)

  • January 16, 2019
  • John Polyzogopoulos

There were only three substantive civil decisions released by the Court of Appeal this week. In TD General Insurance Company v Intact Insurance Company, the Court examined two insurance policies that had overlapping coverage. In Healthy Lifestyle Medical Group Inc. v. Chand Morningside Plaza Inc., the Court set aside summary judgment on a guarantee.

Civil Litigation, Student Forum