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Ontario Court of Appeal confirms modern approach to cost awards in estate litigation: McGrath v. Joy
MT Estate Litigation Blog
On February 10, 2022, the Ontario Court of Appeal (the “Court”) released its decision in McGrath v. Joy, 2022 ONCA 119. In this case, the applicant challenged the validity of a holograph will written shortly before the testator committed suicide...
Privacy Commissioners take stance against collection of biometric data
MT Cybersecurity Blog
The collection (and over collection) of personal information, cybersecurity incidents, and data breaches have never been more topical. Advancements in technology have led to greater global interaction and allowed for commercial efficiency in a time of limited connection. With advancements...
The Supreme Court of Canada addresses promissory estoppel in the insurance context
MT Insurance Law Blog
Introduction In the recent decision of Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme Court of Canada considered the application of the doctrine of promissory estoppel in the context of a...
Case Commentary: Nelson (City) v. Marchi, 2021 SCC 41 – The Supreme Court of Canada clarifies the distinction between core and non-core policy decisions
MT Insurance Law Blog
Introduction In the recent decision of Nelson (City) v. Marchi, the Supreme Court of Canada clarified the law with respect to what constitutes a “core policy decision” rendering a government or public authority immune from liability. In this particular case,...
Can a will be annulled?
MT Estate Litigation Blog
Have you ever wondered whether a will can be annulled after the testator’s death? People do not always leave a will behind before they pass away. When no will can be located, the distribution of the deceased’s property is determined...
Henderson v. Northbridge General Insurance Corporation, 2021 BCSC 1841: The duty to defend claims alleging intentional acts
MT Insurance Law Blog
Introduction Recently, in the context of an alleged “shaken baby” claim, the Supreme Court of British Columbia considered whether an insurer had a duty to defend a claim against its insured arising from allegations framed in both negligence and assault. ...
Quebec’s new privacy law (Bill 64) is here – Canadian businesses take note!
MT Cybersecurity Blog
While federal attempts to modernize Canadian law, in the form of Bill C-11, is languishing in privacy purgatory, the province of Quebec has completed the first step of its journey to bring its law in close alignment with those of...
Privacy injunctions: the judicial response to cyber ransom demands
MT Cybersecurity Blog
Ransom demands from cyber terrorists have become an epidemic for businesses in Canada. As we have reported in previous articles, both for-profit and not-for profit businesses have been impacted. Governments and charities have not been spared from the destruction and...
British Columbia Court of Appeal clarifies indivisibility analysis
MT Insurance Law Blog
Introduction The Court of Appeal for British Columbia (the “Court of Appeal”), in Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327, recently provided significant commentary on the important yet difficult issue of indivisible injuries. Insurance Corporation of British...
OSFI updates cybersecurity breach notification requirements
MT Cybersecurity Blog
The Office of the Superintendent of Financial Institutions (“OSFI”) released a new Advisory on Technology and Cyber Security Incident Reporting, effective August 13, 2021 (the “Advisory”) which seeks to govern how federally-regulated financial institutions (“FRFIs”) should disclose and report technology...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.