Written on behalf of Peter McSherry Although all employees in Canada owe their employees a duty of good faith and fidelity, the same cannot be said of fiduciary duties, which are owed by employees who have been determined to hold a fiduciary position in respect of their employer. The topic of fiduciaries often arises in…
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On May 16, the CJEU issued a new judgment on air passenger rights when there is a long flight delay and an airline claims extraordinary circumstances, in the case Touristic Aviation Services (C-405/23). In a given case, the flight was delayed by 3hrs and 49 min between Germany and Greece. The delay was a result…
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care. Trending in the past two weeks: Licensing requirements Substance use disorder Teleoptometry A CLOSER LOOK Finalized Legislation & Rulemaking: In Maine¸ the comment…
Congratulations to Kornfeld LLP litigators, Dan Hepburn and Nils Preshaw, for their recent win defending a prominent Vancouver developer in the case of A.H.H. Construction v. Washington Properties, 2021 BCSC 1912. Over a five-week trial held in Vancouver, BC Supreme Court, the Plaintiff sought over $825,000 for extra work, unpaid draws, and damages for breach…
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On January 22, 2024, Arbitrator Shapiro upheld the discharge of a long service IT employee with an unblemished record for installing crypto-currency mining software on a college network. Labour arbitrators have the power to substitute a penalty for an “unjust” discharge. The analysis is multi-factorial, though length of service and disciplinary record weighs heavily. In…
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Clients often ask me “Kamilla, how long does probate take?” This can be a hard question to answer, especially nowadays. Covid 19 has significantly backlogged the courts. Some Surrogate Court counties are more impacted than others. Even if the file is in tip top shape and fully complete, it can take months for a court…
Summaries of judgments made in collaboration with the Portuguese judge and référendaire of the CJEU (Nuno Piçarra and Sophie Perez) ▪ Judgment of the Court (First Chamber) of 18 January 2024, Comune di Copertino, Case C-218/22, EU:C:2024:51 Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7 – Article 31(2) of the…
At the end of 2023, Minden Gross LLP—a 73-year-old law firm with 35 partners, 20 associates and a coveted client roster—caught the legal community by surprise when it published a terse notice on its website. Citing the “challenges facing mid-size law firms in Canada” and an “unsuccessful” attempt to strengthen the firm through a merger,…
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Connolly v Nina 2024 NY Slip Op 51045(U) Decided on August 13, 2024 Supreme Court, Kings County Maslow, J.: “The instant matter pertains to the custody of two dogs, Mary Alice and Henry. This Court conducted a hearing over the course of three days: July 5, 2024; July 12, 2024; and July 18, 2024. The…
Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how much—social media companies should be allowed to moderate user-generated content on their platforms. If social media companies are more like newspapers, they have the…
