Protect your trademark rights against infringers during a pandemic

It is always important for trademark owners to “police” their trademark rights against infringers, even in the midst of a pandemic. Unauthorized use of your trademark or a similar trademark, no matter how trivial, can erode its ability to distinguish you as a trade source. When a trademark loses this ability and becomes non-distinctive, it

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A primer on navigating real estate transactions during a pandemic

As the COVID-19 pandemic drags on, real estate salespeople and brokerages are drastically changing their operations to suit the new reality. The Real Estate Council of Ontario (RECO) is keeping members up to date about the changes required to move forward in this challenging time. Here are key points to keep in mind. Closing dates,

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Another cautionary tale for plaintiffs: defamation lawsuits can be costly

By Paul Russell, LegalMatters Staff • A recent Ontario Superior Court decision involving Ontario’s anti-SLAPP legislation shows why plaintiffs must carefully assess the cause of their damages before launching and pursuing a defamation lawsuit against defendants who write or speak about matters of important public interest, says Toronto lawyer Howard Winkler. “This assessment is critical

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Winning in Ontario Small Claims Court starts with these six steps

By Paul Russell, LegalMatters Staff • If you want to sue someone for money, the return of personal property or damages, valued at $35,00 or less, Ontario’s Small Claims Court is the place to seek a remedy, says Toronto paralegal Joyann Oliver. “Small Claims Court is a court of equity. It can only award damages.

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How to handle real estate disputes in divorces during a pandemic

While experts agree divorce rates will rise sharply as Canadians come out of the COVID-19 lockdown, couples who are homeowners face the double whammy of seeing their property value fall at the same time as their relationship is disintegrating. Here’s some advice for those in that situation. Let’s address the home value issue first and

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Embrace technological changes brought on by COVID-19 shutdown

By LegalMatters Staff • The coronavirus lockdown has forced lawyers out of the courtroom and onto the video screen and the legal profession should embrace the necessitated shift in business practices, says Ontario critical injury lawyer Joseph A. Cescon. Social distancing has left courts closed for all but urgent matters so lawyers have to rely

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Litigation proves effectiveness of class actions to protect investors

By LegalMatters Staff • Financial institutions that fail to fairly and openly serve investment clients could face penalties or lawsuits, says Toronto class-action lawyer Margaret Waddell. Waddell, a partner with Waddell Phillips Professional Corporation, points to several recent events where banking conglomerates have been made to answer for the way they deal with their investing customers. She

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What to know if you are recalled to work (and you’re unsure it’s safe)

By Paul Russell, LegalMatters Staff • As Ontario businesses gear up after weeks of lockdown, Toronto employment lawyer Ellen Low says she has been busy answering questions from employees about their legal entitlements during a pandemic. “Due to COVID-19, the right to refuse work is becoming more and more of an issue,” says Low, principal

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Virtual examinations and consolidated notice to profession

In light of the ongoing COVID-19 pandemic, the Ontario Superior Court of Justice temporarily suspended its regular operations effective March 17.  Several Notices to the Profession issued since then were consolidated into the single Notice to the Profession dated May 13, 2020.  This most recent notice reaffirmed the court’s call for cooperation among counsel and parties

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