Game on! in a potential legal battle in Canada over loot boxes

/ Class Action /

By Tony Poland, LegalMatters Staff • A lawsuit targeting a video game manufacturer for selling “loot boxes” will likely test the interpretation of the Criminal Code, says Toronto class-action lawyer Margaret Waddell. A class-action suit was filed in September against Electronic Arts (EA) in Canada, claiming the company operated an illegal gambling system in numerous […]

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A new type of paralegal will not improve access to justice: TLA

/ Administrative Law /

By Paul Russell, LegalMatters Staff • Creating a new level of legal professionals in Ontario will not achieve the goal of improving access to justice in the area of family law, says Sarah Boulby, chair of the Family and Estates Committee of the Toronto Lawyers Association. That committee helped pen a response to a consultation

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Many factors at play when deciding on a penalty for fraud

/ Criminal Law /

There are many factors the court weighs when determining the penalty for fraud, the primary one being the amount of money involved. If someone is charged with fraud under $5,000, the Crown has two choices. They can proceed by indictment and seek the maximum penalty of two years in federal prison followed by three years

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Has COVID-19 contributed to a rise in birth injury cases?

/ Personal Injury /

As we navigate our way through the second wave of the coronavirus pandemic, we see the number of daily cases reaching new heights and a vaccine that is still months away. In this blog post, I will examine some interesting expectant mothers’ trends during the lockdown. Has COVID-19 contributed to a rise in birth injury

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Donald Trump and the ‘moron in a hurry’ trademark rule

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • U.S. President Donald Trump’s recent press conference invitation gaffe serves as an example of the trademark infringement “moron in a hurry” test, says Toronto intellectual property lawyer John Simpson. Trump sent out a tweet following news of Joe Biden’s election victory on Nov. 7 announcing a “big press conference

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Regulations governing the sale of new homes are changing

/ Administrative Law /

I recently had the pleasure of meeting with the sales team at Sotheby’s International Realty to discuss legal considerations for realtors when dealing with new home sales. It’s a changing landscape for builders, vendors and realtors alike. Here are some key points realtors should keep in mind. All vendors of a new, previously unoccupied home

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Birthing guideline should focus on healthy babies, not avoiding lawsuits

/ Personal Injury /

By Paul Russell, LegalMatters Staff • An updated guideline concerning fetal surveillance in labour puts undue emphasis on medico-legal considerations and not enough on reliable data and healthy outcomes for babies, says personal injury lawyer Richard Halpern. Halpern, a senior lawyer with Gluckstein Lawyers in Toronto, recently wrote an extensive critique about the 2020 Clinical

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Intimate partner violence, by any name, is taken very seriously

/ Criminal Law /

Intimate partner violence (IPV) ranges from emotional abuse, such as name-calling, to repeated physical or sexual assaults and homicide. According to information from Statistics Canada, IPV is recognized as a public health issue that can have far-reaching consequences on not only the victim but also on families, communities and society at large. Women, young people

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