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Recent Posts
Below is a preview of the five most recent posts from the blog Devry Smith Frank Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Health and Medical Practitioners Not Liable for Failing to Disclose Unusual Risks to Medical Treatments if a Properly Informed Person Would Have Consented Anyway
Warlow v Sadeghi[1] In 2010, Elaine Warlow began experiencing a painful toothache. It was a gum infection—probably due to some impacted food. Dr. Ali Sadeghi, an oral surgeon, recommended the removal of an impacted wisdom tooth where the infection was concentrated. Ms. Warlow consented. During the s … Read more »
- Waksdale Prevails: Ontario Court of Appeal Overturns Enforceability of Illegal Termination Provisions in Rahman
In Rahman v Cannon Design Architecture Inc, 2022 ONCA 451, the Ontario Court of Appeal recently overturned a lower court decision which upheld an otherwise illegal termination provision because the employee sought legal advice prior to signing her employment contract. A divergent approach to the one … Read more »
- The Duty of Good Faith in Insurance Law
The duty of good faith is the guiding principle of insurance litigation. What is the Duty of Good Faith? The duty of good faith is a fundamental principle of the common that parties to a contract must perform their contractual duties honestly and reasonably.[1] In the insurance context, it is an imp … Read more »
- The Courts Analyze “Material Change” – Again
The court (again) explores – What constitutes a material change in the recent Court of Appeal decision, Licata[1]. In order to bring a motion to change before the court, to change a final order, there must be a “change in circumstances”, since the last order (dealing with support) was made.[2] The c … Read more »
- A Guide for Couples Looking for Help after COVID-19 Cancelled their Wedding (Part 1)
The pandemic has derailed couples’ wedding plans for the past two years and hundreds of Canadians are now struggling to negotiate with vendors who refuse to refund or pay back deposits, citing their own dire finances resulting from COVID-19. These foiled plans and negotiation talks raise an interest … Read more »