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Eric Turkienicz

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A contract thumb original Thorns and Roses of Arbitration Clauses to Third-Party Beneficiaries

In the construction industry, where a tangled web of inter-related contracts can be the norm, questions often arise as to whether a non-party seeking to avail themselves of benefits in one contract is also subject to its various restrictive covenants. In the Husky case discussed below, the ABKB clarified that parties take the good and they take the bad.

A privacy thumb original Ontario Court of Appeal Upholds Decision to Deny Coverage for Tort of Intrusion upon Seclusion Claims - Case Comment: Demme v. HIROC

This past month, the Ontario Court of Appeal released its decision of Demme v. Healthcare Insurance Reciprocal of Canada (HIROC) 2022 ONCA 503, which considered a commercial liability insurer's duty to defend in actions based on the tort of intrusion upon seclusion. Justice Brown ultimately found that the insurer had a right to deny coverage to an employee of the insured under its policy.

A cannabis shop original Dispensing with dispensaries: Pot shops on every corner

You're walking to grab a bite to eat from your favourite sushi place down the street. It's a warm, clear night and you pass the local businesses which give your neighbourhood its sense of character. An organic coffee shop. A marijuana dispensary. A vintage bookstore. Another dispensary. Maybe the grocer has those strawberries you like. Yeah, that sounds good. Yet another dispensary. A fourth dispensary. A fifth dispensary – this one with a clever name. Were there always this many?