Business E-Mail Fraud: Sometimes You Pay Twice!

In a recent Ontario Small Claims Court decision, a deputy judge was faced with a situation where a business e-mail compromise resulted in settlement funds being redirected to a fraudster rather than the intended recipient. The case raised the following novel question:...

Hackers v. Humans: Human Resources and Cyber Risk

Data and privacy breaches caused by malicious actors accessing your organization’s systems are here to stay. Once considered an emerging risk, “cyber” is now a hard reality facing every organization. Given the frequency of employees causing cyber breaches, human...

When is Your Mom Your Landlord?

The recent decision of Traders General Insurance Company v. Elizabeth Gibson asked the question, “Am I my [mother]’s keeper?” in the context of coverage for third party bodily injury claims under a homeowner policy. In this case, the answer was “No, you are her...

Playing With Fire – Constructive Dismissal and Mitigation

In what can only be described as a Pyrrhic victory, a recent Ontario Superior Court summary judgment decision highlights the employment risks present in temporary lay-offs during a business downtown. This decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim. This decision also confirms that employees must take offers of re-employment seriously when alleging constructive dismissal.

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