Gene Simmons Attempts to Trademark the “Sign of the Horns” Hand Gesture

Blog Post
June 20, 2017

Shock-rock icon Gene Simmons, celebrity entrepreneur and vocalist/bassist with the group KISS, has recently applied for a US trademark based on the famous “Sign of the Horns” hand gesture. The application is directed to services in the nature of “live musical performances”, and Simmons claims trademark rights back to November 1974.

What Happens When An Estate Trustee Has Their Own Agenda?

Blog Post
June 19, 2017

An estate trustee is expected to manage the assets of an estate responsibly, prudently and with a degree of diligence. They should also not be swayed by their own interests, particularly when it comes to engaging in unnecessary litigation. But what happens when an estate trustee is driven by personal animosity or has their own agenda? This is what the Ontario Superior Court of Justice dealt with in Craven v Osidacz.

When Would An Employee Want To Claim Frustration Of Contract?

Blog Post
June 15, 2017

We all know the conventional ways that an employment contract can be terminated, such as a resignation, or with or without cause. Another way is by frustration of contract. Frustration of an employment contract is when the employee becomes unable to fulfill the fundamental duties and responsibilities of their position through no fault of their own.

Tort of Harassment Exists in Ontario

Blog Post
June 13, 2017

In order to succeed in a claim for personal injury, a plaintiff must establish that the defendant’s conduct falls within a known cause of action. Until recently, it has not been clear whether acts of harassment can support a claim for damages. However, the recent decision of Merrifield v The Attorney General has confirmed that the tort of harassment does indeed exist in Canada.

Fidget-Spinners And The Spin Over the Inventor

Blog Post
June 12, 2017

The latest fad to hit the market are fidgets-spinners, hand-held spinning devices that have become hugely popular with school kids over the last few months. Naturally, when a gadget like this appears to come out of nowhere, people often wonder who invented it.

Mind the Gap – What Happens When Details Are Missing From a Settlement?

Blog Post
June 6, 2017

Arbitrations can be fairly informal proceedings. Efforts to settle arbitrations are often more informal still. All participants recognize that a settlement is usually better than completing the hearing, even if everyone leaves the table a little dissatisfied. But what happens when there is an agreement on all or just about almost all of the essential terms of a settlement? Everyone is happy, right? Not always. Sometimes there is no settlement at all.

Canada Commits to the United Nations Declaration on the Rights of Indigenous Peoples

Blog Post
June 6, 2017

This spring, the Government of Canada made strides towards implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and we can look forward to further developments in the coming months. UNDRIP is an international declaration that aims to ensure a “universal framework of minimum standards for survival, dignity and well-being of indigenous peoples of the world”.