Regions

The Domicile Effect – Impact on the Administration of Estates

Recently we have been involved in a number of estates which have involved the concept of domicile. Kevin Doughan, Associate Solicitor, Wills and Probate, explores this often misunderstood concept together with the effect it can have on the administration of estates.

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Court conducts appraisal of ‘prudent lending’ clause in valuer policy

Professional indemnity insurance policies usually require a valuer to include in his or her report a ‘prudent lender’ clause.

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What Are Social Determinants of Health?

Did you know that your zip code is a better predictor of your health than your genetic code? Public health experts – and your health insurance provider – have long known that the air you breath, the education you receive, your net worth, and even the music that you listen to are strong indicators of your overall health – and the possibility that you might need expensive medical procedures in the future. By some measures, up to 50% of your overall health is determined by social, economic, and environmental factors. As the movement to value-based payment continues in health care, there has been a renewed focus from policymakers and payors on “social determinants of health” in an attempt to curtail health care costs by addressing the root problems of poor health; before the patient is at-risk and when the interventions may be cheaper than medical care.

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Marijuana Legalization Takes Another Step Forward in 2018 Elections

In the November 2018 mid-term elections, state ballot measures for the legalization of marijuana were approved in three states – Michigan, Missouri, and Utah – and rejected in one state – North Dakota.

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Roszdravnadzor will be entitled to carry out test purchases of drugs and medical devices

On December 13, 2018 Russian State Duma has passed in the third reading a draft law empowering the state healthcare control (supervision) body (Roszdravnadzor) to conduct test purchases (“Draft law”)1.

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The Court of Appeal agrees with Élisabeth Laroche in a professional responsibility case

In Cansica Holding Inc. c. Boidman, 2018 QCCA 2130, a decision rendered on December 14, the Court of Appeal endorsed Élisabeth Laroche’s reasoning in defending a lawyer against a claim for professional responsibility.

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Mixed Results for Employers on Marijuana – Two Federal Courts Refuse to Find State Marijuana Laws Preempted by Federal Law

Two recent federal cases illustrate why employers – even federal contractors – must be cognizant of relevant state-law pronouncements regarding the use of marijuana (i.e., cannabis) by employees. While one case found in favor of the employer, and the other in favor of the employee, these decisions have emphasized that state law protections for users of medical marijuana are not preempted by federal laws such as the Drug-Free Workplace Act (DFWA). Employers must craft a thoughtful and considered approach to marijuana in the workplace, and in most cases should not take a zero-tolerance approach to marijuana.

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Double representation of the insured: Example of an exception

In Groupe Sutton-Centre Ouest inc. c. Viger Blouin, 2018 QCCS 4525, the Superior Court restated the possibility that an insured be represented by his lawyer in relation to grounds of action not covered by his professional liability insurance when his insurer is required to defend him against certain allegations.

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DOL Releases New Guidance on Minimum Wage for Tipped Workers – Employment Law This Week

Featured on Employment Law This Week: The Department of Labor (“DOL”) rolls back the 80/20 rule.

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OCR Requests Comments on Ways to Modify HIPAA

On December 14, 2018 the Department of Health and Human Services, Office for Civil Rights (“OCR”) formally issued a Request For Information (“RFI”) seeking public input on “ways to modify the HIPAA Rules to remove regulatory obstacles and decrease regulatory burdens in order to facilitate efficient care coordination and/or case management and to promote the transformation to value-based healthcare, while preserving the privacy and security of PHI.”  OCR is seeking comments for a series of 54 different specific questions (many with additional subparts) corresponding to the following five major topic areas:  (1) the promotion of information sharing for treatment and care coordination; (2) the promotion of parental and caregiver involvement in addressing the opioid crisis and serious mental illness; (3) additional ways to remove regulatory obstacles and burdens to facilitate care coordination and promote value-based health care; (4) an effective means to implement the accounting of disclosures requirement of the HITECH Act; and (5) Notice of Privacy Practices operational practices.

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