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Friday, April 28, 2017 @ 08:47 AM

When real estate projects become insolvent

This is the first of a series of three articles that address issues when a real property developer becomes insolvent. ... [read more]

Thursday, April 27, 2017 @ 08:37 AM

Emotional intelligence and the art of negotiation

A few years according to negotiator coach Jim Camp, neuroscientist Antonio Damasio made a ground-breaking discovery. He studied people with damage in the part of the brain where emotions are generated. He found that they seemed normal, except there was one peculiarity, not only were they unable to feel emotions, they were also unable to make decisions. According to Camp, this finding has enormous implications for lawyers who spend most of their time negotiating. Lawyers who believe they can build a case for their side using reason and logic alone are doomed to be poor negotiators as they don’t understand or appreciate that the real factors driving the other party to come to a decision, aren’t based on logic, but rather on emotion. ... [read more]

Wednesday, April 26, 2017 @ 08:49 AM

Privacy laws struggle with ‘smartphones on wheels’ WiFi car

In late March 2017, the Office of the Privacy Commissioner of Canada (OPC) appeared before the Senate Committee on Transportation and Communications to discuss some of the privacy issues associated with connected and automated vehicles. Over the past few years, the OPC and other organizations have been studying the privacy concerns surrounding connected and automated cars. However, as of yet, there are no comprehensive policies addressing privacy and modern automobiles. ... [read more]

Tuesday, April 25, 2017 @ 02:51 PM

Inside the in-house counsel revolution

The core mission of the modern, global corporation is the fusion of high performance with high integrity and with sound risk management. The ideal of the modern general counsel is a lawyer‐statesman who is an acute lawyer, a wise counsellor and company leader and who has a major role assisting the corporation achieve that fundamental goal of global capitalism. For the lawyer-statesman, the first question is: “is it legal?” But the ultimate question is: “Is it right?” ... [read more]

Tuesday, April 25, 2017 @ 12:56 PM

Enforcement the key to a lawyer referral fee cap

The end to excessive lawyer referral fees may be as near as April 27 when the Law Society of Upper Canada will vote on capping referral fees paid to all referring lawyers/paralegals for referral arrangements entered into on or after May 1, 2017. ... [read more]

Tuesday, April 25, 2017 @ 08:45 AM

Legal cannabis and impaired driving on collision course

As critics have long pointed out, cannabis is demonstrably less harmful, from a both a social and physical health standpoint, than is alcohol, tobacco, and a host of legal prescription medications. Its status as an illegal substance is therefore illogical, unscientific and, to the extent that it remains the most ubiquitous recreational drugs available, futile from a law-enforcement perspective. ... [read more]

Monday, April 24, 2017 @ 08:25 AM

Beware the dangers of a continuing power of attorney

In this article, I wish to discuss some of the dangers that may arise out of granting a continuing power of attorney for property under the Substitute Decisions Act (SDA). ... [read more]

Monday, April 24, 2017 @ 08:18 AM

Courts clarify municipal role in marijuana business regulation

For lawyers who practice in the area of municipal law, or who represent clients in the nascent marijuana industry, questions of authority and jurisdiction can be quite vexing. Happily, two recent court decisions help to clarify the current scope of municipal authority where locating and regulating marijuana businesses is concerned, which will be particularly helpful as all levels of government and industry participants prepare for July 1st, 2018. ... [read more]

Friday, April 21, 2017 @ 10:54 AM

How the courts do the math on family loans

Question: My wife and I have decided to separate. My brother loaned us $50,000 during our marriage to pay off various debts and to purchase a car. My wife now denies that the money was a loan; she claims it was a gift from my brother. When we borrowed the money, we signed a hand-written document that my brother drew up that says we borrowed $50,000 from him and that we promise to pay him back when we are able. After he found out that my wife and I were separating, my brother called me and my wife and asked us when we would pay him back the money we borrowed from him. What happens to the $50,000 loan now that my wife denies it even exists? ... [read more]

Thursday, April 20, 2017 @ 09:34 AM

Americans beware — don’t move to Canada without knowing consequences of U.S. exit tax

Last year more than 30,000 Americans were refused entry into Canada, a jump of 31 per cent over 2015 and four times the total from 2014. That is according to the Canada Border Services Agency, which is responsible for border security. ... [read more]