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Friday, February 21, 2020 @ 12:55 PM

Staggering cost award: How to lose big canadian_cash_sm

The Family Law Rules require costs to be determined promptly after each step in a case. The rationale for this rule is obvious but perhaps twofold; the judge hearing the “step” is best able to assess costs and the court’s assessment of costs can and should illuminate for the parties the necessity of reasonable litigation conduct. A recent ruling on costs arising from a summary judgment motion in Leitch v. Novac 2019 ONSC 1534, heard by Justice Cory Gilmore of the Superior Court of Justice, is a sage illustration of both rationales. ... [read more]

Friday, February 21, 2020 @ 12:10 PM

Effect of new transportation regulations on equine industry: Contingency plans Horsehead

On Feb. 20, 2019, the Canadian Food Inspection Agency (CFIA) announced the amendments to Part 12 of the Health of Animals Regulation (HAR) pertaining to the humane transportation of animals. These amendments officially came into force on this date. ... [read more]

Friday, February 21, 2020 @ 8:22 AM

Estate freeze: Transferring business ownership to next generation dollarsign_ice_sm

Private businesses — many of which are family-owned and operated — are a key driver of the Canadian economy. Business owners invest heavily, working long hours and putting their capital at risk, to build and maintain their enterprises. Sadly, many businesses fail despite these efforts, but sometimes the results are impressive in terms of job creation, economic impact and growth in the value of the business. It’s been suggested that “estate freeze” tax planning allows wealthy business owners to escape taxation. Whether or not one agrees that wealthy Canadians should pay more taxes, the elimination of estate freeze planning will not make our tax system fairer or more efficient. ... [read more]

Thursday, February 20, 2020 @ 2:02 PM

Canada’s rights, limitations in face of plague crowdwithmasks.jpg

The recent outbreak of the coronavirus has filled the Internet with images that seem to be straight out of a Hollywood blockbuster film. ... [read more]

Thursday, February 20, 2020 @ 12:52 PM

Condominiums, enforcement costs: Times they are a-changin’ Hand

The ability to enforce the rules, bylaws and declarations as well as the Condominium Act, 1998 itself, is essential to the operation of any condominium corporation. Section 17(3) of the Act explicitly states that a condo has the “duty to take all reasonable steps” to ensure compliance, and s. 119 sets out the obligation of condos, directors, owners, occupiers and others to comply. ... [read more]

Thursday, February 20, 2020 @ 12:28 PM

Effect of new transportation regulations on equine industry: What to expect Horsehead

The new amendments to Part 12 of the Health of Animals Regulation (the HAR) pertaining to the humane transportation of animals officially came into force on Feb. 20, 2020. These amendments, which were announced in February 2019 by the Canadian Food Inspection Agency (the CFIA), include both prescriptive and outcome-based requirements that impact the entire animal transportation process and a large number of industry stakeholders. ... [read more]

Thursday, February 20, 2020 @ 8:31 AM

What every firm should know about e-discovery: Evaluation and implementation ediscovery_software_sm

The need for e-discovery is well documented. So, now that we’ve gotten the “why” out of the way, let’s look at the “how” part of the story. It’s one thing to say, “I want an e-discovery solution,” but knowing how to choose, implement and run one is an entirely different matter. And it’s where even the best intentions go to die. ... [read more]

Wednesday, February 19, 2020 @ 1:32 PM

Representation and warranty insurance expanding in Canada insurance_risk_sm

In M&A transactions, the representations and warranties, as well as the related indemnity and holdback provisions, are major points of negotiation. The purpose of these provisions is to allocate the risk of liability between the seller and buyer. However, the required due diligence and the negotiation process can be enormously costly and ultimately the deal may fall apart as the risk cannot be allocated in a manner that is satisfactory to both parties. ... [read more]

Wednesday, February 19, 2020 @ 12:58 PM

Guaranteed to cure the flu … but can you prove it? Snakeoil

It’s cold and flu season, and with it comes plenty of products promising to help you avoid this year’s flu. In the U.S., the Food and Drug Administrationy (FDA) has been cracking down on companies claiming that their products can prevent the flu, without appropriate drug licensing or support for the claims made. ... [read more]

Wednesday, February 19, 2020 @ 9:34 AM

Can co-ownership syndicate take action against co-owner for loss? Group of buildings

The formal notice is the last chance for a debtor to remedy their default. The failure of the creditor to provide a formal notice to the debtor may have serious consequences, including the dismissal of their case. ... [read more]