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Friday, March 15, 2019 @ 8:57 AM

Lesson for brands: Delayed enforcement may mean denial of rights newspaper_sm

Recently the Federal Court of Appeal upheld yet another ruling that runs against a foreign brand owner in Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd. 2019 FCA 10. ... [read more]

Thursday, March 14, 2019 @ 11:51 AM

Autonomous vehicles mean more complex litigation swarmofcars_sm

Autonomous vehicles are becoming increasingly commonplace, especially with car companies promising that we will see robot cars within our lifetime. By 2021, it is believed that there will be 51,000 autonomous vehicles operating worldwide. Where uncertainty lies, however, is in the impact of driverless vehicles on motor vehicle litigation. This article will discuss the future of autonomous vehicles and the changes that can be expected in the insurance industry. ... [read more]

Wednesday, March 13, 2019 @ 8:34 AM

In search of the civilized divorce negotiated_divorce_sm

At the end of the movie The War of the Roses, divorce lawyer, Gavin D’Amato (played by Danny Devito) advises a client who is contemplating divorce that he has two options: either move forward with the divorce with the goal of getting through it “as quickly and cleanly as possible so you can begin rebuilding your life” or return to his spouse and attempt to repair his marriage. His sage advice was borne out of his experience that, in divorce, “there is no winning, only degrees of losing.” ... [read more]

Wednesday, March 13, 2019 @ 8:06 AM

Applying deliberative secrecy to arbitral tribunals secret_decision_sm

The principle of deliberative secrecy prevents disclosure of how and why adjudicative decision makers make their decisions. This protection is necessary to help preserve the independence of decision makers, to promote the consistency and finality of decisions and to prevent decision makers from having to testify about their decisions. The courts have yet to explicitly apply this public law principle to arbitral tribunals. However, given the similarities in the functions performed between arbitrators and other adjudicative decision makers, it is in the interest of justice to extend the application of this principle to arbitral tribunals. ... [read more]

Tuesday, March 12, 2019 @ 8:41 AM

Feds launch directive on automated decision making AI_decision_sm

On March 4, 2019, Jane Philpott, president of the Treasury Board and minister of digital government, launched the federal government’s Directive on Automated Decision Making purported to guide government departments in the transparent and accountable use of artificial intelligence (AI). ... [read more]

Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]

Monday, March 11, 2019 @ 9:24 AM

Beware misconceptions about U.S. residency rules american_calculator_sm

We’re in the throes of winter and countless Canadians spend time in Florida. But Snowbirds have a common misconception that they are limited to a stay of six months in the United States for any calendar year. U.S. immigration rules don’t actually impose such a limitation but allow a Canadian citizen to stay for six months at a time without a re-entry wait period, as long as the person is a temporary visitor. This means a Canadian can potentially stay much longer than six months without running afoul of American laws. However, U.S. laws are not limited to immigration laws. You also have to consider their tax laws and that means the IRS. ... [read more]

Friday, March 08, 2019 @ 1:03 PM

Importance of political friendship Bunch of people

On this International Women’s Day, I want to honour two women in Canadian politics who have dominated the news headlines this week: former cabinet ministers Jody Wilson-Raybould and Dr. Jane Philpott. ... [read more]

Friday, March 08, 2019 @ 12:28 PM

We salute the ‘Notorious RBG’ and Canadian women legal trailblazers women lead men

“Why are you crying, mummy?” asked my 9-year-old daughter out of immense concern for me. I don’t recall the last time she saw me cry. ... [read more]

Friday, March 08, 2019 @ 9:00 AM

International Women’s Day: Empowering a cultural shift in law industry worklifebalance

On Women’s Day 2019, my hopes for the legal profession: that we embrace the need for an intersectional approach; that we appreciate the benefits of diversity; and we focus on those causes that unite us. ... [read more]