Focus On



Monday, March 30, 2020 @ 1:50 PM

Access to justice means no access to lawyers in small claims division courts_alone_sm

In Respecs inc. v. Marchés Pépin inc. 2020 QCCQ 148, Justice Luc Hervé Thibaudeau zeroed in on pervasive attempts by litigants in small claims division to use lawyers to represent them, despite the clear prohibition against lawyers having such roles. Relying on his and other judges’ interpretation of the Code of Civil Procedure, CQLR c C-25.01 (CCP) provisions adopted for small claims division, he warned that such attempts undermined access to justice initiatives promoted by the legislature. Such attempts upset the balance set for litigants who cannot afford the “luxury” of mandating a lawyer. ... [read more]

Monday, March 30, 2020 @ 1:41 PM

The Northwest Passage: Shaping our way forward, together MapofArctic

Canada’s status as an Arctic nation is made stronger by Inuit use and occupancy of Arctic lands and waters for thousands of years. The success of both Canada’s legal argument to rights over the Northwest Passage and Arctic shipping policy more generally will ultimately depend on the extent to which Canada allows meaningful participation and partnership with Inuit. ... [read more]

Monday, March 30, 2020 @ 9:27 AM

SCC ruling lays foundation for litigation funding as an access to justice tool Agreement and cellphone

The Supreme Court of Canada’s unanimous decision in a corporate insolvency case is the first time the country’s top court has contemplated third-party litigation funding and it’s anticipated that the judgment will provide much-needed guidance for other areas of law, including personal injury. ... [read more]

Friday, March 27, 2020 @ 2:56 PM

How COVID-19 affects child support payments: What to do if support is too expensive Man and woman have no money

In part one, we talked about the fact that courts have been clear that someone who pays child support cannot choose to pay other essentials, like housing, instead of child support. Child support must be paid first. Here are some things a payor can and should do if they find themselves in this situation. ... [read more]

Friday, March 27, 2020 @ 1:08 PM

U.S. antitrust laws, Brexit Brexit

The Office of Fair Trading and the European Commission (commission) were combined into a single authority, Competition and Markets Authority (CMA). The primary duty of the CMA is to seek to promote competition within and outside the U.K. for the benefit of consumers. After Dec. 31, 2020, Brexit will likely result in parallel investigations between the CMA and the Competition Commission (CC). ... [read more]

Friday, March 27, 2020 @ 11:18 AM

Tax tips for non-resident landlords investing in Canadian real estate For rent sign

Many non-residents do not realize that serious income tax repercussions can arise when investing in Canadian real estate. In fact, non-residents are required to pay taxes in Canada under certain circumstances and may even have to file a Canadian tax return. ... [read more]

Friday, March 27, 2020 @ 9:45 AM

To be or not to be appointed estate trustee lastwill_testament_sm

Appointing an estate trustee or executor is one of the most important decisions people will make in their lifetime — strangely for their life after death. In affirming this decision there are several considerations that should be contemplated. ... [read more]

Thursday, March 26, 2020 @ 1:21 PM

Four key actions lawyers can take to mitigate effects of COVID-19 Working from home

COVID-19 has had a dramatic impact on the legal profession in the past few weeks. Courts in many jurisdictions have shut down. Many lawyers and support staff are working from home. Clients are confused. And there is no end in sight. Coping strategies are the key to getting through this difficult time. ... [read more]

Thursday, March 26, 2020 @ 1:19 PM

Managing workplace investigations during COVID-19 pandemic sexharassment

COVID-19 has catapulted us into unprecedented times. Who would have expected to hear of provinces shutting down most court operations until June? Such suspensions lengthen the uncertainty for litigants who may be waiting for a very long time to be heard. In this vein, should workplace investigations continue?  ... [read more]

Thursday, March 26, 2020 @ 10:50 AM

On front lines of COVID-19: The struggle to stay informed Emergency room nursing station

As an OR nurse, my day looks drastically different than it did two weeks ago. All elective and non-essential surgeries have been postponed, so I am answering calls for Telehealth. The phone rings, as it has all day, non-stop. Wearily, I pick up and say, “Good afternoon, Health link, Nurse speaking,” and hear a nervous and frightened woman on the other end. ... [read more]