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Friday, January 26, 2018 @ 9:35 AM

Decision to be or not to be a U.S. citizen or permanent resident can’t be made lightly

Whether to become or remain a U.S. citizen or green card holder is a strategic decision that can be quite complex, depending on the client’s circumstances. Counsel need to be aware of the risks and rewards when advising clients. ... [read more]

Friday, January 26, 2018 @ 8:43 AM

Litigation beyond Tax Court: Injunctions, appeals and mandamus orders

The Tax Court has two procedural veins, general and informal, and the Federal Court of Appeal’s (FCA) ability to hear an appeal is constrained by the procedure chosen. Specifically, an appeal lies to the FCA from informal procedure at Tax Court only on the limited grounds set out in s. 27(1.3) of the Federal Courts Act. Some of the grounds are quite specific, such as basing a decision on an erroneous finding of fact that it made in a perverse or capricious manner while other grounds are broader, such as failure to observe a principle of natural justice or procedural fairness. ... [read more]

Friday, January 26, 2018 @ 8:33 AM

Proving incapacity to marry the key to fighting predatory marriages predatory_marriage_sm

A “predator” is defined as an animal or person that hunts a weaker animal or person. This term has begun to apply to caregivers for vulnerable seniors who exploit their position of trust. ... [read more]

Thursday, January 25, 2018 @ 8:53 AM

Enforcement of positive covenants on subsequent owners positive_covenants_sm

Ontario real estate lawyers will be familiar with the seminal case regarding the rule that positive covenants, that is, the obligation to expend money or do some positive act, will not bind subsequent owners despite any provisions in the creating document to the effect that such subsequent owners are bound. ... [read more]

Wednesday, January 24, 2018 @ 9:35 AM

The past year saw significant insurance cases, and 2018 promises the same

Changes to Canada's marijuana laws and self-driving cars are just two of the issues to watch as the year unfolds, making it vital for the insurance industry, and the laws governing the industry, to keep pace. ... [read more]

Wednesday, January 24, 2018 @ 9:23 AM

Kernicterus: A rare, preventable but potentially devastating complication red_bloodcells_sm

The recent court case, Ghiassi (Litigation guardian of) v. Singh 2017 ONSC 6541 focused on a rare, but serious complication of newborn jaundice; kernicterus. This case involved a preterm, male infant of East Indian descent who developed kernicterus in the hospital setting. The nurses were deemed liable for damages for failing to recognize and report signs of worsening jaundice. ... [read more]

Wednesday, January 24, 2018 @ 8:25 AM

Valuation of IP based on a royalty stream

Challenges arise in the valuation of intellectual property (IP) due to a number of factors, including: difficulties in estimation of cash flows to be generated from the IP’s use or licensing, particularly for early-stage or disruptive IP; tax considerations due to the ease of migration of IP; and selection of an appropriate discount rate and the quantification of risk. ... [read more]

Tuesday, January 23, 2018 @ 9:32 AM

Yes summary judgment is fast, but not always best for wrongful dismissal your're_fired_sm

When the Supreme Court in Hryniak v. Mauldin  2014 SCC 7 rewrote the law on summary judgment, it opened the doors to a fast and cost-effective method of obtaining judgment for terminated employees. Since then, courts across Canada have specifically recognized that straightforward wrongful dismissal cases are particularly well-suited for summary judgment. However, the Ontario Court of Appeal has repeatedly scaled back the option of summary judgment. ... [read more]

Tuesday, January 23, 2018 @ 9:28 AM

When is the right to sue for damages from historic contamination lost?

The discovery of historic contamination can be problematic for a plaintiff in Alberta, a jurisdiction with a 10-year ultimate limitation period. But what if the contamination was caused by a previous operator at the property decades ago? The Alberta Court of Queen’s Bench recently considered this issue. ... [read more]

Monday, January 22, 2018 @ 8:40 AM

Dementia: The new frontier of criminal justice dementia_crime_sm

On the morning of October 4, 2016, 85-year-old Fred van Zuiden stood alone before a justice of the peace in a Calgary courtroom. He was wearing a blue prison jumpsuit and appeared confused. He had no lawyer. Hours earlier, Mr. van Zuiden had allegedly murdered his wife of 56 years. Police had found her dead from blunt force trauma. Mr. van Zuiden was eventually found unfit to stand trial. A psychiatrist testified that while in custody the elderly man had thought that corrections and medical staff were Nazis, or hiding in the war with him. The doctor also testified that he expected Mr. van Zuiden’s dementia to remain the same or get progressively worse. ... [read more]