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Thursday, January 31, 2019 @ 12:40 PM

Successful Milne decision appeal a comfort to estate law practitioners wills_looking_sm

The Divisional Court released its decision on the Milne appeal on Jan. 24, 2019, (Milne Estate (Re) 2019 ONSC 579). The court asserted that the premise upon which the application judge’s decision was based — namely that “a will is a form of trust” — is not correct as a matter of law. The court observed that a will may contain a trust, but that this is not a requirement for a valid will. Instead, a will is simply an instrument which, subject to certain formalities of execution, provides for the disposition of a person’s property on death. ... [read more]

Thursday, January 31, 2019 @ 9:13 AM

Views about Drake’s 6IX trademark dispute Duellingmics_sm.jpg

If you represent Drake’s company, October’s Very Own IP Holdings (OVO), and you’re opposing registration of the trademark “6IX” by a local Toronto DJ, and you think it’ll be a slam dunk because Drake (the Raptors’ global ambassador) has been synonymous with the 6IX since the 2014 announcement of his original album title Views from the 6 — think again! ... [read more]

Wednesday, January 30, 2019 @ 11:44 AM

Couples join less in holy matrimony and more in heavenly ignorance Bride&Groom_sm.jpg

The 2019 Metro Convention Centre Canada’s Bridal Show had an unexpected visitor; namely, the family law firm of Gelman and Associates. They registered a booth, sat down in pairs and watched happy couples walk by and stare at them in bewilderment. ... [read more]

Wednesday, January 30, 2019 @ 8:25 AM

Oppression Remedy: The two-step BCE Test explained unfair_fight_sm

The oppression remedy is easy to claim. A claimant must only meet the low bar of unfairness. As it appears to arise from any unwelcome conduct, and the breadth of the statutory language makes it easy to apply to a broad range of conduct, it can be appended to any corporate misconduct claim. It is typically used in actions involving closely held corporations. ... [read more]

Tuesday, January 29, 2019 @ 11:21 AM

What we can learn from On the Basis of Sex protesterssky

There’s one scene in On the Basis of Sex, the new biopic about Justice Ruth Bader Ginsburg, that I can’t get out of my head. It shows a younger RBG (as she’s now affectionately known), then a law professor at Rutgers, purposefully striding through a crowd of anti-Vietnam War protesters to get to her lecture. ... [read more]

Tuesday, January 29, 2019 @ 9:02 AM

New immigration options flowing from CPTPP immigration_approved_sm

On Dec. 30, 2018, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) came into force, opening new avenues for immigration for citizens of member countries. ... [read more]

Monday, January 28, 2019 @ 2:07 PM

The end of big iron factory exterior

The levelized cost of energy for wind and solar has now dropped below that of hydro. Data on U.S. state electricity generation no longer shows the percentage generated by hydro predicts lower ratepayer prices. It was not so long ago when wind and solar were expensive means of generating electricity. How did this change so quickly? The answer is wind and solar have an inherent industrial advantage over hydropower. ... [read more]

Monday, January 28, 2019 @ 12:28 PM

Takeaway in burger wars: Bullies lose more often than you might think bigguysteppingonlittleguy

There is a lot of brouhaha in the global media this month about the defeat of McDonald’s Big Mac trademark in the European Union (EU) by an Irish fast food chain called Supermac’s. The story is being bandied around as a classic “David and Goliath” fight where the little guy has won and beaten the odds. In reality, the story behind it is a bit more complex. Nevertheless, the real takeaway here is the fact that aggressive trademark owners like McDonald’s often lose to smaller rivals because, just like Goliath, they don’t recognize their own weaknesses. ... [read more]

Monday, January 28, 2019 @ 9:31 AM

Elder care and the newest tort elder_helper_sm

When I first read the news item regarding the five Manitoba families that had launched litigation against a retirement home health care corporation, I thought immediately about my own experience as a son, and a son-in-law dealing with aging and infirm loved ones. I also thought of my mediation practice where these kinds of cases are starting to trickle in and thinking about the litigation setting. ... [read more]

Monday, January 28, 2019 @ 8:57 AM

Homebuyers beware: Sellers could be eavesdropping listening_in_sm

In mid-January, Juliana Webster, a real estate agent based in Hamilton, talked to the CBC about two of her clients using audio and video surveillance to eavesdrop on potential home buyers. ... [read more]