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Tuesday, March 30, 2021 @ 1:35 PM

When in-person appearances are necessary Three people in court

In these trying times of pandemic, lawyers, judges and all justice system participants should be looking to the use of alternative means to proceed. Use of video links, greater use of agreed statements of fact and resolution of issues where possible needs to be encouraged. The Ontario Court of Justice states clearly in its communication that “the Court is committed to facilitating the conduct of proceedings by remote technology (video or phone) wherever possible and urges all judicial officials, parties and counsel to use remote proceedings unless an in-person appearance is required to ensure meaningful access to justice.” ... [read more]

Tuesday, March 30, 2021 @ 11:52 AM

It takes three to tango Three business people behind a desk

Referrals are a great source of business. Whether it’s between friends and neighbours, or from one chamber member to another, or from HR professionals to employment lawyers, it’s all about people trusting you and, by extension, trusting people you trust. You take some of your trust-dust and sprinkle it on someone else. We all know the stereotypes — lawyers are crooks, HR people are pencil pushers, mechanics are out to scam you … except the ones you know. You refer your friends to them. When you tell someone that this person is OK, they are instantly comfortable: no sales pitches, no pressure tactics. ... [read more]

Monday, March 29, 2021 @ 3:12 PM

Basel standards, regulations for international banks operating in United Kingdom People standing on piles of coins

The Basel standards I, II and III are a series of international standards for bank regulation. In a nutshell, Basel pillar I is the enhanced minimum capital and liquidity requirements; pillar II involves an enhanced supervisory review process for firm-wide risk management and capital planning. Pillar III is the simple, transparent, non-risk based leverage ratio, total debt to total capital. This acts as a credible supplementary measure to the risk-based capital requirements that strengthen the regulation, supervision and risk management of the banking sector across the EU.    ... [read more]

Monday, March 29, 2021 @ 2:22 PM

It’s official: Dates for cessation of London Interbank Offered Rate, part two Globe with different currencies around it

As we discussed in our first article of this series, the Financial Conduct Authority (FCA) announced the definitive dates on which all settings of the London Interbank Offered Rate (LIBOR) will either cease or become unrepresentative. ... [read more]

Monday, March 29, 2021 @ 2:03 PM

Negotiating expropriation process: Offers, voluntary conveyances Little house on a person's hand

When the government (Expropriating Authority) decides to take your land in order to complete a public works project, you may be apprehensive about negotiating for additional compensation. After all, it is natural to be afraid of a large, incorporeal entity that is entitled to take your land by statute. Nonetheless, right from the outset of the process, you will need to make important decisions in order to bolster your negotiation position. Initially, these choices will depend largely on whether you are willing to voluntarily give up your land or not. ... [read more]

Friday, March 26, 2021 @ 2:34 PM

Court leaves trail of sour grapes for Locust Lane wineries Deep red wine in a glass

In Hidden Bench Vineyards & Winery Inc. v. Locust Lane Estate Winery Corp. 2021 FC 156, Justice Richard Southcott of the Federal Court issued a judgment on an application brought by Hidden Bench Vineyards & Winery Inc. (Hidden Bench) against neighbouring winery Locust Lane Estate Winery Corp. (LLEW), that sought damages for passing off based on prior rights to the name and mark LOCUST LANE. ... [read more]

Friday, March 26, 2021 @ 1:02 PM

Confidence in virtual proceedings important for justice system Headphone and mike on a laptop

Confidence in virtual proceedings is important for the justice system now that it seems clear that virtual is going to be a part of how civil, criminal and administrative hearings in Canada, and globally, will be conducted long term, even after the COVID-19 pandemic is behind us. ... [read more]

Friday, March 26, 2021 @ 12:25 PM

When prisoners have right to privacy Dejected businessman wearing handcuffs

A detained person, even one who is guilty of an offence, still deserves to be treated with respect and dignity. In R. v. Paterson [2021] S.J. No. 22, the accused was found slumped over in the driver’s seat of a car. Signs of impairment were obvious and substantial. After being arrested and taken to the police station, Christine Paterson found herself in the cells at the police station. ... [read more]

Friday, March 26, 2021 @ 11:21 AM

Alberta court interprets ‘judicial refresh’ of principles governing retroactive child support Books on top of large bills

In a series of important cases, the Alberta Court of Appeal and the Supreme Court of Canada have been engaged in a dialectic on the issue of retroactive child support, signalling a paradigm shift towards the more holistic and less anachronistic: DBS v. SRG 2005 ABCA 2; DBS v. SRG 2006 SCC 37; Michel v. Graydon 2020 SCC 24 and Henderson v. Micetich 2021 ABCA 103. ... [read more]

Thursday, March 25, 2021 @ 2:33 PM

Exceptions to exceptional man in office with white hair and tie

Following the Ontario Court of Appeal’s decision in Dawe v. Equitable Life Insurance Co. of Canada 2019 ONCA 512, notice periods are capped at 24 months. Or are they? If being 73 years old with 55 years cumulative service at the time of termination is not exceptional, what is? ... [read more]