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Analysis

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Wednesday, December 12, 2018 @ 10:34 AM

AI could play a big part in reducing future legal fees AI_research_sm

Recently, the Ontario Superior Court of Justice in the case of Cass v. 1410088 Ontario Inc. 2018 ONSC 6959 commented on the use of artificial intelligence in reducing a successful defendant’s motion preparation costs, notably, the amount of paid resources used to engage in “legal research” prior to the motion. ... [read more]

Wednesday, December 12, 2018 @ 8:57 AM

Privileged yet powerless beneficiary spouse of a family trust

Picture this: your client is one of two beneficiaries of a $10 million discretionary family trust set up by his maternal grandfather. The trustees are your client’s parents. A trust company manages the money through an investment account. ... [read more]

Tuesday, December 11, 2018 @ 9:23 AM

Hidden mental health issues and family law mental

The term “mental health” is now at the forefront in everyday conversations, headlines in the news and government agendas. However, when it comes to family law, more subtle forms of mental health are often overlooked despite them being the difference between an amicable separation and financial disaster. ... [read more]

Tuesday, December 11, 2018 @ 8:43 AM

Even the big stars are in crosshairs of the tax authorities star_crosshairs_sm

Famous Chinese actress Fan Bingbing and one of the stars of the 2014 film X-Men: Days of Future Past, one of the highest-paid actresses in the world, has been ordered to pay almost $130 million by the Chinese government, after she misreported how much money she had received for certain film projects, according to state-run news agency Xinhua. ... [read more]

Monday, December 10, 2018 @ 9:17 AM

Defending dangerous dogs: From death row to public safety Dogonleash_sm.jpg

While municipal and provincial dangerous dog statutes differ throughout Canada, the Vancouver Charter has a fairly standard definition of a “dangerous dog” as one that has killed or seriously injured a person or a domestic animal or one that, in the opinion of an animal control officer, is likely to kill or seriously injure a person. ... [read more]

Monday, December 10, 2018 @ 8:48 AM

Cannabis and the ongoing risks at the border

October 2018 was an exciting time in Canada’s history. As only the second country in the world (and by far the largest) to legalize the recreational use of cannabis, the buzz has been seemingly unending about the personal freedom and business opportunities this move provides to Canadians. However, it is important to realize that real risks still exist for both business people and individuals crossing the border into the U.S., with cannabis remaining on Schedule 1 of the U.S. Controlled Substances Act — which classifies drugs, substances and certain chemicals used to make drugs into five categories/schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential in the U.S. ... [read more]

Friday, December 07, 2018 @ 10:20 AM

Undue influence and testamentary fraud: Both sides of the coin oldparent_will_sm

Where a parent has changed their will late in life to benefit one sibling over others there can often be resentment leading to allegations of impropriety by the disappointed beneficiaries. ... [read more]

Friday, December 07, 2018 @ 9:30 AM

Why courts don’t like to interfere with restrictive covenants

A restrictive covenant may prohibit the uses to which land may be put or may prohibit any building on land. When properly drafted, the covenant will bind the owner and the owner’s successor in title. ... [read more]

Thursday, December 06, 2018 @ 10:52 AM

UK Employer has no legal obligation to defend reputational interest of employee

Employers may be vicariously liable for the acts of employees. Both may be named in a civil action and the employer may be called upon to assume responsibility in defending the claim on behalf of both the employer and the employee. The interests of the employer, however, may not always align with those of the employee. The employer has unique corporate interests to protect, while the employee may have his or her own reputational interests that have no bearing on the employer.   ... [read more]

Thursday, December 06, 2018 @ 8:20 AM

Ontario court limits taxi drivers’ duties to intoxicated passengers seatbeltguys_sm.jpg

The Ontario Superior Court of Justice in Stewart v. Douro-Dummer (Township) 2018 ONSC 4009 recently dismissed an attempt to expand recognized duties of care owed to intoxicated individuals; in this case, duties owed by taxi drivers to their visibly intoxicated customers. In so doing, the court’s decision is aligned with existing statutory limits on duties owed to adult automobile passengers and with the approach taken to the same issue in other common law jurisdictions. ... [read more]