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Tuesday, April 24, 2018 @ 8:16 AM

How to get the most out of your mediation boxing gloves

As a Raptors fan and with the playoffs underway, I’m anxious. Will the Raptors fend off their first round opponent, Washington? What strategies will they employ? Will they play to their strengths, or will they try to negate the Wizards’ strengths? ... [read more]

Monday, April 23, 2018 @ 9:18 AM

Why dissent in arbitration tribunals must be encouraged arbitration_dissent_sm

A number of arbitrations have arbitral tribunals made up of a panel of three arbitrators. This is the case with larger arbitrations or in jurisdictions where there is no right of appeal and the parties want greater legal certainty from numbers. In cases where there is a three-member panel, there is always the possibility of a dissent. However, the role of the dissent in arbitration is not well understood by counsel and requires some clarification. ... [read more]

Friday, April 20, 2018 @ 9:42 AM

At divorce time, should Rover be treated like child or chattel? divorcedog.jpg

The ethical treatment of animals has been a continuing trend in modern times, but have we now reached a point where in family law, courts may start considering the best interests of the family pet in deciding who gets custody of the dog or cat in a divorce? If the dissenting judge in a recent decision from the Court of Appeal of Newfoundland and Labrador has her say, our courts may be moving in this direction. ... [read more]

Friday, April 20, 2018 @ 7:53 AM

How legalized cannabis could affect residential home transactions cannabis_growop_sm

Most buyers and sellers will be familiar with the standard agreement warranty by sellers that, during the time that the seller has owned the property, the seller has not caused any building to be insulated with Urea Formaldehyde Foam Insulation (UFFI) and that to the best of the seller’s knowledge no building contains or has ever contained UFFI. As practitioners, we also occasionally see a warranty of a similar nature, which has the sellers provide assurances to the buyers that they are not aware of any illegal use of the property. This provision has generally been intended to provide assurances to the buyers that the house has never been used as an illegal cannabis grow op. ... [read more]

Thursday, April 19, 2018 @ 12:12 PM

Strengthening the new environmental impact assessment law pipeline2.jpg

Where a resource extraction approval faces stubborn opposition, cue the laments for the rule of law. The project faced and bested a phalanx of legal hurdles, say proponents. It has navigated byzantine regulatory requirements and survived court challenges. Why can’t opponents accept the lawful results? After all, that’s why we have laws: to settle controversies with logic and evidence rather than messy political fracases. ... [read more]

Thursday, April 19, 2018 @ 9:05 AM

Quebec clarifies rules for sharing commercial information between litigants sharing_information_sm

The Quebec Superior Court took the opportunity to use old measures to encourage new solutions, ordering parties to shield sensitive commercial information transmitted by one litigant to a joint expert. ... [read more]

Wednesday, April 18, 2018 @ 12:14 PM

Making claim subrogation work despite bankruptcy Colville_Reeves_bankdruptcy

What’s in a name? Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings. This is the circumstance faced by the insurer in Douglas v. Stan Fergusson Fuels Ltd. 2018 ONCA 192. What would have otherwise been a garden variety oil spill subrogated action was complicated by ongoing bankruptcy proceedings involving the insureds. ... [read more]

Wednesday, April 18, 2018 @ 9:02 AM

Privacy and the Charter: Assessing the right to be forgotten online_removal_sm

The so-called “right to be forgotten” (RTBF) has recently attracted interest in Canada. Some legal scholars have argued that the RTBF is fundamentally incompatible with the Charter of Rights and Freedoms and could never survive a constitutional challenge. ... [read more]

Tuesday, April 17, 2018 @ 8:36 AM

Adult-only condo age restrictions removed in Alberta adults_only_sm

Whether you are an empty nester looking to downsize, or a senior desiring to live with similarly aged people, a criteria in your condominium or apartment hunting may be that the building is age restricted. In other words, you might desire to live in a building that only permits owners and occupants of a certain age. ... [read more]

Tuesday, April 17, 2018 @ 8:26 AM

Judgment Day: Employer penalties for IRPR non-compliance employer_penalty_sm

It has been over two years since the employer compliance regime under the Immigration and Refugee Protection Regulations (IRPR) came into effect. Employers are being audited at a rate of at least 25 per cent, and many are still taken aback by the significant penalties resulting from a finding of non-compliance during an audit. ... [read more]