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Thursday, October 05, 2017 @ 9:43 AM

Property dispute involving cultural group highlights law governing associations

Back-and-forth litigation illustrates challenges that arise when branches want to break from their parent organizations. Courts have found that the concepts of reasonableness, fairness and common sense should be given significant weight in cases that often involve many obscurities in the law. ... [read more]

Thursday, October 05, 2017 @ 8:48 AM

A cautionary tale: How Canada Revenue Agency helps U.S. collect taxes IRS_sm

American citizens and green card holders living in Canada should file their U.S. taxes, or face the consequences. A case involving a U.S. citizen living in Canada who was ordered to pay a hefty penalty in U.S. district court serves as a cautionary tale. ... [read more]

Wednesday, October 04, 2017 @ 10:38 AM

Trans Mountain mega-judicial review highlights the politics of intervention Oil tanker

After winning approval from the federal government, the controversial pipeline expansion project is now being challenged in the courts in 16 consolidated applications. For British Columbia, the road to the hearing was anything but smooth, thanks to the Federal Court of Appeal. ... [read more]

Wednesday, October 04, 2017 @ 9:10 AM

B.C. regulators okay registration of Canada’s first cryptocurrency fund manager Bitcoin

The British Columbia Securities Commission (BCSC) has granted investment fund manager registration to First Block Capital Inc., a Vancouver-based investment firm focused on providing investment exposure to the emerging digital currency asset class.  This registration makes First Block the first registered investment fund manager in Canada dedicated solely to cryptocurrency investments. ... [read more]

Tuesday, October 03, 2017 @ 11:00 AM

Why custody disputes end in tragedy — and how children can be protected

A recent case in Quebec that involved abduction and death illustrates how despite the presence of laws and procedures, the legal system is often helpless when family breakdown spirals out of control. ... [read more]

Tuesday, October 03, 2017 @ 8:34 AM

Copyright decisions provide nuanced look at paywall-protected news articles Blacklock_copyright_sm

An Ottawa-based subscription news service has received two very different judgments from the courts regarding unauthorized access to its paywall protected articles. ... [read more]

Monday, October 02, 2017 @ 9:28 AM

Non-plan-sponsor held liable for pension plan deficit Pension_defecit_sm

In Tibbett & Britten Group Canada Inc. v. Sobeys Inc. 2016 ONSC 643, the Ontario Superior Court of Justice held that the successor of the seller of a business was contractually liable to fund the wind-up deficit of the purchaser’s pension plan. ... [read more]

Monday, October 02, 2017 @ 7:50 AM

A lawyer’s role in estate disputes includes encouraging settlement when reasonable

Clients may think they want their estate litigator to be a shark, but with the vast majority of cases settling before trial, what they really need is someone who can effectively advocate on their behalf — and that usually means a lawyer who takes the high road. ... [read more]

Friday, September 29, 2017 @ 8:44 AM

The ever-increasing need for data breach notification protocols Data_breach_sm

In Canada, there have been some highly publicized incidents involving the unauthorized access, use and disclosure of personal information, especially as it relates to health records and financial information (i.e., data breaches).  Some of these decisions have led to lawsuits, including class action lawsuits. All companies, therefore, should prepare accordingly. ... [read more]

Friday, September 29, 2017 @ 8:37 AM

News aggregators: 'Fair dealing' exception doesn't apply to headlines and leads

In a recent case (Cedrom-SNI inc. v. Dose Pro inc.), the Quebec Superior Court issued an interlocutory injunction prohibiting a news aggregation service from reproducing the titles and lead paragraphs of news articles published by three Quebec newspapers. ... [read more]