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Wednesday, May 03, 2017 @ 8:48 AM

How Trump’s 'Buy American, Hire American' impacts cross-border companies

The presidential executive order on “Buy American and Hire American” immediately impacts Canada-U.S. trade potentially more than any action or tweet issued by U.S. President Donald Trump during the first 100 days of his administration. Contrary to various media reports, the executive order is more than just an internal study of government procurement policies (“Buy American”), or limited to highly skilled foreign workers (“Hire American”). ... [read more]

Tuesday, May 02, 2017 @ 7:11 AM

Contingency fees ensure access to justice

Contingency fees, where lawyers charge a percentage of the damages recovered, are synonymous with access to justice. This fact has been repeated by numerous Courts at all levels. So why are contingency fees recently under attack on numerous fronts, and why would anyone want to restrict access to justice? ... [read more]

Tuesday, May 02, 2017 @ 7:04 AM

Unlocking the power of relational data to improve collaboration

We are experiencing a data scientific revolution in HR right now. That means that big HR problems are being addressed by new sources of higher quality data, and those data are being cultivated into actionable business intelligence for companies wise enough to incorporate next generation HR tech into their toolkits. One of the biggest ways in which this revolution is being staged is by the gathering and evaluation of relational data. ... [read more]

Monday, May 01, 2017 @ 9:11 AM

Manitoba First Nations housing solution stymied by section 95

There is a Square Timber Housing Proposal sitting on Canada's Minister of Indigenous and Northern Affairs, Minister Carolyn Bennett's, desk. The proposal presents a plan to tackle Northern and Remote Manitoba's housing issues, specifically using Mathias Colomb Cree Nations and Berrens River Manitoba as the leader communities in this effort. The goal of the proposal has been to secure CMHC Section 95 funding to build high quality square timber homes in Berren’s River and Mathia Colomb Cree Nation, within the current funding allocations available to Manitoba First Nations. This project demands attention, but has yet to receive any. ... [read more]

Monday, May 01, 2017 @ 8:58 AM

Softwood lumber duties seen as Trump’s opening salvo on NAFTA Softwood lumber

On April 24, the U.S. Department of Commerce announced preliminary countervailing duties (CVDs) on Canadian lumber imports. Among the investigation respondents, West Fraser received the highest rate of 24.12 per cent, followed by Canfor at 20.26 per cent, Tolko at 19.5 per cent, Resolute at 12.82 per cent and J.D. Irving at only 3.02 per cent. All other producers in Canada will be subject to the “all others rate” of 19.88 per cent, which is a weighted average of the CVDs levied on the respondents. The commerce department noted in its release that imports of softwood lumber from Canada were valued at an estimated $5.66 billion in 2016. ... [read more]

Friday, April 28, 2017 @ 8:47 AM

When real estate projects become insolvent

This is the first of a series of three articles that address issues when a real property developer becomes insolvent. ... [read more]

Thursday, April 27, 2017 @ 8:37 AM

Emotional intelligence and the art of negotiation

A few years according to negotiator coach Jim Camp, neuroscientist Antonio Damasio made a ground-breaking discovery. He studied people with damage in the part of the brain where emotions are generated. He found that they seemed normal, except there was one peculiarity, not only were they unable to feel emotions, they were also unable to make decisions. According to Camp, this finding has enormous implications for lawyers who spend most of their time negotiating. Lawyers who believe they can build a case for their side using reason and logic alone are doomed to be poor negotiators as they don’t understand or appreciate that the real factors driving the other party to come to a decision, aren’t based on logic, but rather on emotion. ... [read more]

Wednesday, April 26, 2017 @ 8:49 AM

Privacy laws struggle with ‘smartphones on wheels’ WiFi car

In late March 2017, the Office of the Privacy Commissioner of Canada (OPC) appeared before the Senate Committee on Transportation and Communications to discuss some of the privacy issues associated with connected and automated vehicles. Over the past few years, the OPC and other organizations have been studying the privacy concerns surrounding connected and automated cars. However, as of yet, there are no comprehensive policies addressing privacy and modern automobiles. ... [read more]

Tuesday, April 25, 2017 @ 2:51 PM

Inside the in-house counsel revolution

The core mission of the modern, global corporation is the fusion of high performance with high integrity and with sound risk management. The ideal of the modern general counsel is a lawyer‐statesman who is an acute lawyer, a wise counsellor and company leader and who has a major role assisting the corporation achieve that fundamental goal of global capitalism. For the lawyer-statesman, the first question is: “is it legal?” But the ultimate question is: “Is it right?” ... [read more]

Tuesday, April 25, 2017 @ 12:56 PM

Enforcement the key to a lawyer referral fee cap

The end to excessive lawyer referral fees may be as near as April 27 when the Law Society of Upper Canada will vote on capping referral fees paid to all referring lawyers/paralegals for referral arrangements entered into on or after May 1, 2017. ... [read more]