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Wednesday, July 24, 2019 @ 2:36 PM

Cognitive biases, heuristics in everyday legal practice Two blue heads

Given our profession is one that operates in a system that, quite literally, is defined by decisions, scientific research about decision making can have profound implications on the practice and the study of law. ... [read more]

Wednesday, July 24, 2019 @ 11:40 AM

Tax Court of Canada pilot project aims to increase access to justice Calculator with word tax

The Tax Court of Canada will soon conduct a pilot project, called a Preliminary Ruling Docket (PRD), which will offer a more expeditious, cost-effective way to obtain a preliminary ruling from the Tax Court. The opinion would not be binding on the parties. ... [read more]

Wednesday, July 24, 2019 @ 11:02 AM

Amending PIPEDA: Case for accountability above consent Mapleleafbriefcase

Call it pre-poll posturing or a latecomer to the party, but Canada’s Digital Charter, released by the federal government in May this year, makes the right noises. That is, if you look at it solely as a precursor to what is hopefully relevant and well thought out lawmaking in future. ... [read more]

Wednesday, July 24, 2019 @ 8:31 AM

Powers of attorney and advanced care planning: Disability power_of_attorney_sm

An estimated one in five Canadians (or 6.2 million) aged 15 years and over had one or more disabilities that limited them in their daily activities, according to new findings from the 2017 Canadian Survey on Disability. Statistics Canada reports that one in three Canadians will experience some form of disability lasting more than 90 days during their lifetime. While there are no helpful statistics on what proportion of persons with disabilities require an alternate decision maker to assist with property management or personal care/medical decisions, it is safe to say a significant percentage do or will. ... [read more]

Tuesday, July 23, 2019 @ 2:47 PM

Proposed changes to tax treatment of stock options could affect support payments Stock certificate

Federal Finance Minister Bill Morneau tabled his fourth budget this March, which may impact the tax treatment of employee stock options. If your client pays child or spousal support, you may be wondering how these changes will affect their payment obligations. Although the employee’s taxable income will increase significantly, their line 150 income will remain unchanged and support calculations could even decline. ... [read more]

Tuesday, July 23, 2019 @ 12:23 PM

Labour board finds placement agency to be employer sixheadsillhoute

The line between independent contractors and employees can often be blurred. Not only are contract and temporary workers more common than ever in today’s workforce, independent contractors also use a variety of legal structures to take advantage of business tax breaks. So, while some independent contractors are incorporated, others remain sole proprietors. This makes determining who is entitled to employment standard protections, and who is not, more challenging.   ... [read more]

Tuesday, July 23, 2019 @ 8:30 AM

Judges lead cross-border commercial courts co-operation international_law_sm

Important developments in cross-border co-operation among commercial courts have been taking place over at least the past four years, largely under the radar of many lawyers and judges. ... [read more]

Monday, July 22, 2019 @ 2:37 PM

International considerations concerning trademarks airplanes stylized

Although much has been said about global brands, the fact remains there are relatively few of them. It has been observed that despite the alleged homogenization of the world market, less than four per cent of the numerous brands owned by six of the world’s most powerful consumer goods companies, Procter & Gamble, Nestle, Kraft, Colgate and Quaker could be classified as global brands. Notwithstanding this observation the fact remains that many brand owners have expanded or are considering expansion of their brands to additional countries. This article will deal with some of the matters that must be considered. ... [read more]

Monday, July 22, 2019 @ 12:47 PM

Nova Scotia: Aquaculture as part of our culture fish

The potential in Atlantic Canada of economically sustainable aquaculture has been well documented but getting the business to flourish remains a challenge and yet an opportunity for the governments in this region. ... [read more]

Monday, July 22, 2019 @ 11:49 AM

Evolution of bad faith claims in Canada House on fire

The notion of what is deemed to be appropriate conduct in the context of insurance claims has been refined by repeated challenges in Canadian courts. Over the years, insurers have faced bad faith allegations for various types of conduct in handling their respective insured’s claims, which can impact them not only by way of punitive damages but can also tarnish their reputations by the negative publicity surrounding such actions. ... [read more]