Focus On



Friday, April 16, 2021 @ 1:38 PM

New test for preservation of property as evidence during litigation Puzzle piece labelled 'evidence'

Interim preservation of property during litigation is dealt with under Rule 45 of the Ontario Rules of Civil Procedure. Under this rule, parties can move for preservation of any property “in question” or “relevant” to a proceeding. In other words, the property sought to be preserved can be the subject matter of the litigation, such as a fund or asset over which ownership is disputed, or property that is relevant to a determination of the claim, such as evidence. ... [read more]

Friday, April 16, 2021 @ 11:40 AM

Damages compensation across various jurisdictions Map of Europe

When a claimant brings a case to court, he or she is hoping that someone appointed by the state and administering justice on behalf of his or her fellow citizens makes things right. ... [read more]

Friday, April 16, 2021 @ 9:15 AM

Who owns copyright in works created by employees? Electric Blue copyright symbol

The decision of the English High Court of Justice raises some interesting issues concerning the ownership of copyright works created by employees (Penhallurick v MD5 Ltd [2021] EWHC 293).   ... [read more]

Thursday, April 15, 2021 @ 1:23 PM

The case of the bankrupt broker Ball in zero slot of roulette wheel

Most people assume that identifying a fraud is simple, especially with respect to an investment scheme. Person A touts a lucrative investment to Person B and promises a double-digit rate of return. Person A even generously offers to provide a similar opportunity to Person B’s family and friends. Person B invests their money, and initially, the returns are high and the investment appears to be doing well. ... [read more]

Thursday, April 15, 2021 @ 1:14 PM

New regime for prudential regulation of investment firms People standing on piles of coins

This is the third instalment of a five-part series explaining the new investment firm regime in the U.K. The new regime for the prudential regulation of investment firms was adopted in 2019 as the new Investment Firms Directive EU 2019/2034 and the Investment Firms Regulation EU 2019/2033, which came into force Dec. 26, 2020. ... [read more]

Thursday, April 15, 2021 @ 12:30 PM

Negotiating expropriation process: Hearing of necessity Road grader

Principally, a hearing of necessity (hearing) is meant to be an opportunity for an owner to lead evidence against the government, in order to demonstrate to an adjudicator (inquiry officer) that an expropriation taking of their land is not “fair, sound, or reasonably necessary.” Such hearings, however, do not deal with issues relating to the quantum of compensation, which is why some owners choose to forgo their right to have one. But, if utilized correctly, preparing for and attending the hearing can offer owners significant strategic and tactical advantages in the expropriation process. ... [read more]

Thursday, April 15, 2021 @ 8:27 AM

Family resemblance: Piercing corporate veil in family, corporate law Magnifying glass and corporate files

Spouses can be shareholders, directors, officers and employees in family-run businesses. When a marriage breaks down and corporations are involved, both family law and corporate law can be engaged in sometimes complementary, sometimes conflicting ways. This is particularly the case with piercing the corporate veil. Parties and counsel involved in these situations should keep both family and corporate law perspectives in mind, or risk being surprised by the approach the court can take. ... [read more]

Wednesday, April 14, 2021 @ 1:26 PM

Big changes for small estates Jar of pennies

On April 1, 2021, the estates law changes from the Smarter and Stronger Justice Act came into effect in Ontario. The result of the bill raised the limit for a small estate to $150,000 and introduced Rule 74.1 in the Rules of Civil Procedure pertaining to the administration of small estates. ... [read more]

Wednesday, April 14, 2021 @ 11:06 AM

Interplay between Clare’s Law in Alberta and amendments to Divorce Act Woman talking to police officer

On April 1, 2021, Alberta followed the lead of Saskatchewan in proclaiming “Clare’s Law.” Only the second province to proclaim the legislation, Clare’s Law aims to prevent domestic violence by giving the victims or potential victims of violence in an intimate partner relationship access to information about the history of a partner’s violence or abuse. ... [read more]

Tuesday, April 13, 2021 @ 2:50 PM

Problem with recordable trials microphone in court

The issue of whether a trial or preliminary hearing can proceed by Zoom has been largely focused on an accused person’s right to attend the trial in person. A judge has the power to determine many aspects of a trial such as allowing testimony to be heard remotely, allowing an accused to appear by video or even if the judge needs to be in the courtroom. ... [read more]