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Analysis

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Monday, November 26, 2018 @ 12:46 PM

Rebutting the presumption of care and control handholdingcarkeys_sm.jpg

Everyone knows it’s illegal to drink and drive, and it’s illegal to be in the driver’s seat and start the car when intoxicated. ... [read more]

Monday, November 26, 2018 @ 9:35 AM

New opportunities and risks: How CPTPP might affect Canadian business freightharbour_sm.jpg

In the first part of this article, I advised that the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) met the threshold requirements to enter into force when Australia became the sixth country to ratify the agreement on Oct. 31, 2018. As a result, the CPTPP was expected to enter into force on Dec. 30, 2018, only for the six countries that had ratified the agreement; i.e. New Zealand, Japan, Mexico, Canada, Australia and Singapore. ... [read more]

Friday, November 23, 2018 @ 9:09 AM

Time to start taking the CPTPP trade deal seriously shippingcontainers_sm.jpg

Government departments and stakeholders across industries in Canada are preparing for the entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). With Australia becoming the sixth country to ratify the agreement on Oct. 31, 2018, this ambitious trade agreement has met the threshold requirements to enter into force just a few days before the end of the year on Dec. 30. If Canadian businesses and stakeholders are not already attentive to the upcoming implications of the CPTPP, now is a very good time to start. ... [read more]

Thursday, November 22, 2018 @ 3:12 PM

Preparing for impairment testing with new cannabis rules potbeerroad_sm.jpg

The criminal defence lawyers have been through the abolition of the Carter defence (R. v. Carter [1985] O.J. No. 1390) followed by R. v. Braun [2017]  M.J. No. 128 and R. v. Gubins [2009] O.J. No. 848. It is now the same as the time of the Carter defence, but nothing was done in shoring up the evidence and simply the evidence cannot be shored up because the science is imperfect. ... [read more]

Thursday, November 22, 2018 @ 9:31 AM

Border blockades: Do they make sense? wallwithbarbedwire_sm.jpg

Rajan approached an unofficial border crossing along the Mexican-U.S. border with his hands in the air, expecting to be arrested. His journey from Sri Lanka had been circuitous and dangerous. He left behind what used to be a good life before his problems began. He was managing a store and his wife recently gave birth to their son. At the border, Rajan requested asylum and was taken into custody. ... [read more]

Wednesday, November 21, 2018 @ 1:13 PM

Workplace criminal liability: Businesses and their lawyers should be taking note blocksmashing_sm.jpg

Earlier this year, the owner of an excavation company was convicted of manslaughter for the death of a worker at a job site. Two months ago, that owner was sentenced to an 18-month jail sentence that is to be followed by two years’ probation. The case was R. c. Fournier [2018] J.C. no. 8784. ... [read more]

Wednesday, November 21, 2018 @ 9:44 AM

Canada implements bail-in regime for banks Canadianbanks_sm.jpg

Canada’s bank recapitalization (bail-in) regime came into effect on Sept. 23. The bail-in regime provides the government of Canada with a statutory power to direct the Canada Deposit Insurance Corporation (CDIC) to convert, in whole or in part, specified eligible instruments of a domestic systemically important bank (D-SIB) into common shares of the D-SIB (or its affiliates) in the highly unlikely event that a D-SIB becomes non-viable. ... [read more]

Tuesday, November 20, 2018 @ 12:26 PM

Where auto insurance meets autonomous cars Interior autonomous car

With the advent of autonomous vehicles quickly approaching, auto insurers have been considering and developing insurance products that take into account this new technology. ... [read more]

Tuesday, November 20, 2018 @ 9:39 AM

Removal of estate trustees: How, why and if manalmostfallingoffcliff_sm.jpg

Throughout the course of the administration of estates a dispute can arise between the estate trustees and beneficiaries. Often these disputes relate to a lack of the beneficiaries being informed, the lack of an accounting or, in more serious cases, the mismanagement or misappropriation of estate funds by the estate trustee. ... [read more]

Monday, November 19, 2018 @ 2:10 PM

Questions raised after police find bags of pot after legalization Bagofpot.jpg

Marijuana possession is now legal in Canada effective Oct. 17, 2018. But a Whitby driver greatly exceeded the new 30-gram limit and is facing charges after police seized 44 kilograms of marijuana from his car. ... [read more]