Focus On

Analysis

Latest

Tuesday, December 17, 2019 @ 1:09 PM

Singapore Convention a big boost for international mediation global_handshake_sm

The mediation of commercial disputes has been common practice in North America for several years, but its popularity has lagged elsewhere, particularly for cross-border disputes. That may change as this past August, the United Nations Convention on International Settlement Agreements resulting from Mediation opened for signature. ... [read more]

Tuesday, December 17, 2019 @ 9:22 AM

Statutory interpretation and ‘ordinary meaning’ of words ordinary_words_sm

One of the ways in which Canadian courts interpret legislation is to analyze the “ordinary meaning” of words. Reference is made to the reader’s first impression of the language, i.e. the meaning that at once comes to mind. ... [read more]

Tuesday, December 17, 2019 @ 8:47 AM

Case a reminder law firms must have comprehensive conflicts system conflict_of_interest_sm

A Federal Court judge, citing Lawson Lundell LLP’s failure to take adequate or timely measures to prevent information confidential to a dispute from being shared internally in the face of a conflict of interest, has disqualified the firm from acting on judicial review applications against the party to whom the information belonged. ... [read more]

Monday, December 16, 2019 @ 1:44 PM

When foreign divorce may not be valid in Canada Hand holding passport and ticket

In other countries, the preconditions for divorce are different than in Canada. Under s. 3(1) of the Divorce Act, a Canadian judge is not permitted to consider an application for divorce unless one of the spouses has been “ordinarily resident” in a Canadian province for at least one year immediately before the application. This however is not the case with all other countries. ... [read more]

Monday, December 16, 2019 @ 1:05 PM

Animals in the pen, farmers in the cell Manmowinggrass.jpg

For many years, Canada had six prison farms. No, this is not a place where animals are sentenced to serve time for bad behaviour, such as the Big Bad Wolf doing time for harassment and destruction of property for blowing houses down or Scar serving a life sentence for regicide. These farms are within federal penitentiaries, where inmates were able to raise livestock and poultry, assist in crop production and harvest the farm, producing milk, cheese, meat, honey, vegetables and more. ... [read more]

Monday, December 16, 2019 @ 12:28 PM

Legal developments with contractors in gig economy Kidworkingonmac3.jpg

Workers who are under a high degree of control are actually employees in the eyes of the law. That is regardless of the fact that they may have been misclassified as independent contractors by their employer. ... [read more]

Monday, December 16, 2019 @ 8:45 AM

Digital asset deep dive: How e-mail affects client’s estate digital_lightbulb_sm

From an estate planning and estate administration perspective, a client’s e-mail is a digital asset and is part of their estate and estate plan. ... [read more]

Friday, December 13, 2019 @ 11:22 AM

Failure to do deal with insured in good faith leads to punitive damages Hands going through forms

A recent disability decision offers a compelling wake-up call for insurers who unreasonably refuse to pay a claim. ... [read more]

Friday, December 13, 2019 @ 9:00 AM

Bad faith in trademark context EU Flag with lock

There have been several recent developments concerning “bad faith” and it seems just a matter of time before we face this issue in Canada. ... [read more]

Friday, December 13, 2019 @ 8:59 AM

Critical immigration terms and conditions for foreign students foreign_students_sm

Acceptance to a Canadian post-secondary school and the approval of a study permit is a celebratory achievement for all foreign students, providing them with excellent opportunities to enhance academic or professional skills and a pathway to permanent residence. ... [read more]