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Analysis

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Thursday, January 03, 2019 @ 8:37 AM

Perils of adding a child to your bank account kids_bank_sm

We have heard many times of the advisability or the perils of a person conveying a joint interest in real property to a child in order to facilitate estate administration upon her death or to avoid estate administration tax. Less discussed is the advisability or the perils of placing a child as a co-owner of one’s bank account. ... [read more]

Wednesday, January 02, 2019 @ 2:11 PM

When it comes to evidence, zero plus zero equals zero evidencetape_Sm.jpg

Every lawyer in Canada has heard William Blackstone’s ratio: better that 10 guilty persons escape than that one innocent suffers. Many lawyers may be less familiar with Justice Renee Pomerance’s ratio in R v. Wuschenny 2018 ONSC 6765. An important equation is embedded within her honour’s reasons for decision: “[z]ero plus zero equals zero.” Judges, Crown counsel and criminal defence counsel ought to become equally familiar with Justice Pomerance’s ratio. ... [read more]

Wednesday, January 02, 2019 @ 9:32 AM

A basic primer on the mysteries of the blockchain blockchain_mystery_sm

Blockchain applications introduce certain advantages and efficiencies for businesses, but there are attendant legal issues that must be navigated. ... [read more]

Friday, December 21, 2018 @ 11:08 AM

Happy the unhappy elephant’s rumble for freedom Black elephant

A corporation is a person. If a corporation is a person, why can’t a living, breathing, sentient elephant also be a person? A legal person need not be a human being. Last year in New Zealand, a river was declared to be a person. ... [read more]

Friday, December 21, 2018 @ 9:35 AM

From autonomous cars to smartphone zombies, analysis and opinion highlights of 2018

Here are 16 memorable and outstanding stories from 2018, as selected by The Lawyer's Daily Analysis Editors Richard Skinulis and Peter Carter. ... [read more]

Friday, December 21, 2018 @ 8:40 AM

Ontario’s retail model for private recreational cannabis cannabis_licence_sm

The federal government legalized recreational cannabis on Oct. 17, 2018. Under the Wynne government, recreational cannabis was to be sold through the Ontario Cannabis Retail Corporation, which operates as Ontario Cannabis Store (OSC) online and in retail stores akin to the LCBO. The Ford government changed the legislative landscape of recreational pot in Ontario by introducing a private recreational cannabis store system to be implemented on April 1, 2019. The Alcohol and Gaming Commission of Ontario (AGCO) will regulate and enforce licensees. ... [read more]

Thursday, December 20, 2018 @ 1:54 PM

$22,000 never seemed so low hockeyplayercrop.jpg

In mid-November, the National Hockey League (NHL) and former players of the league reached a tentative non-class settlement regarding concussions sustained during their careers playing hockey. ... [read more]

Thursday, December 20, 2018 @ 10:16 AM

Court ordered therapy at separation time parentstretchingkids_sm.jpg

Separation can be a highly emotional and conflictual journey. Differences in opinions or values that led to arguments during the marriage are often magnified during separation. Separating individuals often find themselves in struggles for power and, sadly, children are used as pawns in their effort to “win” in a game where there are only losers. ... [read more]

Thursday, December 20, 2018 @ 9:22 AM

Immigration with the stars: So you think you can work? immigration_stars_sm

Any foreign worker, regardless of the number of awards and accolades and appearances on magazine covers requires work authorization if they want to work in Canada’s performing arts, film and television industry. Actors, artists, technicians and similar workers in film, television, theatre and radio require work authorization. Yes, this even includes Tom Cruise, Meryl Streep and Steven Spielberg, although Ryan Gosling, Sandra Oh and Jean-Marc Vallee do not require authorization as they are Canadian citizens. ... [read more]

Wednesday, December 19, 2018 @ 9:19 AM

The recriminalization of marijuana mansmokingweed.jpg

Marijuana has been “legalized” in Canada. That means people will no longer be criminally prosecuted for possession, production or distribution of marijuana … right? Wrong. ... [read more]