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Tuesday, May 22, 2018 @ 8:55 AM

Definitive deference: How courts treat consultants’ decisions construction_consultant_sm

The consultant’s role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete for interim or final payment, rejecting work which fails to conform to the contract and determining deductions for any defective work. The consultant must be impartial in fulfilling its duties, including its decisions as to entitlement as between the owner and the contractor. This can be particularly difficult where either the owner or the contractor disagrees with the findings. ... [read more]

Thursday, May 17, 2018 @ 2:07 PM

Lobby group, legal experts say taxation of foreign digital companies issue of fairness Bradley Bryan, University of Victoria Faculty of Law

Canadian consumers may have noticed when they pay for international digital services such as Netflix there’s no mention of sales tax. But a group representing small business in Canada says this is unfair to the domestic companies that do pay, and it is pushing the federal government to start collecting. ... [read more]

Thursday, May 17, 2018 @ 9:31 AM

Living in splendid isolation: 10 lessons learned enforcing an Ontario judgment in Mexico mexican flag

This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico. ... [read more]

Thursday, May 17, 2018 @ 8:44 AM

Practical advice on working with a damages expert business_valuation_sm

In commercial civil disputes, it is common to call upon expert witnesses to quantify damages or to value business enterprises that are alleged to have suffered following some failure on the part of a defendant. Interfacing with expert witnesses — giving them instructions, providing to them evidence — can be tricky. ... [read more]

Thursday, May 17, 2018 @ 8:37 AM


Appeal by English and Raydan Transport from a decision dismissing their application to revive Raydan more than five years after Raydan was struck from the corporate registry. ... [read more]

Tuesday, May 15, 2018 @ 11:02 AM

Defining a cannabis industry niche through branding cannabis_branding_sm

As summarized in April’s article, Canada is moving away from prohibition and toward regulation of adult use cannabis for mitigating social and economic harms associated with cannabis. Regulation beyond the Access to Cannabis for Medical Purposes Regulations (“ACMPR”) will build on the inertia, success and good practices of Canada’s regulated medical cannabis market. The ACMPR provide a strong foundation, particularly for cultivation and processing. ... [read more]

Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]

Monday, May 14, 2018 @ 12:46 PM

Investment dealer regulator notes increased fine collection rates despite millions outstanding Fraser McDonald, Allen McDonald Swartz LLP

Canada’s national regulator for investment dealers is saying legislative changes introduced in a number of provinces to increase their ability to collect fines have borne some fruit, and legal experts are saying they expect this trend to continue upward despite an acknowledgment of millions of dollars that remain outstanding. ... [read more]

Monday, May 14, 2018 @ 8:50 AM

Choice to be a sex worker driven by poverty, overregulation of trades | Ryan Handlarski

Ever since the Supreme Court decision in Bedford v. Canada [2013] 3 SCR 1101, 2013 SCC 72, where the bizarre half-measure laws in the Criminal Code around sex work were struck down, sex work has been some kind of a legal grey area: not exactly legal, but with the police mostly turning a blind eye to it. ... [read more]

Monday, May 14, 2018 @ 8:38 AM

Prohibiting cannabis cultivation a high priority for landlords cannabis_growing_sm

For multi-residential landlords in Ontario, the proposed regulatory framework relative to the legalization of cannabis has required some proactive measures to ensure that cannabis cultivation does not occur in rental units in their properties. The proposed cannabis legislation would allow individuals to grow up to four cannabis plants for personal consumption but the legislation does not prohibit cannabis growth in apartment or home rentals. ... [read more]