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Wednesday, July 11, 2018 @ 9:30 AM

In blockchain we trust Manoncomputerchip_sm.jpg

The first thing we do, let’s disintermediate all the lawyers. Imagine a virtuous world where someone says they would do something and then actually did it. Blockchain promises to revolutionize the economy since the need for virtue simply disappears. ... [read more]

Monday, July 09, 2018 @ 8:48 AM

The controversy over Step 6 of Garofoli Garofoli_sm.jpg

In R. v. Garofoli [1990] 2 S.C.R. 1421, Step 6 is a controversial application of an exceptional procedure where the court is clearly struggling to come to a decision that is fair to all parties involved in the case. Step 6 allows the Crown to rely on the unredacted portions of the affidavit or Information to Obtain document (ITO) filed in support of an application for a wiretap authorization or search warrant in defending the warrant’s validity, provided the appropriate steps are taken into consideration to preserve the accused’s right to a fair trial and to make full answer and defence. ... [read more]

Friday, July 06, 2018 @ 9:42 AM

McLachlin named companion of Order of Canada

Former Supreme Court Chief Justice Beverley McLachlin has been named a companion of the Order of Canada. ... [read more]

Friday, July 06, 2018 @ 9:08 AM

The pan-Canadian framework: Setting a price on carbon co2_sign_sm

Carbon pricing forms the central component behind any market attempt to reduce GHG emissions other than using strict command and control regulations. Pricing sends a signal to the marketplace that products or operations relying on extensive carbon use can be less economically efficient than other products or operations that use less carbon. The ability to emit any form of pollution into the environment without restrictions allows polluting entities to externalize those costs. This means that these entities do not have to incur the cost of cleanup while some other neighbour next door, or city or country incurs the eventual cost of that pollution. ... [read more]

Wednesday, July 04, 2018 @ 2:28 PM

Sunrise Propane explosion highlights importance of due diligence gastruck_sm.jpg

The Sunrise Propane explosion in 2008 serves as a stark reminder of the importance of due diligence when conducting business operations that are inherently dangerous to human health and the environment. ... [read more]

Wednesday, July 04, 2018 @ 11:41 AM

Former Competition Bureau Pecman head to join Fasken

John Pecman, the former Commissioner of Competition, leading the Competition Bureau Canada from 2013 to 2018, will join Fasken’s antitrust/competition and marketing group as a senior business adviser in Ontario as of Sept. 1, 2018. ... [read more]

Wednesday, July 04, 2018 @ 8:38 AM

SCOTUS and the right side of history | Jennifer Taylor

The last page of Justice Sonia Sotomayor’s dissent in Trump v. Hawaii is now hanging on my office door. It’s a reminder of two things: First, court decisions are not always right (the majority in Trump v. Hawaii upheld the president’s so-called travel ban, a proclamation imposing “entry restrictions” on, and effectively banning travellers from, several mostly Muslim-majority countries). ... [read more]

Wednesday, July 04, 2018 @ 8:25 AM

In Quebec, time runs out on guilt by association expired_meter_sm

In 9302-9239 Québec inc. (Habitations Mozenco) v. Média QMI inc. 2018 QCCA 846, Quebec’s Appeal Court held that “guilt by association” may be a familiar saying on the street but it is not a legal maxim in the courts. Quebec’s Press Act sets a short, three-month period in which to sue a newspaper for defamation but extends that period to one year if the newspaper article accuses the plaintiff of committing a criminal offence. ... [read more]

Friday, June 29, 2018 @ 11:22 AM

Ontario PC tax platform: Three things you need to know three_things_sm

On June 7, 2018, Ontario altered its course and elected a majority Progressive Conservative (PC) government, under Premier-designate Doug Ford, for the first time in 15 years. For many of us in the tax world, this turn of events may create some uncertainty. The question that arises in the days following the election is, what tax changes will Doug Ford actually implement? ... [read more]

Friday, June 29, 2018 @ 8:51 AM

CORPORATIONS - Distinct legal entity - Exceptions (piercing the corporate veil)

Appeal by the plaintiffs from summary judgment determining that the shares and assets of Chevron Canada were not eligible to satisfy the judgment debt of Chevron Corporation and from the costs award. ... [read more]