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Friday, November 03, 2017 @ 8:37 AM

Ontario’s Commercial Mediation Act, 2010: Too important to ignore, too ineffective to keep

Six years ago, I enthusiastically blogged about the first anniversary of Ontario’s Commercial Mediation Act, 2010 (CMA), which I called “The Most Important Legislation You’ve Never Heard About.” I naively hoped the situation would soon change. Sadly, I am willing to bet that many readers of this article have still never heard of the CMA. Yet it is vital and powerful legislation. However, ignorance of the CMA may be due, in part, to its limited scope — and even its name. That’s a shame, as it represents a lost opportunity and it may, therefore, be time to reform, or replace, the CMA. ... [read more]

Friday, November 03, 2017 @ 8:32 AM

DECEPTIVE MARKETING - Legislation - Business Practices and Consumer Protection Act

Appeal by the defendant, Coast Capital Savings Credit Union, from certification of a class proceeding brought by the plaintiff, Finkel. ... [read more]

Thursday, November 02, 2017 @ 1:22 PM

Lawyers among appointees to OSC committee

The Ontario Securities Commission (OSC) named a number of legal practitioners among the members of its small and medium enterprise committee (SMEC). ... [read more]

Thursday, November 02, 2017 @ 10:34 AM - Last Updated: Thursday, November 02, 2017 @ 6:13 PM

Presence of Indigenous sacred sites doesn’t bar ski development, SCC rules Gregory Tucker

The Supreme Court has specified new limits for the scope of the s. 2(a) Charter right to religious freedom, but has not slammed the constitutional door shut on protecting sites on public lands that are sacred to Indigenous spiritual belief and practice. ... [read more]

Thursday, November 02, 2017 @ 9:23 AM

New Ontario bail directive applauded, but more change needed in system, observers say Faisal Mirza

The Ontario government has issued a new directive aimed at making the bail system faster and fairer, a development legal observers are calling an important step but also note a lot of work needs to be done to achieve those goals. ... [read more]

Wednesday, November 01, 2017 @ 11:31 AM

Stikeman Elliott welcomes back Nixon as partner

Margaret Nixon, a former associate with Stikeman Elliott LLP, has returned to the business law firm as a partner in the tax group. ... [read more]

Tuesday, October 31, 2017 @ 1:56 PM

LSUC explains statement of principles, diversity policy at information session

New annual reporting requirements regarding a statement of principles and a human rights diversity policy have some legal professionals confused about their obligations, but the response from the law society is clear — all Law Society of Upper Canada licensees are expected to have a statement of principles. ... [read more]

Monday, October 30, 2017 @ 3:11 PM

‘Vast array of people’ could challenge Quebec's Bill 62, lawyer says Jeremy_Little_sm

Quebec public employees opposed to Bill 62 have “a number” of paths to legal recourse should they refuse to enforce the controversial neutrality law, lawyers say. ... [read more]

Monday, October 30, 2017 @ 9:31 AM

Law society faces pushback on diversity initiative, to host information session Joseph Groia sm

The Thought Police from George Orwell's 1984, McCarthyism, loyalty oaths and Big Brother are some phrases brought up by lawyers upset with the Law Society of Upper Canada’s (LSUC) recent requirement for legal professionals to sign a statement of principles on diversity.   ... [read more]

Friday, October 27, 2017 @ 2:17 PM - Last Updated: Friday, October 27, 2017 @ 5:09 PM

SCC refuses 5-4 to expand banks’ defence to conversion claims Abella

In a 5-4 split, the Supreme Court of Canada has declined to reconfigure its long-standing approach to the statutory defence to the tort of conversion to make it easier for financial institutions to avoid liability when they inadvertently cash fraudulent cheques. ... [read more]