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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]

Friday, October 27, 2017 @ 1:33 PM

NEGOTIABLE INSTRUMENTS AND BILLS OF EXCHANGE - Bills, cheques and notes - Liabilities of parties

Appeal by Teva Canada Limited (Teva) from a judgment of the Ontario Court of Appeal setting aside a decision concluding that the respondent banks were liable for conversion. ... [read more]

Friday, October 27, 2017 @ 8:52 AM

New tax proposals: Sprinkling income, family members and private corporations family_income_sm

Ninety days was the time between the federal tax proposals of July 18 and the October 16 announcement that the small business tax rate was being reduced from 10.5 per cent to 9.0 per cent, and the draconian income sprinkling rules were being simplified. On the latter issue, the strategy concerns sprinkling income among family members using private corporations. ... [read more]

Friday, October 27, 2017 @ 8:45 AM

Financial experts divided on new national securities regulator Harvey Naglie

Plans to launch a new securities regulator next year are both premature and flawed, according to a new report from the C.D. Howe Institute in Toronto. In its current form the proposed Capital Markets Regulatory Authority (CMRA) is significantly compromised and lacks the clout to unilaterally impose its authority across the country, a fundamental necessity of a single regulator, author Harvey Naglie argues in his report, “Not Ready for Prime Time: Canada’s Proposed New Securities Regulator.” ... [read more]

Friday, October 27, 2017 @ 8:35 AM

Early evidence gathering helps with challenge of proving workplace sexual harassment

Successfully proving sexual harassment is a highly difficult task for any seasoned lawyer. In the civil context, the complainant bears the onus of proving that the sexual harassment occurred on a balance of probabilities. While this is a far less rigorous evidentiary standard than in the criminal context, convincing an adjudicator that unwelcome sexual harassment more likely than not occurred is, in most cases, far from a slam dunk. ... [read more]

Friday, October 27, 2017 @ 8:28 AM

CONTRACTS WITH CROWN - Formation - Request for proposals

Application by the Crown for judicial review of a decision by the Canadian International Trade Tribunal (Tribunal) in favour of the respondent, Springcrest. ... [read more]