Focus On

Business

Latest

Tuesday, January 21, 2020 @ 3:09 PM

The dreaded prenuptial agreement: It’s the family’s business | Phil Kriszenfeld

The “prenup agreement” is one of the many uncomfortable topics that may (and should) be brought up before a family member gets married. Ideally it should be brought up before the ring is even purchased. ... [read more]

Tuesday, January 21, 2020 @ 12:37 PM

One new partner, one returning partner for Affleck Greene McMurtry

Affleck Greene McMurtry LLP announced that Chris Somerville has joined the partnership and partner Kyle Peterson has returned to the firm. ... [read more]

Tuesday, January 21, 2020 @ 10:19 AM - Last Updated: Tuesday, January 21, 2020 @ 11:18 AM

SCC’s Wagner, Moldaver and Martin key to majorities in 2019 as top court divides in most judgments TLD Exclusive

Justices Michael Moldaver and Sheilah Martin and Chief Justice Richard Wagner were at the core of most Supreme Court of Canada majorities in 2019, an analysis of the nine judges’ voting patterns by The Lawyer’s Daily reveals. ... [read more]

Monday, January 20, 2020 @ 3:18 PM

Be mindful when breach of broker’s duties occurs Man with long nose dollar sign

A recent case from Alberta, Duraguard Fence Ltd. v. Badry 2019 ABQB 783, warns of the dangers of breaching broker duties when an insurance broker fails to consider the insured’s loss history and foreseeable claims while placing insurance coverage. ... [read more]

Monday, January 20, 2020 @ 11:58 AM

New Toronto partners for Dickinson Wright

Dickinson Wright LLP announced the election of Philip Aubry, Tracy Bergeron and Sahar Cadili as new partners in the firm’s Toronto office, effective Jan. 1, 2020. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Monday, January 20, 2020 @ 8:36 AM

Statutory damages in franchise disputes scales_money_sm

Statutory damages under provincial franchise legislation provide for rescission reimbursement, damages caused by misrepresentation or failure to comply with disclosure obligations, damages for breach of the duty of fair dealing and damages for breach of the right to associate. ... [read more]

Friday, January 17, 2020 @ 1:54 PM

Will carbon majors have to pay for climate damage? It’s quite possible Earth melting to water

When at risk of being forced to act by the courts, Canadian governments may choose to make the carbon majors pay instead of taxpayers. Governments have many ways to make the carbon majors pay for climate damage, including administrative orders under existing legislation. But is there a more direct route? ... [read more]

Thursday, January 16, 2020 @ 2:03 PM

Shift from shareholder to stakeholder is upon us | Helle Bank Jorgensen

World leaders will soon be gathering in Davos, Switzerland, for the World Economic Forum. This year’s conversations will focus on strategic topics, including stakeholder responsibility, climate change, inequality and the stability of the world economy — the theme of this year's meeting being “Stakeholders for a Cohesive and Sustainable World.” ... [read more]

Thursday, January 16, 2020 @ 11:01 AM

Lawful duress, abuse of dominant position in obtaining waiver Paperplanes

The recent Quebec Court of Appeal decision Hydro-Québec v. Construction Polaris Inc. 2019 QCCA 990 dealing with unlawful duress and the ensuing annulment of a waiver can be compared with the common law approach. While it is important for the court to determine whether the party relying on the waiver or transaction was in good faith or not as to the legality of its actions, bad faith remains an elusive evidentiary concept in a commercial context. ... [read more]