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Friday, August 02, 2019 @ 11:27 AM

Quebec’s top judge says outreach needed to boost female representation at highest judicial levels TLD Exclusive

Quebec’s top judge tells The Lawyer’s Daily that, in her experience, even the most accomplished female jurists are, generally speaking, more apt than their male counterparts to need encouragement to apply for senior roles in the judiciary. ... [read more]

Friday, August 02, 2019 @ 8:27 AM

In-house counsel should lead charge against legal aid cuts | Julius Melnitzer

The deafening silence from in-house counsel and their professional associations about the Ford government’s $130 million in cuts to Legal Aid Ontario is nothing less than shameful. ... [read more]

Friday, August 02, 2019 @ 6:28 AM

CUSTODY AND ACCESS - Courts - Pleadings

Appeal by the father from two separate rulings in a family law matter. The parties were the parents of a child, age ten, who had resided primarily with the mother since birth. ... [read more]

Thursday, August 01, 2019 @ 11:26 AM

Canada and U.S. are best friends when it comes to tax collecting American and Canadian Hands Shaking

Despite the rhetoric of current protectionist measures, we still live in an interconnected world. Not only do people, goods and services cross the border, but so do taxes. A good example of this interconnectedness is the Canada-U.S. Income Tax Treaty. Because they are friends who do for each other, Article 26A of the treaty allows the two countries to assist each other in the collection of taxes. ... [read more]

Wednesday, July 31, 2019 @ 10:11 AM

INVASION OF PRIVACY - Personal information

Appeal by Universe from an order striking his claim against the respondents, a solicitor and his law firm. ... [read more]

Wednesday, July 31, 2019 @ 9:58 AM

Evolution of bad faith claims in Canada: Key case law since Whiten Car crash

The most common conduct of insurers that is subject to bad faith claims is the type of conduct at issue in two significant British Columbia cases. In 2011, in Sidhu v. The Wawanesa Mutual Insurance Co. 2011 BCSC 1117 the British Columbia Supreme Court awarded $50,000 in punitive damages against the insurer for bad faith conduct. ... [read more]

Wednesday, July 31, 2019 @ 9:14 AM

Powers of attorney and advanced care planning: Property power_of_attorney_sm

Statistics show many Canadians are living with disabilities and many will have a long-term disability. Coupled with our aging population, there is a serious need for everyone to have properly planned for incapacity. Our first article reviewed the legislative framework in Ontario for powers of attorney, reviewed the two most common types in Ontario and discussed what happens if you don’t make powers of attorney prior to becoming incapable. This article considers important issues involving continuing powers of attorney for property. ... [read more]

Tuesday, July 30, 2019 @ 2:36 PM

Coming to courtrooms near you: ‘Mulligan’ doctrine | Lawrence David

A quirky common law doctrine has been bubbling in the lower courts and, thanks to the Supreme Court of Canada’s (SCC) endorsement, is poised to hit the Canadian legal mainstream: this is the “mulligan” doctrine.   ... [read more]

Tuesday, July 30, 2019 @ 11:54 AM

Decision establishes ‘clarification of the defence’ available to LSO against claims, lawyer says

The Ontario Court of Appeal has upheld a lower court decision dismissing claims against the Law Society of Upper Canada, as it then was, noting a provision of the Law Society Act that protects the regulator from claims for damages when it’s acting in “good faith.” ... [read more]

Tuesday, July 30, 2019 @ 11:35 AM

Engaging in illegal cannabis activity may void right to indemnity Cannabis in house

While the possession, distribution and use of cannabis have generally been legalized in Canada, many cannabis-related activities remain forbidden depending on the provincial jurisdiction. These prohibitions can have a significant impact on exclusion clauses relating to illegal activities. In particular, policyholders who engage in such activities may forfeit their right to insurance indemnity. ... [read more]