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Friday, January 25, 2019 @ 9:44 AM

When to protect tax information as legal advice combination_safe_sm

In Canada (MNR) v. Atlas Tube Canada ULC 2018 FC 1086 [Atlas Tube] the Federal Court held that the Canada Revenue Agency was entitled to receive an accounting due diligence report undertaken by a taxpayer in the context of a 2012 corporate acquisition. In doing so the Federal Court took an expansive view of the field of taxpayer information available to the CRA, implicitly underscoring an important advantage that lawyers bring to multidisciplinary teams working on corporate transactions, namely solicitor-client privilege. ... [read more]

Thursday, January 24, 2019 @ 11:38 AM

Pesticides and products liability: American success, Canadian challenge Cropduster.jpg

In August 2018, a verdict of a California jury in Johnson v. Monsanto found Monsanto liable to a groundskeeper who said the company’s weedkiller, Roundup (active ingredient glyphosate), caused his cancer. The jury awarded DeWayne Johnson US$289 million in damages, later reduced to US$78 million by the judge on an appeal by the company. ... [read more]

Thursday, January 24, 2019 @ 10:20 AM

SCC to look at constitutionality of genetic discrimination ban nixed by ex-AG Canada but supported by new AG David Lametti

Canada’s new Attorney General David Lametti voted to create a federal ban on genetic discrimination two years ago that the then-Attorney General, Jody Wilson-Raybould, vigorously argued — and the Quebec Court of Appeal later agreed — is not a constitutionally valid exercise of Ottawa’s criminal law power. ... [read more]

Wednesday, January 23, 2019 @ 11:30 AM

Legal Aid Ontario emphasizes leveraging technology in new five-year strategic plan David Field sm

Legal Aid Ontario (LAO) has released a five-year strategic plan that highlights collaboration with social service organizations as well as increased use of technology as central parts of its effort in assisting low-income Ontarians with their legal needs. ... [read more]

Wednesday, January 23, 2019 @ 9:13 AM

Marriage contracts and the right of survivorship marriage_contract_sm

To what extent is a solicitor obliged to make inquiries and make clear to his client that the reasonable expectations that his client may have arising from a proposed transaction may in fact be frustrated by the actions of the other party? ... [read more]

Tuesday, January 22, 2019 @ 2:12 PM

Canada must pay compensation for failing to disclose documents in First Nations human rights case Cindy Blackstock sm

The Canadian Human Rights Tribunal (CHRT) has ordered Canada to pay for knowingly failing to disclose 90,000 documents in a case revolving around the unfair funding of child welfare services on First Nation reserves. ... [read more]

Tuesday, January 22, 2019 @ 10:29 AM - Last Updated: Tuesday, January 22, 2019 @ 11:20 AM

Ottawa’s public directive on litigation in Indigenous cases aims to hold Crown to account on reconciliation: DOJ Karenna_Williams

​​​Indigenous law practitioners say the Attorney General of Canada’s recently unveiled directive to federal Crown lawyers mandating a “significant shift” in Indigenous litigation could assist their clients — especially if judges push Department of Justice (DOJ) counsel to walk Ottawa’s talk. ... [read more]

Tuesday, January 22, 2019 @ 8:51 AM

Even death doesn’t stop the limitation period stop_watch_sm

In the recent case of Lee v. Ponte 2018 ONCA 1021, the Ontario Court of Appeal was presented with a dilemma: Can an estate trustee extend the time to bring a claim that arose prior to the deceased’s death? ... [read more]

Monday, January 21, 2019 @ 9:49 AM

Lametti brings political, communication, people skills to his new roles as Justice minister, AG Canada David Lametti

McGill University law professor David Lametti, an accomplished IP scholar who plays hockey and punk-rock vinyl records to relax, has the intellectual heft, political judgment and communication and interpersonal skills necessary to excel as Canada’s 52nd attorney general and minister of Justice, say lawyers who know him from politics and academe. ... [read more]

Friday, January 18, 2019 @ 9:05 AM

N.B. government criticized for shelving courthouse project Robert McKee

Last summer, designs for a new courthouse in Fredericton were unveiled with fanfare. Four months later, those plans were permanently put on hold. New Brunswick’s new Progressive Conservative Premier Blaine Higgs has called for an abrupt end to the construction of the capital city’s new courthouse, as well as other major construction projects underway in the province. ... [read more]