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Monday, January 08, 2018 @ 9:16 AM

Review of class action law must consider environmental claims | Richard Lindgren

Few environmental claims have obtained certification in the courts under current Ontario legislation, a situation that needs to be examined in the review by the Law Commission of Ontario in order to address legal barriers and economic hurdles. ... [read more]

Monday, January 08, 2018 @ 9:15 AM

Hi-Tech: Balancing technology competence with legal work | Luigi Benetton

Are you having difficulty deciding how much lawyers need to know about their technology? You aren’t alone. ... [read more]

Friday, January 05, 2018 @ 8:18 AM

Pensioners of insolvent companies left out of contingency fee debate | Julius Melnitzer

Something’s been lost so far in the debate about contingency fees that the Law Society of Upper Canada (LSUC) calls “[protecting] access to justice for the public, while ensuring protection from unscrupulous practices and unreasonable fees.” ... [read more]

Thursday, January 04, 2018 @ 8:26 AM

Access to Justice: Katie Sykes on designing legal expert systems | Thomas Cromwell

Innovation can be a driver of improved access to justice. But our profession is not noted for being at the forefront of innovation. And so it is encouraging to see signs that innovation is front and centre in the training of the next generation of lawyers. That is what I saw on a visit to Thompson Rivers University Faculty of Law in Kamloops, B.C., and in particular in a course created and taught by professor Katie Sykes. ... [read more]

Tuesday, January 02, 2018 @ 9:11 AM

Employer’s guide to workplace sexual harassment | Stuart Rudner

Allegations of sexual harassment against powerful media personalities have shaken the world. Since the Weinstein scandal broke out, the social climate has changed so quickly that now, any hint of a scandal causes companies to immediately dismiss or cut all ties with the accused. The #metoo campaign has seen countless women come forward with their tales of sexual harassment, and this has impacted many workplaces. ... [read more]

Wednesday, December 27, 2017 @ 8:32 AM

Hi-Tech: Time to start auditing outside counsel’s technology skills | Luigi Benetton

Companies audit their third party service providers for many competencies, like security. Why not the competence to do their jobs efficiently? ... [read more]

Friday, December 22, 2017 @ 10:44 AM

Wellness: How other disciplinary bodies handle addiction and mental health issues | Darryl Singer

There is a recent decision from the Law Society of Upper Canada Tribunal involving a lawyer who had “failed to communicate” and “failed to co-operate” with the Law Society. The background of the lawyer’s malfeasance was a direct result of a serious mental illness. The ordinary penalty in this case would have been revocation of his licence.Given the length of time and number of opportunities he had been given to communicate and cooperate he essentially fell into the category of ungovernable. The ordinary penalty in this case would have been revocation of his licence. However, because of the mental illness, he was allowed to surrender his license.The net effect is the same. ... [read more]

Thursday, December 21, 2017 @ 9:15 AM

Climate change is very real — and so is the risk of litigation | Cynthia Williams

Canadian officers and directors may think that the prospects of climate litigation are too remote to take the time to consider climate change among the other pressing matters on their agendas. But leading lawyers and law firms think otherwise. ... [read more]

Wednesday, December 20, 2017 @ 8:34 AM

McLachlin succeeded by putting the law ahead of personal views | Julius Melnitzer

I’ve never met former Chief Justice Beverley McLachlin. But I’ve read most of her judgments and written about many of them over the past 23 years. I’ve also read the accolades that accompanied her retirement. The opinions were unanimous, an undivided public and professional outpouring of affection, admiration and gratitude for someone who’s done so much for this country’s highest court and our respect for it. So I have little to add — except for the two occasions that I found myself writing about the chief justice herself rather than her judgments. Both instances, to my way of thinking, demonstrate just why she has been so effective. ... [read more]

Monday, December 18, 2017 @ 8:57 AM

Tax Views: Year-end tax planning for business | Vern Krishna

Canadian-controlled private corporations (CCPCs) that carry on an active business in Canada are taxable at special low rates. In 2017, the first $500,000 of income from such active business income (ABI) is taxable at a combined federal and provincial rate of about 15 per cent. Income above $500,000 is taxable at about 27.5 per cent. Hence, it is important to plan for shareholder and corporate taxation before the year end to maximize rates of return, and minimize the overall tax burden. ... [read more]