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Monday, April 24, 2017 @ 08:27 AM

My view from ‘the dark side’ of personal injury law | Sandra Kovacs

For the first decade of my legal career I was an insurance defence litigator.  Firmly entrenched in that practice, I will reluctantly admit that my then-impression of the opposing counsel who worked for injured plaintiffs, with notable exceptions, was clichéd.But last year, after acting as defence counsel in a bodily injury trial, my opposing counsel’s firm offered me a job. My first reaction was to dismiss the offer as fanciful. How could I possibly walk away from being a proud member of the defence bar to become an “ambulance chaser”? ... [read more]

Friday, April 21, 2017 @ 10:49 AM

Call for judicial education driven by political correctness | Julius Melnitzer

The resignation of Robin Camp, the famously “knees together” judge, from the Federal Court bench in March after the Canadian Judicial Council recommended his removal, is as it should be. But the call for judicial education that has produced private members’ bills from interim Conservative Leader Rona Ambrose and Liberal MPP Cristina Martins threatens to prioritize political correctness over the rule of law. ... [read more]

Thursday, April 20, 2017 @ 09:46 AM

Tax Views: Enforcement of tax law in foreign courts | Vern Krishna

As multinational corporations increasingly engage in international trade, there is a risk that they may exploit the tax laws of countries to reduce their domestic taxes. ... [read more]

Wednesday, April 19, 2017 @ 09:59 AM

Is right to be tried in reasonable time reasonably possible? | Jeffrey Manishen

The 1941 Academy award-winning movie “Here Comes Mr. Jordan” is the story of a heavenly mistake, in which a boxer dies before he should have and the highest authorities make it up to him by bringing him back as a millionaire playboy. Many critics of the similarly-named recent Supreme Court of Canada decision feel that they made an error too. ... [read more]

Tuesday, April 18, 2017 @ 02:57 PM

Hi-Tech: Customer relationship management invaluable for gaining, retaining clients | Luigi Benetton

Does your firm use CRM (customer relationship management) tools? If not you probably should be. ... [read more]

Monday, April 17, 2017 @ 10:07 AM

Nation to nation relations need repeal of paternalistic laws | Pamela Palmater

Prime Minister Justin Trudeau swept the Liberals into power on Oct.19, 2015, with the support of Indigenous peoples who voted in record numbers. Trudeau’s election platform consisted of core promises made to the Chiefs in Assembly on July 7, 2015, which would include the review and repeal of legislation unilaterally imposed on First Nations by former Conservative Prime Minister Stephen Harper. Trudeau confirmed his government’s commitment at a subsequent meeting of the Chiefs of Assembly on Dec. 8, 2015. ... [read more]

Thursday, April 13, 2017 @ 09:59 AM

Corporate veil shouldn’t prevent moral responsibility | Julius Melnitzer

Instead of rambling on about globalization and its impact on jurisprudence, it’s time for courts to get real about our archaic notions of corporate liability and take the hard measures to ensure that their ramblings benefit everyone — not just big business. ... [read more]

Monday, April 10, 2017 @ 08:34 AM

Wellness: The healthy lawyer is not an oxymoron | Darryl Singer

A lawyer friend of mine was asked by a supplier a curious question: “How do you cope with helping people with problems all day long and then go home at night to deal with your own?” My friend shrugged. “People pay me a lot of money per hour to fix their problems. My state-of-mind or my emotional health doesn’t enter the picture.” Slough it off. Suck it up. While the first part is true, the second part is frequently overlooked in the legal profession. Everyone copes with stress differently; some compartmentalize better than others. A sizable percentage don’t cope well at all. ... [read more]

Friday, April 07, 2017 @ 10:53 AM

Litigation funding for high-stakes commercial suits coming | Julius Melnitzer

In a sure sign of desperate times for general counsel and in-house law departments, litigation funding is coming into its own — although it is just starting make a dent in Canada. The desperate part is that cost constraints are failing. It’s not that GCs haven’t been trying. The legal press has been awash for some years now with self-congratulatory back-slapping so rampant it risks breaking the collarbone of the backslappers themselves.   ... [read more]

Wednesday, April 05, 2017 @ 11:21 AM

Silence not the answer to Ottawa's police controversies | Michael Spratt

Short years before his assassination Robert Kennedy, who at the time was United States Attorney General, observed, "Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on." At the time Kennedy was of course embroiled in the fight against organized crime and police corruption. But his words apply equally well to the city of Ottawa’s police force. You see, there is a problem in Ottawa ­— our police force is embroiled in controversy. ... [read more]