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Monday, September 19, 2022 @ 9:50 AM

Let’s play Jeopardy: I’ll take ‘Expert in Ottawa’ for $300 | Murray Gottheil

When I practised law in Mississauga, Ont., our fees were cheap compared to the Toronto firms, and kind of expensive compared to firms in places like Guelph, Belleville and Kingston. I occasionally wondered whether my clients might prefer to deal with firms in smaller cities at lower rates. Then I would reassure myself that doing so would be terribly inconvenient for them and that they would rather pay more to deal with me. ... [read more]

Friday, September 16, 2022 @ 4:12 PM

George Strathy: The exit interview TLD Exclusive

Ontario’s former chief justice’s parting words of wisdom to the profession are, by his own admission, not “original,” but nonetheless poignant: “Be kind, for everyone you meet is fighting a hard battle.” “I think, as a profession, we are hard on each other. Yes, we’re adversaries, but it’s one thing to advance the interests of your clients, and it’s another to be hard on your opponent,” explained George Strathy in an exclusive interview with The Lawyer’s Daily. ... [read more]

Friday, September 16, 2022 @ 1:28 PM

Registered charities: New ‘qualifying disbursements’ regime Hand holding money for charity

On June 23, 2022, Bill C-19, the Budget Implementation Act, 2022, No. 1 received royal assent, ushering in significant changes with respect to how Canadian registered charities are permitted to use their resources: the new “qualifying disbursements” regime. ... [read more]

Friday, September 16, 2022 @ 11:36 AM

Quebec’s chief justices call for modernization of court system Manon Savard

The chief justices of four courts, addressing hundreds of judges and lawyers in person at the Montreal courthouse for the first time since the onset of the pandemic, broadly outlined their priorities and concerns at Quebec’s opening of the courts ceremony, from the promise and pitfalls of technology to modernize the justice system to the debilitating impact of chronic underfinancing, to the erosion of decorum in the courtroom and the pernicious effects of disparaging social media comments. ... [read more]

Wednesday, September 14, 2022 @ 11:29 AM

When no means yes: Laws that replace consent with coercion troubling trend Senior Day

Section 7 of the Canadian Charter of Rights and Freedoms protects Canadians’ right to life, liberty and security of the person and the right not to be deprived thereof other than in accordance with the principles of fundamental justice. ... [read more]

Tuesday, September 13, 2022 @ 2:59 PM - Last Updated: Tuesday, September 13, 2022 @ 6:25 PM

Sept. 19 will be federal holiday for Queen’s funeral; provinces asked to make it a day off nationally Justin Trudeau

Prime Minister Justin Trudeau has announced that Sept. 19 will be declared a federal holiday to mark the state funeral in London of Queen Elizabeth II. “We will be working with the provinces and the territories to try and see that we're aligned on this — there are still a few details to be worked out, but declaring an opportunity for Canadians to mourn on Monday is going to be important,” Trudeau told reporters Sept. 13 during the federal Liberal caucus treat in St. Andrews, N.B. ... [read more]

Tuesday, September 13, 2022 @ 11:23 AM

Should lawyers act as business peacekeepers for clients? | Mark Borkowski

Many lawyers hoping to resolve conflicts in their client’s workplaces use the legal process to resolve issues. This is not their domain and they should stay out of these issues. They should stay in their lane. ... [read more]

Monday, September 12, 2022 @ 11:45 AM

Partnership assets and the right of survivorship A hand with money put in it

When we think of the typical estate litigation claims, we usually think of claims brought by the deceased’s family members, such as wills variation claims or challenges to the validity of wills and other estate planning tools. While these are certainly the most common claims, a death may also result in disputes concerning the deceased’s business interests. For example, when partners hold business assets jointly, what happens upon the death of one of the partners? Does the surviving joint partner receive the deceased partner’s share, or does it go to the deceased partner’s estate? ... [read more]

Friday, September 09, 2022 @ 3:22 PM

Quebec bar’s launch of student legal clinic ‘additional resource for the community’: co-ordinator Déborah Montambault-Trudelle

A legal clinic that will shortly be launched by the Quebec bar is a “bold and healthy” illustration of the role that law societies can play in advancing access to justice while laying the groundwork for graduate law students to get hands-on experience, assert legal experts.  ... [read more]

Friday, September 09, 2022 @ 3:07 PM

Uneasy lies the head that wears the Crown | Heather MacIvor

The death of Queen Elizabeth II is a sad milestone for everyone (myself included) who admired her strength and relished her occasional displays of mischievous wit. For 70 years, she reigned over an increasingly divided country (and an ever more fractious Commonwealth) without embroiling herself in political controversy — an astonishing feat of discretion and self-discipline. The Queen accepted the constraints of her constitutional role as the embodiment of the Crown. It is not entirely clear that King Charles III will prove equally restrained. ... [read more]