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Friday, December 14, 2018 @ 11:19 AM

Reconsideration of the doctrine of consideration moneydebate_sm.jpg

“It has been famously said that ‘hard cases make bad law’; sometimes, however, hard cases make new law. Or, at least, they very much encourage the court to do so lest we give credence to Mr. Bumble’s lament in Oliver Twist: ‘If the law supposes that ... the law is a ass.’ ” ... [read more]

Friday, December 14, 2018 @ 9:19 AM

Engage employees on hot button policy issues, labour and employment panel says Harpreet Sidhu sm

Labour and employment concerns can run the gamut, from cannabis and harassment in the workplace, to culture, compliance and employee suicide. Perspectives on how to handle these hot button topics were shared by a panel of in-house and external counsel at the Women in Litigation Toronto Forum. ... [read more]

Friday, December 14, 2018 @ 9:17 AM

Putting ISO 37001 in your anti-corruption compliance toolkit anti_bribery_sm

The annual global cost of bribery is estimated at $1.5 trillion to $2 trillion a year, according to Rhoda Weeks-Brown, general counsel with the International Monetary Fund. She noted that this amounts to roughly two per cent of global GDP. Weeks-Brown made her remarks during her keynote address at the 35th International Conference on the Foreign Corrupt Practices Act on Nov. 28. ... [read more]

Friday, December 14, 2018 @ 9:02 AM

Condition precedent and the automatic termination of a contract

A true condition precedent occurs whenever the rights and obligations of the contracting parties depend on a future uncertain event, the happening of which is beyond the parties’ control and contingent entirely on the will of a third party. Until the event occurs, there is no right to specific performance on either side. ... [read more]

Thursday, December 13, 2018 @ 8:50 AM

Sufficient notice and a ‘peppercorn’ of consideration | Stuart Rudner

We all know that an employer risks a constructive dismissal claim when they unilaterally impose substantial changes to fundamental terms of the employment agreement. But can they do the exact same thing simply by giving the employee notice of the change, rather than having it take effect immediately? As one recent case confirmed, yes, they can. Should they be allowed to? While some people have argued that it is unfair, my view is that if they provide sufficient notice, there is nothing wrong with it. ... [read more]

Wednesday, December 12, 2018 @ 10:34 AM

AI could play a big part in reducing future legal fees AI_research_sm

Recently, the Ontario Superior Court of Justice in the case of Cass v. 1410088 Ontario Inc. 2018 ONSC 6959 commented on the use of artificial intelligence in reducing a successful defendant’s motion preparation costs, notably, the amount of paid resources used to engage in “legal research” prior to the motion. ... [read more]

Tuesday, December 11, 2018 @ 9:09 AM

‘Blanket’ expertise and the standard of review | Heather MacIvor

The holidays came early this year, at least for administrative law aficionados. On Dec. 4-6 the Supreme Court of Canada hosted a three-day feast of submissions on the standard of review. It was brunch, really, since the sittings ended at midday. But what a menu! Legislative intent, statutory interpretation and the rule of law, served up by some of Canada’s best advocates. ... [read more]

Tuesday, December 11, 2018 @ 8:43 AM

Even the big stars are in crosshairs of the tax authorities star_crosshairs_sm

Famous Chinese actress Fan Bingbing and one of the stars of the 2014 film X-Men: Days of Future Past, one of the highest-paid actresses in the world, has been ordered to pay almost $130 million by the Chinese government, after she misreported how much money she had received for certain film projects, according to state-run news agency Xinhua. ... [read more]

Monday, December 10, 2018 @ 8:48 AM

Cannabis and the ongoing risks at the border

October 2018 was an exciting time in Canada’s history. As only the second country in the world (and by far the largest) to legalize the recreational use of cannabis, the buzz has been seemingly unending about the personal freedom and business opportunities this move provides to Canadians. However, it is important to realize that real risks still exist for both business people and individuals crossing the border into the U.S., with cannabis remaining on Schedule 1 of the U.S. Controlled Substances Act — which classifies drugs, substances and certain chemicals used to make drugs into five categories/schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential in the U.S. ... [read more]

Friday, December 07, 2018 @ 9:30 AM

Why courts don’t like to interfere with restrictive covenants

A restrictive covenant may prohibit the uses to which land may be put or may prohibit any building on land. When properly drafted, the covenant will bind the owner and the owner’s successor in title. ... [read more]