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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]

Thursday, December 06, 2018 @ 10:52 AM

UK Employer has no legal obligation to defend reputational interest of employee

Employers may be vicariously liable for the acts of employees. Both may be named in a civil action and the employer may be called upon to assume responsibility in defending the claim on behalf of both the employer and the employee. The interests of the employer, however, may not always align with those of the employee. The employer has unique corporate interests to protect, while the employee may have his or her own reputational interests that have no bearing on the employer.   ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 10:50 AM

Forum highlights perspectives of women in litigation Monique Jilesen sm

In a digital world where documents can be kept anywhere and managing business relations is key, the perspectives of litigators and in-house counsel can provide guidance in how to successfully manage complex litigation. These topics, as well as the use of internal and external experts, were discussed by a panel of in-house and external counsel at the Women in Litigation Toronto Forum, hosted by Benchmark Litigation. ... [read more]

Wednesday, December 05, 2018 @ 10:46 AM

Trumped up taxes or legal loopholes trump_tower_sm

The New York Times published an account of how Fred C. Trump, father of President Donald Trump, built his dynasty and disputes the claim about a self-made man who got started with a US$1 million loan from his father. ... [read more]

Tuesday, December 04, 2018 @ 10:49 AM

High resolution and ground truth of intellectual property digitalpatent_sm.jpg

One autumn night in 2014, after driving home through the rain, I pulled into my driveway and stepped out. A black car was parked in the gloom by the curb, its driver waiting for me. With few words, he handed me some documents and I signed my name on a dotted line. He was a process server, and this was my initiation as a fact witness in a U.S. patent infringement trial. ... [read more]

Monday, December 03, 2018 @ 9:45 AM

What’s old is new with Ontario’s sweeping employment law changes Turningbackclock_sm.jpg

On June 1, 2017, following two years of consultation, Ontario’s Liberal government unveiled the Fair Workplaces, Better Jobs Act, 2017 (Bill 148), which introduced some of the widest-sweeping changes to Ontario’s employment legislation in the province’s history. The focus of this piece are its changes to the Employment Standards Act (ESA). ... [read more]