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Friday, January 05, 2018 @ 8:30 AM

Provincial safeguards for national class actions canada_provinces_sm

For decades, there has been a tension between provinces regarding the scope of proposed national class actions. For example: Is a national class permitted under the existing provincial legislation? If so, is a national class constitutional? What credence should be given to competing putative or certified class proceedings that are ongoing in other jurisdictions?   ... [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 @ 9:29 AM

Employees can also be held liable for customer injury, Ontario Court of Appeal maintains Gavin_MacKenzie_sm

An Ontario Appeal Court decision involving hot water, burned hands and a Starbucks barista is a reminder that employees can be sued along with their employers when it comes to the injury of customers, lawyers say. ... [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 @ 9:49 AM

Decision clarifies the limits of copyright protection for data data_copyright_sm

“The world’s most valuable resource is no longer oil, but data.” That is the title of a May 2016 article in The Economist. Data is valuable. But who, if anyone, can own, control and distribute data? Data, like other valuable resources, attracts disputes over ownership and control. Still, the legal basis for ownership of data is not well understood. ... [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]

Friday, December 29, 2017 @ 8:36 AM

More about what every lawyer should know about year-end tax planning Tax

This is part two of a two-part series. ... [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 @ 10:31 AM

Watch for the distractions in government’s new tax proposals

You have probably seen that ad on CNN with an apple and a pair of chattering teeth sliding in front of it. The voiceover says one is an apple and the other is a distraction. The ad concludes ‘But it will never change the fact that this is an apple.” The ad, which is a not-too-discreet dig at shenanigans currently taking place in Washington, D.C., may also have some traction on this side of the border, especially where it concerns the federal government’s tax proposals. ... [read more]

Thursday, December 21, 2017 @ 8:58 AM

Firms identify areas most impacted by cannabis legalization in 2018 Eric Foster sm

With cannabis legalization fast approaching, large law firms across Canada are preparing their clients for the sea change arriving in the summer of 2018. ... [read more]