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Thursday, November 09, 2017 @ 8:40 AM

Lawyers cautioned on the professional risks of syndicated mortgages

On October 24, 2017, the Law Society of Upper Canada issued a notice to lawyers concerning syndicated mortgages and syndicated mortgage investments. ... [read more]

Thursday, November 09, 2017 @ 8:23 AM

Lots of smoke and mirrors with release of Paradise Papers paradise_papers_sm

On November 5, a treasure trove of documents related to offshore investment activities of the wealthy – the Paradise Papers – was made public. The Paradise Papers involves a set of 13.4 million confidential documents which provide some insight into how the rich stash their money away in complicated offshore arrangements and avoid paying taxes. But is doing what you can to avoid paying taxes a bad thing? ... [read more]

Wednesday, November 08, 2017 @ 8:40 AM

Hi Tech: Security video only as good as the policy you have for its use | Luigi Benetton

Your company installed video surveillance equipment. You’re the boss. One day, you see an employee knocking off early. You intend to discipline that employee using video evidence.Lawyer Mark Hayes thinks that’s a bad move. ... [read more]

Tuesday, November 07, 2017 @ 9:33 AM

Proposed changes to small business tax: What it means to lawyers, law firms business_tax_sm

The 2017 federal budget introduced new tax rules to the Canadian legislative framework. While many of us may understand the general sense of these changes, the impact they will have on lawyers and law firms may be less clear. In our practice as managers in our firm’s tax group, we have numerous clients who will be affected. With this article, we aim to clarify the impact of three particular changes on lawyers and law firms and provide guidance on the next steps legal professionals can take to meet the new compliance challenges. ... [read more]

Monday, November 06, 2017 @ 9:24 AM

Decision exposes fault lines underpinning termination clauses

In North v. Metaswitch Networks Corporation 2017 ONCA 790, the Court of Appeal was recently asked to grapple, again, with a not entirely clear termination clause found in an employment agreement.   ... [read more]

Friday, November 03, 2017 @ 8:37 AM

Ontario’s Commercial Mediation Act, 2010: Too important to ignore, too ineffective to keep

Six years ago, I enthusiastically blogged about the first anniversary of Ontario’s Commercial Mediation Act, 2010 (CMA), which I called “The Most Important Legislation You’ve Never Heard About.” I naively hoped the situation would soon change. Sadly, I am willing to bet that many readers of this article have still never heard of the CMA. Yet it is vital and powerful legislation. However, ignorance of the CMA may be due, in part, to its limited scope — and even its name. That’s a shame, as it represents a lost opportunity and it may, therefore, be time to reform, or replace, the CMA. ... [read more]

Thursday, November 02, 2017 @ 8:58 AM

Medical diagnostic inventions excluded from the Canadian innovation agenda medical_diagnositcs_sm

Since the 2015 release of patent examination guidelines for diagnostic methods, the Canadian Intellectual Property Office (CIPO) has rejected most patent claims for diagnostic methods. Until 2012 patents were granted for diagnostic inventions that were found to be novel, inventive and useful. In 2012, examination of diagnostic patent applications mysteriously ceased. ... [read more]

Tuesday, October 31, 2017 @ 8:47 AM

Good governance a matter of innovation, agility and ability to inspire buy-in

It is generally considered that governance involves the relations between a corporation’s management, board of directors and its stakeholders. Good governance is essentially — if not exclusively — aimed at ensuring the long-term sustainability of the enterprise. That is its core purpose. ... [read more]

Monday, October 30, 2017 @ 10:48 AM

Pengelly to retire from Ontario Bar Association

The Ontario Bar Association's executive director and counsel, Steve Pengelly, has decided to retire. ... [read more]

Monday, October 30, 2017 @ 9:37 AM

Claiming use goes beyond showing use as a trademark filing basis in Canada

In the Federal Court decision of Metro Brands S.E.N.C. v. 1161396 Ontario Inc. 2017 FC 806, at issue was whether showing use in association with a trademark is only required for the general classes of goods or whether there needs to be use of each of the specific claimed goods within a particular class.   ... [read more]