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In-House Counsel


Wednesday, January 31, 2018 @ 8:39 AM

Hi-Tech: Evaluating and improving a lawyer’s technology competence | Luigi Benetton

Helping lawyers get up to speed on the technology they need to use starts with honesty about what they need. Several organizations offer approaches to help lawyers get the technology competence they’re expected to have. ... [read more]

Tuesday, January 30, 2018 @ 9:34 AM

In Quebec, know your legislation in order to avoid appeals

In six brief paragraphs, Quebec’s Appeal Court recently applied a crucial rule of civil procedure governing appeals from the Court of Quebec. In doing so, it provided litigants a blunt reminder of certain limits to dispute resolution in Quebec. ... [read more]

Tuesday, January 30, 2018 @ 9:20 AM

How to know who’s legally on the hook for tax return errors tax_blame_sm

For most people, preparing a tax return ranks only slightly above getting a root canal on the enjoyment scale. Many seek to avoid — or at least minimize — this suffering by engaging an accountant to prepare their tax returns. Those that do may reasonably question to what extent they are responsible for spotting errors or omissions in their returns. ... [read more]

Tuesday, January 30, 2018 @ 8:56 AM

The surprising owners of ‘Steve Jobs’ trademark rights in Europe steve_jobs_sm

Vincenzo and Giacomo Barbato, clothier brothers from Naples, Italy, are the unlikely owners of the EU trademark for “Steve Jobs” and a related logo after a legal battle with Apple ended with the tech giant losing its opposition to the marks in the European Union Intellectual Property Office. ... [read more]

Friday, January 26, 2018 @ 8:43 AM

Litigation beyond Tax Court: Injunctions, appeals and mandamus orders

The Tax Court has two procedural veins, general and informal, and the Federal Court of Appeal’s (FCA) ability to hear an appeal is constrained by the procedure chosen. Specifically, an appeal lies to the FCA from informal procedure at Tax Court only on the limited grounds set out in s. 27(1.3) of the Federal Courts Act. Some of the grounds are quite specific, such as basing a decision on an erroneous finding of fact that it made in a perverse or capricious manner while other grounds are broader, such as failure to observe a principle of natural justice or procedural fairness. ... [read more]

Thursday, January 25, 2018 @ 9:45 AM

Lawyer wonders if new corporate accountability watchdog will have teeth Cory Wanless sm

The government’s announcement to establish an ombudsperson to investigate allegations of human rights abuses linked to Canadian corporations working abroad comes with no timeline on when the role will be filled and active. ... [read more]

Wednesday, January 24, 2018 @ 10:27 AM

Federal Court of Appeal rules against Husky Oil in privacy dispute Amy Crosbie, Curtis Dawe LLP

The Federal Court of Appeal has ruled against a major Canadian oil company in its attempts to keep information about its employees private, saying the information requested as part of an access to information filing was publicly available on the Internet and would not disclose anything related to their private lives. ... [read more]

Wednesday, January 24, 2018 @ 8:25 AM

Valuation of IP based on a royalty stream

Challenges arise in the valuation of intellectual property (IP) due to a number of factors, including: difficulties in estimation of cash flows to be generated from the IP’s use or licensing, particularly for early-stage or disruptive IP; tax considerations due to the ease of migration of IP; and selection of an appropriate discount rate and the quantification of risk. ... [read more]

Tuesday, January 23, 2018 @ 9:32 AM

Yes summary judgment is fast, but not always best for wrongful dismissal your're_fired_sm

When the Supreme Court in Hryniak v. Mauldin  2014 SCC 7 rewrote the law on summary judgment, it opened the doors to a fast and cost-effective method of obtaining judgment for terminated employees. Since then, courts across Canada have specifically recognized that straightforward wrongful dismissal cases are particularly well-suited for summary judgment. However, the Ontario Court of Appeal has repeatedly scaled back the option of summary judgment. ... [read more]

Tuesday, January 23, 2018 @ 8:27 AM

Quotas not the answer to our diversity issues | Sam Goldstein

The Social Justice Warriors at the Law Society of Upper Canada (as it used to be known) can shout to the heavens above that their equality, diversity and inclusion initiative is not advocating a quota system, but I beg to differ. ... [read more]