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Friday, May 15, 2020 @ 8:43 AM

Avoiding mistakes: How technology can help wills and estates practitioners nails_bent_sm

According to Ontario’s professional liability insurance provider, LawPRO, claims against wills and estates practitioners in Ontario have been on an upswing in the last decade, nearly doubling in frequency. As litigators who often prosecute claims against lawyers accused of negligence, we have observed first hand the types of mistakes that are often made. These mistakes generally stem from a failure to stay informed about the relevant law and/or to adopt and follow best practices when carrying out their duties. ... [read more]

Thursday, May 14, 2020 @ 1:47 PM

A checklist for franchise causes of action: Common law franchise_magnify_sm

This article provides an outline of frequently claimed substantive franchise causes of action under common law. (Two earlier articles in this series addressed procedural issues in franchise litigation and substantive causes of action that are statute-based.) ... [read more]

Wednesday, May 13, 2020 @ 11:16 AM

Choice of law, choice of court clauses signpost_two_sm

Does a choice-of-law, choice-of-court clause include or exclude the Convention on Contracts for the International Sale of Goods (CISG)? ... [read more]

Tuesday, May 12, 2020 @ 12:29 PM

Expectations to consult: Who cares about precedents, rule of law? cancelled_stamp_sm

In Canada, the principle of separation of powers requires that political disputes be resolved through political processes and not reviewed in courts; such disputes are non-justiciable. Courts, however, often struggle to determine whether a dispute is purely political, or it raises a justiciable issue. ... [read more]

Tuesday, May 12, 2020 @ 10:43 AM

Constructive dismissal: New reality under COVID-19 Pinkslip

When an employer unilaterally amends a fundamental term of the employment contract, the employee has three choices: ... [read more]

Monday, May 11, 2020 @ 8:48 AM

Pandemic data hubs and contractual, regulatory and ethical risks data_hub_sm

One thing that hasn’t suffered from the COVID-19 pandemic is the big data analytics market — a development, however, that comes with a host of intellectual property (IP) and other legal issues. ... [read more]

Friday, May 08, 2020 @ 3:50 PM

Feds extend COVID wage subsidy for employers, unveil details of culture, amateur sport funding Justin Trudeau

As new data emerged that almost two million jobs were lost in Canada in April due to the COVID-19 pandemic, Prime Minister Justin Trudeau announced the federal government will extend its temporary emergency wage subsidy to employers beyond June 2020. ... [read more]

Friday, May 08, 2020 @ 12:39 PM

Federal Court of Appeal sides with Loblaw over taxation of Barbados bank

The Federal Court of Appeal has ruled it was an error for the federal government and a lower court to conclude Canadian supermarket giant Loblaw had to pay taxes on a bank its financial subsidiary once owned. The appeal in Loblaw Financial Holdings Inc. v. Canada 2020 FCA 79 deals with whether the foreign accrual property (FAPI) provisions in the Income Tax Act (ITA) apply to Loblaw Financial’s former Barbados subsidiary Glenhuron Bank Limited (GBL). ... [read more]

Friday, May 08, 2020 @ 9:38 AM - Last Updated: Friday, May 08, 2020 @ 11:11 AM

Litigators’ champion celebrates five years at SCC, looks forward to five more years TLD Exclusive button

On a bench otherwise made up of ex-law deans, former senior civil servants and longtime judges, Justice Suzanne Côté’s unique brief, handed to her when she was appointed five years ago, requires her to convey the practising bar’s perspective to the Supreme Court of Canada, even when it sometimes takes her down solitary paths. ... [read more]

Friday, May 08, 2020 @ 8:34 AM

Building bridges with U.S. colleagues through commonalities, collaboration | Brenda Plowman

There is no question that we are living and working in ever-changing, challenging times. Global events aside, lawyers and their firms can find it difficult to build necessary relationships and alliances with firms in the U.S. In order to work, any affiliation must be built on trust and credibility, perhaps even more so when working across borders. Because cold calls may not open the lines of communication needed for successful partnerships, I have unearthed an effective way to build bridges through commonalities with colleagues. ... [read more]