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Tuesday, November 27, 2018 @ 12:01 PM

‘Hybrid approach’ a ‘muddled’ road to deciding child’s habitual residence: law professor Rollie_Thompson_sm

A recent Nova Scotia appeal decision reflects the “controversial” legal movement toward the “hybrid approach” when deciding the habitual residence of a child wrongfully removed or kept by a parent following a separation, says a scholar. ... [read more]

Tuesday, November 27, 2018 @ 9:24 AM

B.C. launches consultation, tipline on money laundering Jonathan Reilly

The government of British Columbia is continuing its crackdown on money laundering in the province’s gaming and real estate sectors, but a lawyer is saying issues with dirty money lie outside B.C.’s hot housing market. The province’s expert panel in money laundering is holding a public consultation on how to protect the province’s real estate sector from being infiltrated by criminal elements. ... [read more]

Monday, November 26, 2018 @ 9:49 AM

Too early to tell effectiveness of Canada’s anti-tax avoidance measures, says lawyer David Rofleisch, taxpage.com

The federal government is trumpeting its progress in combating tax avoidance, but a tax lawyer is saying the moves are in their infancy and the evidence is not there yet to suggest they are working. The Department of National Revenue said better tools and approaches in compliance activities are helping the government get more data to combat people who may not be paying their proper level of tax. ... [read more]

Monday, November 26, 2018 @ 9:28 AM

Some Canadian lawyers expect U.S. government to get with times, legalize marijuana nationwide Guidy Mamann

On Dec. 6, anyone will be able to smoke recreational pot legally in Detroit after Michigan voters approved a measure to legalize recreational marijuana as part of the midterm elections earlier this month. However, transporting cannabis from Windsor, Ont., across the Canada-United States border remains off the table until marijuana is legalized at the federal level in the U.S. ... [read more]

Friday, November 23, 2018 @ 12:45 PM

Auto insurance changes ‘Christmas list’ for industry: B.C. trial lawyers John Rice, TLABC secretary/treasurer

British Columbia’s decision to classify psychiatric issues and mild concussions as minor under new automobile insurance regulations is being called troubling by members of the B.C. bar, adding that recent changes at the provincially owned insurance provider are reducing individuals’ chances to have their issues properly addressed. ... [read more]

Friday, November 23, 2018 @ 11:39 AM - Last Updated: Friday, November 23, 2018 @ 5:54 PM

SCC sheds light on unjust enrichment, constructive trust in case involving 2 wives, 1 insurance policy Justice Suzanne Côté

The Supreme Court has overturned the Ontario Court of Appeal to allow 7-2 the unjust enrichment claim of a first wife who saw the proceeds of her late husband’s $250,000 life insurance policy go to his second spouse, even though the first wife paid the policy premiums for 13 years on the understanding she would collect. ... [read more]

Friday, November 23, 2018 @ 8:29 AM - Last Updated: Friday, November 23, 2018 @ 9:36 AM

Toronto Lawyers Association, law firms rush to Pro Bono Ontario’s aid to keep help centres open Dirk Derstine 2018 sm

An outpouring of support from the legal profession has made a difference at Pro Bono Ontario (PBO), as the organization expects the Law Help Centres, in danger of closing on Dec. 14, will remain open in the short term until more sustainable funding can be secured. ... [read more]

Thursday, November 22, 2018 @ 12:36 PM

Appeal Court increases man’s sentence for robbery, maintains high bar for exceptional circumstances

A Manitoba court’s decision to send a robber back to jail for additional time speaks to judges’ concerns with expected rehabilitation and good behaviour being seen as “exceptional circumstances” and resulting in unjustifiably light sentences, says a legal scholar. In a 2-1 decision, the Court of Appeal of Manitoba increased a lower court’s sentence of Jamie Dalkeith-Mackie from seven months to 20 for robbing a convenience store.  ... [read more]

Thursday, November 22, 2018 @ 12:18 PM

Lawyer aims to clear up ‘misconceptions’ of online defamation David_Crerar_sm

Think before you retweet, be mindful of what others post to your Facebook and stick to the facts when criticizing a service provider online, says a lawyer set to lecture on defamation. Vancouver’s David Crerar, a partner with Borden Ladner Gervais, will use a Nov. 29 webinar to take participants through the ins and outs of online defamation and provide tips on advising clients to use care when taking to the vast sweep of social media to voice criticism. ... [read more]

Thursday, November 22, 2018 @ 9:45 AM

Decision not to fund Ryerson’s proposed law school short-sighted, lawyer says Omar Ha-Redeye sm

The Ontario government has not approved funding for Ryerson University’s proposed law school, citing a high probability of unemployment in the legal field and an excess of students looking for articling positions as reasons for its rejection on Nov. 20. ... [read more]