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Thursday, September 22, 2022 @ 1:34 PM

Patagonia ownership transfer: Lawyering for 21st century | Heidi J.T. Exner Back to school

The 83-year-old Patagonia founder and ex-billionaire Yvon Chouinard raised eyebrows earlier this month when he proclaimed “Earth is now our only shareholder,” and transferred ownership of his private company to a non-profit and trust. Holdfast Collective now owns 98 per cent of Patagonia’s stock, which constitutes the entirety of its non-voting shares. This means it stands to benefit economically to the tune of an estimated $100 million per annum in profits, paid as dividends. However, this ownership does not afford the non-profit control over Patagonia’s business operations. ... [read more]

Thursday, September 22, 2022 @ 10:47 AM

Piping Plover habitat loss leads to first judicial interpretation of ‘damage’ piping plover

Fifteen years after coming into force, we have the first judicial interpretation of “damage” to habitat under the Endangered Species Act. ... [read more]

Thursday, September 22, 2022 @ 10:17 AM

Lawyers: Learn to network and generate new business | Mark Borkowski

No profession is as bad as generating new business and generating new clients as lawyers. Why? Lawyers do not know how to network. ... [read more]

Thursday, September 22, 2022 @ 6:28 AM

CORPORATIONS - Receivers and receiver managers - Powers of the court

Appeal by the appellants from a motion judge’s order approving the agreement of purchase and sale with Sheiner and DiCapo for the whole of Lash Point. Lash Point was a cottage property consisting of approximately 28 acres on Lake Rosseau in the Township of Muskoka Lakes. It had been in the Lash family for over 100 years. In 1996, 13 family members transferred their ownership interests in Lash Point to a non-profit corporation, Lash Point Association Corporation (LPAC). ... [read more]

Wednesday, September 21, 2022 @ 5:16 PM

[ Legal Wire ] - Beaconsfield increases its claim against Montreal and Quebec over municipal taxation

The Quebec town of Beaconsfield is increasing the value of its legal claim against the City of Montreal and the Quebec government, stating that the effect of increased property values reflected in a new three-year assessment (2023-2025 inclusive) will double its “overtaxation” by the Montréal Agglomeration. ... [read more]

Wednesday, September 21, 2022 @ 2:43 PM

Alberta Court of Appeal reiterates administrative decisions not ironclad Stick figures

Even though administrative decision-makers are given a significant amount of deference to preside over matters relevant to their expertise, the Alberta Court of Appeal reaffirmed that deference is not simply a formality. It requires judgments that encompass transparency and sound reasoning. ... [read more]

Wednesday, September 21, 2022 @ 12:03 PM

Blaney McMurtry elects new managing partner

The partners of Blaney McMurtry LLP have elected Shawn Wolfson as the firm’s new managing partner. ... [read more]

Wednesday, September 21, 2022 @ 8:22 AM

Is adequacy of reasons question of law on appeal? | Sara Blake

In Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board) 2011 SCC 62, the Supreme Court of Canada ruled that the adequacy of a tribunal’s reasons for decision is not a stand-alone ground of judicial review. ... [read more]

Tuesday, September 20, 2022 @ 3:08 PM

Ukraine, Russia and the International Court of Justice, part six World Court

A Declaration of Intervention is the procedure wherein a third party receives the permission of the International Court of Justice to join a lawsuit, which has already commenced between other parties and to file a complaint as long as the facts and issues apply to the intervener. ... [read more]

Monday, September 19, 2022 @ 3:50 PM

Cull of ‘huge mass’ of less-serious criminal cases could unclog Canada’s justice system: Moldaver Exclusive

Newly retired Supreme Court of Canada justice Michael Moldaver says the “bursting-at-the seams” criminal justice system could be saved from the risk of future collapse and irrelevancy by removing the “huge mass” of less serious criminal cases that could be fairly and more speedily handled via alternatives, including ticketing, diversion and reasonable plea deals and charge withdrawals. ... [read more]