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Wednesday, June 03, 2020 @ 12:33 PM

Canadian Environmental Law Association at 50: Battling for liveable planet, equity GreenmapofCanada.jpg

The year 1970 was auspicious for environmental protection. The public was becoming aware of the devastation being caused to our natural environment from toxic chemicals like DDT, and the travesty to the community at Grassy Narrows, Ont., arising from mercury contamination of the fish and water on their traditional lands from unregulated emissions from pulp and paper mills. ... [read more]

Wednesday, June 03, 2020 @ 8:52 AM

No going back: Technology and court process | Gary Joseph

The COVID-19 shutdown of the court system was initially viewed as a temporary measure to address legitimate health concerns. Most lawyers expected a quick return to “normal” once the pandemic passed. Two things have now become quite apparent: the pandemic is not passing as quickly as we had hoped and, as importantly, there will be a new “normal.” Lawyers need to accept this and get onboard the technology train or they will be left behind. ... [read more]

Tuesday, June 02, 2020 @ 1:41 PM

Litigation risk in COVID-19 environment: Big changes risk_liability_sm

Litigation risks are materially different today, under COVID-19 than at the start of 2020 when the threat of a world-changing global pandemic was barely an idea. The economic and strategic considerations affecting organizations’ litigation decisions are shifting. This article examines that shift and explores the consequences for litigants going forward as they seek to resolve disputes in the pandemic environment — both existing legal disputes and new litigation arising from COVID-19. ... [read more]

Tuesday, June 02, 2020 @ 11:27 AM

Seller refusing final visit before closing due to COVID-19: Now what? homemagnifyingglass

Real estate closings are stressful even in normal times. Add in a worldwide pandemic just adds to the stress levels. Lawyers are being asked to give guidance to clients and real estate agents on issues ranging from clauses to include in real estate agreements and issues that arise during the closing process. Over the next few columns I hope to discuss some of the issues I am facing myself in my daily practice. The goal is not to become a professor of law. It is to provide practical solutions so that real estate lawyers can also work together to find ways to satisfy our legal responsibilities to our clients while also trying to make sure that agreements can close in a safe manner. ... [read more]

Tuesday, June 02, 2020 @ 9:55 AM

Case for electronic bylaws, virtual meetings, e-voting in condominiums Apartment windows

As per Plato’s Republic: “the true creator is necessity, who is the mother of our invention.” ... [read more]

Monday, June 01, 2020 @ 9:24 AM

RESIDENTIAL TENANCIES - Tenant’s obligations - Damages to premises

Appeal by the defendants from a summary judgment granted in favour of the plaintiffs. The plaintiffs rented their home to the defendants. ... [read more]

Thursday, May 28, 2020 @ 3:06 PM

IRS compliance for foreign owners of U.S. rental properties: Challenges, opportunities House made of money

In the post-COVID-19 world, the name of the game in the United States will continue to be compliance — compliance with federal, state and local statutory and regulatory schemes. For evidence of this trend, look no further than the U.S. Internal Revenue Service’s (IRS) new enforcement campaign aimed at ensuring compliance by foreign owners of U.S. rental properties with U.S. laws on taxation of rental income. ... [read more]

Thursday, May 28, 2020 @ 1:16 PM

Canadian courts adapt to challenges of COVID-19 closed_COVID_sm

Over the past few months, Canadians have experienced unprecedented changes in all facets of their lives. As businesses, from restaurants to banks, have quickly shifted their operations to help flatten the curve, so to have our nation’s courts. ... [read more]

Thursday, May 28, 2020 @ 11:19 AM

Concerns for condominium corporations: Fairness, oppression remedy twomenerectingarrow.jpg

Presidents and directors of condominiums have a tough job. As per s. 27 of the Condominium Act, the “board of directors shall manage the affairs of the [condominium] corporation.” Such a mandated management role requires the board to regularly make major decisions that concern the well-being of the condominium corporation overall, such as with respect to its financial health, its necessary repairs and the maintenance of its building(s) and grounds. ... [read more]

Monday, May 25, 2020 @ 8:51 AM

Leading the way forward: Modernizing access to justice | Colin Stevenson

The winds of change have been blowing hard lately, but the saying “it’s an ill wind that blows no good” suggests that even something as thoroughly devastating and unwelcome as the COVID-19 pandemic can hopefully facilitate some positive change in the justice system. ... [read more]