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Wednesday, September 14, 2022 @ 9:34 AM

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

The pearl for Ukraine is in Article XI of the Genocide Convention as with the former Yugoslavia and Holocaust cases. Ukraine sought to find the International Court of Justice’s Jurisdiction Ratione Materiae on the compromissory clause contained in Article IX of the Genocide Convention. A compromissory clause states the parties agree to subject a dispute to a third party for settlement. Ukraine and Russia are bound to Article XI of the Convention. ... [read more]

Tuesday, September 13, 2022 @ 5:01 PM

[ Legal Wire ] - Alberta Court of Appeal dismisses appeal on share sale to facilitate family decision

Alberta’s top court has dismissed an appeal of two lower court orders which ordered the sale of shares in a company to help satisfy a judgment on property equalization and retroactive spousal support. The decision in Aubin v. Quantiam Technologies Inc. 2022 ABCA 288 is an appeal of two related orders of a case management judge from a 2021 decision (Aubin v. Petrone 2021 ABQB 1021). ... [read more]

Tuesday, September 13, 2022 @ 2:59 PM - Last Updated: Tuesday, September 13, 2022 @ 6:25 PM

Sept. 19 will be federal holiday for Queen’s funeral; provinces asked to make it a day off nationally Justin Trudeau

Prime Minister Justin Trudeau has announced that Sept. 19 will be declared a federal holiday to mark the state funeral in London of Queen Elizabeth II. “We will be working with the provinces and the territories to try and see that we're aligned on this — there are still a few details to be worked out, but declaring an opportunity for Canadians to mourn on Monday is going to be important,” Trudeau told reporters Sept. 13 during the federal Liberal caucus treat in St. Andrews, N.B. ... [read more]

Tuesday, September 13, 2022 @ 11:23 AM

Should lawyers act as business peacekeepers for clients? | Mark Borkowski

Many lawyers hoping to resolve conflicts in their client’s workplaces use the legal process to resolve issues. This is not their domain and they should stay out of these issues. They should stay in their lane. ... [read more]

Monday, September 12, 2022 @ 2:20 PM - Last Updated: Tuesday, September 13, 2022 @ 9:06 AM

[ Legal Wire ] - Hearing to clarify amendment on marina licence not further judicial review: B.C. Court of Appeal

B.C.’s top court has ruled that a judge was not required to be deferential to the province’s proposed amendment to a licence granting a strata corporation the right to build a marina, ruling the lower court was not giving the government free rein to insert any term it thought reasonable. ... [read more]

Monday, September 12, 2022 @ 2:16 PM

Fasken adds new partners in Montreal, Toronto

Fasken announced the arrival of two new partners at its Montreal office, namely Charles Chevrette and Louis-Martin Dubé. They join its corporate/commercial and real estate law groups, respectively. In addition, the firm has a new Toronto partner, Edward Lynde, who is a member of the litigation and dispute resolution group. ... [read more]

Monday, September 12, 2022 @ 1:20 PM

Homologating foreign arbitral awards: Applicable prescription period Suitcase

This June, the Quebec Court of Appeal rendered an important decision about the prescription period applicable to homologating foreign arbitral awards. This decision highlights the critical difference between litigating the existence of a right and enforcing an arbitral award that recognizes that right. Moreover, this decision demonstrates the growing importance of arbitration in Quebec’s legal system. ... [read more]

Monday, September 12, 2022 @ 11:45 AM

Partnership assets and the right of survivorship A hand with money put in it

When we think of the typical estate litigation claims, we usually think of claims brought by the deceased’s family members, such as wills variation claims or challenges to the validity of wills and other estate planning tools. While these are certainly the most common claims, a death may also result in disputes concerning the deceased’s business interests. For example, when partners hold business assets jointly, what happens upon the death of one of the partners? Does the surviving joint partner receive the deceased partner’s share, or does it go to the deceased partner’s estate? ... [read more]

Friday, September 09, 2022 @ 5:32 PM

[ Legal Wire ] - Ontario appellate court ruling in defamation case gives ‘fishing licence’ to appellant, say lawyers

The Court of Appeal for Ontario has clarified the approach to be taken in defamation and civil conspiracy pleadings in the context of a motion to strike in allowing an appeal of a Divisional Court decision. ... [read more]

Friday, September 09, 2022 @ 3:22 PM

Quebec bar’s launch of student legal clinic ‘additional resource for the community’: co-ordinator Déborah Montambault-Trudelle

A legal clinic that will shortly be launched by the Quebec bar is a “bold and healthy” illustration of the role that law societies can play in advancing access to justice while laying the groundwork for graduate law students to get hands-on experience, assert legal experts.  ... [read more]