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Friday, February 21, 2020 @ 11:07 AM

Indigenous resistance to for-profit energy pipelines | Angelique EagleWoman (Wambdi A. Was’teWinyan)

There are basic concepts that permeate Indigenous law among First Nations and the Indigenous peoples of North America. These concepts include the following principles: Mother Earth and human beings are in a reciprocal relationship; water is life and sacred for use in religious ceremonies; collective promises and responsibilities are to be kept and passed on from generation to generation; and there is a responsibility to steward natural resources for the next seven generations to come. These are legal principles and encapsulated in the teachings, oral histories and, in recent decades, written laws of Indigenous peoples in the Western Hemisphere.  ... [read more]

Friday, February 21, 2020 @ 9:42 AM

Court of Appeal raises alarm over ‘trap for the unwary’ in addendum to home sale agreement Bob Aaron of Aaron & Aaron

An Ontario Court of Appeal decision that ruled in favour of a builder in a dispute over a purchase and sale agreement has raised the need to revise the wording of an addendum regarding delayed closing provisions, according to a veteran real estate lawyer. ... [read more]

Thursday, February 20, 2020 @ 12:52 PM

Condominiums, enforcement costs: Times they are a-changin’ Hand

The ability to enforce the rules, bylaws and declarations as well as the Condominium Act, 1998 itself, is essential to the operation of any condominium corporation. Section 17(3) of the Act explicitly states that a condo has the “duty to take all reasonable steps” to ensure compliance, and s. 119 sets out the obligation of condos, directors, owners, occupiers and others to comply. ... [read more]

Wednesday, February 19, 2020 @ 9:34 AM

Can co-ownership syndicate take action against co-owner for loss? Group of buildings

The formal notice is the last chance for a debtor to remedy their default. The failure of the creditor to provide a formal notice to the debtor may have serious consequences, including the dismissal of their case. ... [read more]

Tuesday, February 18, 2020 @ 9:04 AM

Boosting the rate of technology adoption | Aaron Baer

For many observers of the legal industry, the seemingly glacial change of innovation can be astounding. After all, it’s not unreasonable to wonder how the use of data analytics, process mapping or new technology within a law firm can be considered to be innovative. But the reality is that lawyers (and law firms) are often resistant to change. Being trained to identify all potential risks and being subject to a system that relies so heavily on precedent doesn’t exactly align itself well to change. And of course, there’s the incentive misalignment that will remain present in the legal profession so long as the billable hour reigns supreme. ... [read more]

Thursday, February 13, 2020 @ 1:43 PM

Condo industry: Concerns about expansion of Condominium Authority Tribunal Ghostly

The Condominium Authority Tribunal (CAT) has been operating since November 2017 and is Canada’s first fully online tribunal. The Ministry of Government and Consumer Services has proposed an expansion of the scope of disputes that can be heard by the CAT, in a staged process, beginning with this proposal. ... [read more]

Tuesday, February 11, 2020 @ 2:55 PM

Four join Minden Gross partnership

Minden Gross LLP announced the admission to partnership of Benjamin (Ben) Bloom, Eli Kutner, Benjamin Radcliffe and Enzo Sallese. ... [read more]

Tuesday, February 11, 2020 @ 8:37 AM

PROCEEDINGS - Practice and procedure - Limitation periods

Appeal by the defendants from trial judgment finding them liable on their personal guarantees respecting the amounts owed on 25 mortgages. ... [read more]

Friday, February 07, 2020 @ 12:08 PM

Court of Appeal reviews ‘evidence of actual intention’ in mother’s will over cottage dispute David_Delagran_sm

The Ontario Court of Appeal has allowed an appeal in a family dispute over a cottage, which counsel involved in the case said illustrates “some of the perils” of succession planning for cottages. ... [read more]

Thursday, February 06, 2020 @ 9:35 AM

Properly structured trust can be useful for holding residential property home_inheritance_sm

A 2018 decision of the Quebec Court of Appeal in the case of Karam v. Estate of Yared 2018 QCCA 320 was extremely important for all spouses who are or may become subject to Quebec family patrimony law. In some circumstances, this decision has opened the door for spouses to own what would otherwise be considered a family patrimony asset through an inter vivos trust, thereby avoiding the legally mandated division of family patrimony assets on death. ... [read more]