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Friday, April 24, 2020 @ 8:22 AM

MORTGAGES - Mortgage agreement - Payment - Interest - Excessive interest - Priorities

Appeal by the third mortgagee from orders in ongoing receivership proceedings arising out of a failed residential real estate development. ... [read more]

Thursday, April 23, 2020 @ 12:48 PM

Expected challenges under Ontario’s new Construction Act judge_dispute_sm

With the adoption of the new Construction Act in Ontario, adjudication has taken the construction industry by storm. Since its adoption in 2019, the impacts have been far reaching and highly beneficial to an industry that has been plagued with litigation. Some of these expected benefits include increased cash flows, a reduction in litigation costs, decreased insolvency cases and the faster completion of construction projects that were often stalled by litigated disputes. However, there are lessons that we can learn from countries that have adopted similar regimes. ... [read more]

Thursday, April 23, 2020 @ 11:46 AM

Looking for work in era of COVID-19 Handsonlaps

To say that these are uncertain and difficult times is a massive understatement. Half of humanity is in some sort of isolation, the global economy has grinded to a halt practically overnight and businesses of all shapes and sizes have immediately felt the effects. The legal industry is unfortunately no exception. Like any other business, the practice of law is not immune from the dire consequences that the COVID-19 pandemic is leaving in its wake. ... [read more]

Monday, April 20, 2020 @ 2:22 PM

Advice on winning first virtual appeal: Exceptional electronic documents BWvideoconference

Hand-in-hand with the significance of writing persuasive facta, preparing and filing exceptional electronic documents is key to effective e-hearing advocacy. As many among us, both bench and bar, work through the transition to a more virtual delivery of justice there will no doubt be learning curves on all sides. ... [read more]

Monday, April 20, 2020 @ 9:01 AM

Technology and the courts: Now or never | Neil Wilson

The COVID-19 pandemic has ground justice to a halt together with the rest of society. The only way to keep going will be to finally embrace what the justice system has resisted for so long: the use of technology. As the saying goes “necessity is the mother of invention” — or, in our case, necessity may be the mother of finally applying long-available inventions to the trade of lawyering. ... [read more]

Friday, April 17, 2020 @ 1:50 PM

Welcoming e-advocacy: Advice on winning your first virtual appeal V&Wvideoconference

The world of advocacy is changing. With the advent of social distancing how we deliver legal services, and especially how we assist clients navigating the justice system in our courts, has changed abruptly and significantly. ... [read more]

Friday, April 17, 2020 @ 11:02 AM

Problem with Ontario courts: A report from the trenches manwithpilepapers

Ontario’s court system is a behemoth of bureaucracy. When functioning properly, bureaucracy can be beneficial. The criminal justice system requires meticulous record-keeping to operate. Procedures act as safety valves to protect the public. Even sceptics of deterrence’s effectiveness accept that the overall system deters crime. Being dragged into the system provides a deterring effect in the same way that one wants to avoid a vehicle collision to avoid insurance paperwork. ... [read more]

Thursday, April 16, 2020 @ 3:12 PM

Feds expand access to small business loans; in talks on commercial rent relief, U.S. border controls Bill Morneau

Ottawa has expanded eligibility for its new interest-free $40,000 loans for businesses hit by COVID-19 and is in talks with the provinces to create a new loan program for commercial landlords that would enable them to forgo or lower rents for struggling businesses from April through June 2020. ... [read more]

Tuesday, April 14, 2020 @ 11:43 AM

Quebec landlord-tenant considerations during COVID-19 signingrental documents

Parts one and two of this three-part series examined a few of the questions to ask in determining how a superior force event can affect landlord-tenant relationships in Quebec. Other questions naturally ensue. ... [read more]

Thursday, April 09, 2020 @ 10:47 AM - Last Updated: Thursday, April 09, 2020 @ 3:16 PM

SCC’s Cory remembered as brave and compassionate judge who protected human dignity, fairness Peter deCarteret Cory

Retired Supreme Court Justice Peter deCarteret Cory, a Second World War hero who distinguished himself in the judicial trenches for a quarter century, dodged more than his share of bullets during his decade on the highest court. Three traits which showed up early in his life — bravery, hard work and a penchant for volunteering for tough assignments — contributed to him carrying the ball for the Supreme Court in some of its most controversial and challenging cases. ... [read more]