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Wednesday, March 03, 2021 @ 2:01 PM

In defence of B.C.’s pronoun practice directives | Brad Regehr and Jennifer Brun

The rights of transgender and non-binary persons to equality and dignity are not open to debate — they are a matter of law. ... [read more]

Wednesday, March 03, 2021 @ 10:11 AM

Newcomers need smart planning to manage non-resident real estate taxes House on top of money

Southern Ontario has one of the hottest and most reliable real estate markets in the world, but non-residents who seek to invest face a special tax that can be a barrier. It takes smart planning for prospective investors to manage this barrier. ... [read more]

Tuesday, March 02, 2021 @ 10:07 AM

Who can represent a company in Tax Court? Finger about to push button on calculator labelled "Taxes"

Does a corporate taxpayer have to be represented by a lawyer before the Tax Court of Canada? Can a company’s director represent the company? These questions were considered by the Federal Court of Appeal in HMQ v. BCS Group Business Services Inc. 2020 FCA 205. ... [read more]

Tuesday, March 02, 2021 @ 9:34 AM

Issues, considerations of full cost accounting in Nova v. Dow Three different sized stacks of coins

As discussed in part one of this article, prior to the Federal Court of Appeal decision in Nova Chemicals Corp. v. Dow Chemicals Co. [2020] F.C.J. No. 928, the incremental cost approach was the preferred method in calculating the profits earned by an infringer, except in certain circumstances. Therefore, there was no need to allocate the non-incremental fixed costs of the infringer to the infringing products. ... [read more]

Monday, March 01, 2021 @ 1:31 PM

COVID money as indemnified benefit ‘nonsensical’ | Jennifer Lynch and Margot Mary Davis

Due to growing unemployment, the federal government introduced the Canada Emergency Response Benefit (CERB) in March 2020. CERB provided $500 per week to eligible Canadians who were “directly affected by COVID-19” and was available from March 15, 2020, to Oct. 3, 2020. ... [read more]

Monday, March 01, 2021 @ 1:20 PM

Black history month: Going beyond statements of support | Charlene Theodore

The Ontario Bar Association’s Black History Month campaign, #StandingOnTheShouldersOfGiants, celebrated the Black lawyers who paved pathways — those tireless champions who have for decades fought the never-ending and often lonely fight for equality and inclusion in the profession. It is on their shoulders I stand as the first Black president of the OBA. I thank them and I am proud to say that their legacy is reflected in the work and the diversity of our members.    ... [read more]

Monday, March 01, 2021 @ 8:41 AM

The Coach: Succession planning for large firms, part one | Gary Mitchell

The past two months I have written about succession planning for smaller firms. This two-part series is about succession planning for larger firms. ... [read more]

Friday, February 26, 2021 @ 8:31 AM

Wellness: The good, the bad and the ugly of Zoom | Darryl Singer

I absolutely love our profession’s adaptation to Zoom in the last 10 months. While I remain, after all these years, passionate about being a litigator and enjoy nothing more than a day in court, discovery or mediation, the travel was really starting to get to me. I live in Thornhill, Ont., which for those outside of the Greater Toronto Area (GTA), is a suburb just north of Toronto proper, but about 30 kilometres from downtown, which in Toronto traffic is anywhere from one to two hours in rush hour. ... [read more]

Thursday, February 25, 2021 @ 8:35 AM

Virtual vs. in-person trials: Benefits, negatives, considerations Female lawyer on video screen

Law has long been criticized as an industry that has been resistant to change. However, the COVID-19 pandemic has forced the legal profession to implement certain changes. The Ontario Court of Justice stated that many court proceedings are now not conducted in person but to be conducted via audioconference or videoconference. ... [read more]

Wednesday, February 24, 2021 @ 2:33 PM

Lawyers and the OBA: Come blow your horn | Gary Joseph

In the midst of this pandemic, public confidence in government and various institutions has been strained (to put it mildly). At every turn it seems that our political leaders are failing us. The federal government’s vaccine response reminds me of the Keystone Cops skits of old. The operation of “Cottage Parliament” by our prime minister strikes many as an affront to democracy. Our provincial government’s shutdown policies are inconsistent and hard to understand. In all of this, certain segments of our society have bucked the trend and performed wonderfully. High on my list is the Ontario Bar Association (OBA). Full disclosure: I am a member but have absolutely no involvement in management of the OBA. ... [read more]