The Lawyers Weekly

Privacy poachers take big hit

Cristin Schmitz — Fri, 03 Feb 2012 00:00:00 -0500

The Ontario Court of Appeal's creation of a potentially sweeping new tort for invasion of privacy will generate litigation and other revenue opportunities for a broad cross section of the Bar, lawyers predict.
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Court says Ponzi money not taxable

Donalee Moulton — Fri, 03 Feb 2012 00:00:00 -0500

A Canadian taxpayer who unknowingly invested in a Ponzi scheme run by now convicted fraudster Andrew Lech is walking away with $1.3 million.
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Scars left behind

Darcy Merkur — Fri, 03 Feb 2012 00:00:00 -0500

A pedestrian steps off a curb and gets hit by a car. He survives, and while his bones begin to heal and his bruising goes away, he may be left with significant psychological scars from the accident.
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Canada's unwanted list

Lorne Waldman — Fri, 03 Feb 2012 00:00:00 -0500

Last July, with much fanfare, Immigration Minister Jason Kenney and Public Safety Minister Vic Toews announced the creation of a Canadian Border Services Agency (CBSA) most-wanted list.
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Mind your manners

Matthew Chung — Fri, 03 Feb 2012 00:00:00 -0500

Did you hear the one about the summer student who licked her fingers before shaking hands with a lawyer? Or the articling student who, when asked to choose a wine over lunch with a client, went with a $300 bottle?
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Feds fading in face of furor

Cristin Schmitz — Fri, 27 Jan 2012 00:00:00 -0500

A Charter challenge aiming to pave the way for foreign domiciled same-sex couples who married here to obtain Canadian divorces has opened up a can of legal worms, says a family law expert.

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McLachlin spoke most for top court

Cristin Schmitz — Fri, 27 Jan 2012 00:00:00 -0500

Justices Marshall Rothstein and Louise Charron were the core members of most of the Supreme Court majorities in 2011, but Chief Justice Beverley McLachlin wrote more law for the court than anyone, a Lawyers Weekly analysis discloses.
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Paying for hidden costs

Anita Banicevic & Mark Katz — Fri, 27 Jan 2012 00:00:00 -0500

There is a growing focus in Canada on pricing representations that fail to clearly disclose additional costs up front. The concerns about hidden costs have manifested in several different ways.
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Revealing wrongdoers

Donalee Moulton — Fri, 27 Jan 2012 00:00:00 -0500

When essential information is just out of reach, many lawyers are reaching for Norwich orders to get the evidence they need.
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When tweet dreams go bad

Anwar Ali — Fri, 27 Jan 2012 00:00:00 -0500

Ned Steinman's personal flair on Twitter doesn't quite compare with another lawyer who recently rose to notoriety.
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Can private jails come to Canada?

Donalee Moulton — Fri, 20 Jan 2012 00:00:00 -0500

A controversial report from the American Civil Liberties Union (ACLU) slams private prisons and mass incarceration in the U.S. for harming imprisoned individuals and the government's bottom line while making companies extremely wealthy. Legal experts in Canada say that the same jailhouse problems -escalating violence, increased costs, and overcrowding -exist in this country, and the federal government's new omnibus crime bill may sow the seeds for private prisons here.
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Televising riot trials draws fire

Jeremy Hainsworth — Fri, 20 Jan 2012 00:00:00 -0500

Televising the trials of those accused in last June's Stanley Cup riot in Vancouver will create a distorted view of justice, while drawing public attention away from deficiencies in British Columbia's criminal justice system, legal observers say.
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Forgotten corner of the copyright canvas

Bob Tarantino — Fri, 20 Jan 2012 00:00:00 -0500

A November 2011 auction of Canadian art held at Toronto's Royal Ontario Museum brought nearly $8 million in sales. None of the proceeds were received by the artists themselves, instead being shared by the vendors and the auction house.
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Voice in the wilderness heard in Ottawa

Donalee Moulton — Fri, 20 Jan 2012 00:00:00 -0500

The Federal Court has ruled that Canada's health minister must reconsider a B.C. environmentalist's request for a special review of a pest control product. The decision proves citizens can have an impact on government although that impact is likely to be minimal, legal observers say.

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When a picture leaves 1,000 clues

Luigi Benetton — Fri, 20 Jan 2012 00:00:00 -0500

While defending a client against someone claiming damages for having become disabled, Dera Nevin's case took a strange turn when a photograph surfaced: It was "of a guy jumping across the finish line, hands in the air, after a half-marathon," she recalls.
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Parrying thrusts of the cyberbully

Donalee Moulton — Fri, 13 Jan 2012 00:00:00 -0500

Being pushed around in the playground has taken on a whole new meaning in the Internet environment. It can take place 24/7, and the playground has become global. Now the public, its elected leaders, and the legal community are fighting back. Nova Scotia has become the first jurisdiction in Canada to establish a cyberbullying task force, following the suicide of two young girls in which bullying was a key factor.
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Top court maps out approach to support changes

Cristin Schmitz — Fri, 13 Jan 2012 00:00:00 -0500

Trial judges considering applications to vary spousal support need not always place weight on divorced couples' own settlements, the Supreme Court has ruled.
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Ruling lights fire under insurers

Donalee Moulton — Fri, 13 Jan 2012 00:00:00 -0500

The New Brunswick Court of Appeal has handed down a smoking hot decision that will leave insurance companies scrambling to confirm that clients have informed them of material changes -including the installation of woodstoves.
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Turbine opponents whistling in the wind?

Matthew Gardner — Fri, 13 Jan 2012 00:00:00 -0500

There's been some good news and some bad news for proponents of wind energy in Ontario.
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'New era' taxman gets tougher

Michael Benedict — Fri, 13 Jan 2012 00:00:00 -0500

Hammered by the recent global recession and continuing economic struggles, governments around the world are seeking to boost income through more aggressive pursuit of tax revenues.
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Lawyers see danger in C-26

Cristin Schmitz — Fri, 23 Dec 2011 00:00:00 -0500

Proposed reforms to beef up the power of citizen's arrest could expand the Charter-free zone for the burgeoning commercial security industry, lawyers warn. At press time, the Conservative government's Citizen's Arrest and Self-defence Act (Bill C-26) had been enthusiastically endorsed in principle by the NDP and Liberals during second reading debate in the Commons this month.
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Veiled threat to fairness or a right?

Cristin Schmitz — Fri, 23 Dec 2011 00:00:00 -0500

The contention that a witness should be permitted to veil her face on religious grounds, partly because facial cues are generally unreliable, was probed vigorously at a recent Supreme Court hearing.
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Eviction without conviction

Donalee Moulton — Fri, 23 Dec 2011 00:00:00 -0500

A Cape Breton couple and their children are waiting to hear if they'll have a home to call their own. The Nova Scotia Court of Appeal is determining if the family can be evicted following complaints from neighbours that the house is being used as a drug den. The decision will break new legal ground in Canada.
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G20 case will 'embarrass,' lawyer vows

Christopher Guly — Fri, 23 Dec 2011 00:00:00 -0500

Most of the criminal cases emerging from last year's G20 summit in Toronto have been resolved, but several remain unsettled, including one that a lawyer vows will "embarrass" the Ontario government.

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Working vacation is no break at all

Jeremy Hainsworth — Fri, 23 Dec 2011 00:00:00 -0500

While lawyers may be taking their allotted vacation time each year, it's the manner in which they are taking it that may not be providing the best benefits, say lawyers who've worked on the issue.
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All hands on deck in ship deal

Donalee Moulton — Fri, 16 Dec 2011 00:00:00 -0500

Halifax-based Irving Shipbuilding Inc. won the coveted $25-billion contract to build the nation's next fleet of surface combat ships. Now, Nova Scotia's legal community is ready to set sail into an era of new and increased business.

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'Massive difference' in refugee cases

Cristin Schmitz — Fri, 16 Dec 2011 00:00:00 -0500

The Federal Court's top judge says his court is scrutinizing the validity of a new academic study that casts doubt on whether the court's judges are always deciding refugee cases on their merits.
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When rides go wrong

Lisa Belcourt — Fri, 16 Dec 2011 00:00:00 -0500

As a teenager I loved the thrill of roller coasters, flying swings and bumper cars; I loved the sights and sounds of the amusement park and the smells of hotdogs, candyfloss and candy apples.
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Supreme controversy over nominees

Cristin Schmitz — Fri, 16 Dec 2011 00:00:00 -0500

Controversy stalked the Supreme Court this year as critics attacked the prime minister's two picks for the court and MPs' questioning of his nominees took a partisan turn.

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Booming Internet biz threatens small firms

John Schofield — Fri, 16 Dec 2011 00:00:00 -0500

He's best known as a lawyer to the stars the legal genius who successfully defended O.J. Simpson and represented celebrities like Johnny Carson and the Kardashians.

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Lawyers throw down gauntlet

Jeremy Hainsworth — Fri, 09 Dec 2011 00:00:00 -0500

Saying they're "fed up" with the crisis in funding for the legal aid system, British Columbia lawyers have pledged to gradually stop taking duty counsel referrals beginning in January and leading to "complete closure" by April unless the provincial government takes action.

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System at risk, B.C. chief justice warns

Jeremy Hainsworth — Fri, 09 Dec 2011 00:00:00 -0500

British Columbia's Supreme Court chief justice says the province's judicial system "is threatened, if not in peril" because of insufficient government funding.

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Testifying in the 'tub'

Randy Pepper — Fri, 09 Dec 2011 00:00:00 -0500

Many arbitrators are sensitive to the criticism that the costs of commercial arbitration, particularly international commercial arbitration, can exceed the comparable costs of litigating the same dispute.
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Missing Pieces: Administrative bodies and the deliberative secrecy doctrine

Shea Coulson — Fri, 09 Dec 2011 00:00:00 -0500

This year's Administrative Law Conference put on by the B.C. Continuing Legal Education Society saw a recently unfettered Justice Ian Binnie decry the current state of administrative law as granting too much deference to administrative bodies.
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Lawyers 'can be productive anywhere'

John Schofield — Fri, 09 Dec 2011 00:00:00 -0500

In some ways, Heenan Blaikie's new digs in downtown Calgary's Penn West Plaza look more like an upscale hotel than the Prairie home of one of the country's largest law firms. Beautifully appointed in wood, stone, steel and glass, the award-winning interior features a café, showers, and lawyer and client lounges complete with marble-topped bars.

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Urging nation to 'protect' court

Cristin Schmitz — Fri, 02 Dec 2011 00:00:00 -0500

Canada should take on the "critical role" of protecting the International Criminal Court from state attacks on its "judicial integrity" and independence, says Luis Moreno-Ocampo, the ICC's hard-nosed Argentinean chief prosecutor.
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Toronto is trailing in pro bono work

Christopher Guly — Fri, 02 Dec 2011 00:00:00 -0500

Nearly half of Ontario's private practice lawyers provide some level of free legal services, while the median age of private practice lawyers is nearly a decade older than the province's overall population, according to a report released last week.
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The perilous presumption of undue influence

Adam Parachin — Fri, 02 Dec 2011 00:00:00 -0500

Does the law make it too difficult to challenge the validity of wills on the basis of undue influence? Some say that it does, but there are reasons to be wary of liberalizing the rules in the way that has been proposed.
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Lingering doubt for aggrieved

Joseph Griffiths — Fri, 02 Dec 2011 00:00:00 -0500

In a 2007 article for Summit Magazine titled "Door #1 or Door #2", Robert C. Worthington posed the question whether it would be possible for an aggrieved bidder to pursue a remedy through the courts while also seeking redress through the Canadian International Trade Tribunal (CITT).
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Are grads prepared to confront real world?

Christopher Guly — Fri, 02 Dec 2011 00:00:00 -0500

With the spectre of a double-dip recession on the horizon, clients have been less likely to pay exorbitant fees for young lawyers who may have great academic credentials, but lack key skills, legal observers say.

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Selling sizzle on the steak

Geoff Kirbyson — Fri, 25 Nov 2011 00:00:00 -0500

Some lawyers -not many -have personalities etched deep into the public consciousness. But few law firms project any such image. Pitblado LLP would like to change that. Thanks to a recent overhaul of the Winnipeg-based firm's brand and website, the varied personalities of its lawyers are starting to come through.

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Senior judges wary of grilling

Cristin Schmitz — Fri, 25 Nov 2011 00:00:00 -0500

Senior Ontario judges are warning of the dangers of partisan politics creeping into the revolutionary new public questioning of nominees for the Supreme Court of Canada.
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Coming to terms with online copyright

Richard Stobbe — Fri, 25 Nov 2011 00:00:00 -0500

Who owns the content that is available on the Internet? If you can freely access it, is it fair game to copy it and repackage it? Or do a website's terms and conditions apply, even without a click-through screen?
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Bankruptcy doesn't shelter the dishonest

Samuel Marr And Anna Wong — Fri, 25 Nov 2011 00:00:00 -0500

The recent recession has spawned an unprecedented spike in personal bankruptcy filings. According to figures from the Office of the Superintendent of Bankruptcy Canada, personal bankruptcies hit a record high of 116,381 in 2009, falling slightly in 2010.

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Your desk is dirtier than you think

Donalee Moulton — Fri, 25 Nov 2011 00:00:00 -0500

For many lawyers, lunchtime looks remarkably like the rest of their day. There's a view of the desk, the computer and the filing cabinets. But eating lunch in your office is not synonymous with efficiency and effectiveness.
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Lawyers win round in pay battle

Cristin Schmitz — Fri, 18 Nov 2011 00:00:00 -0500

The federal government's 2,700 unionized lawyers and prosecutors are "very much encouraged" by a judge's decision to strike down the 2.5-per-cent wage cap retroactively imposed on them for 2006-2007, says the president of the Association of Justice Counsel (AJC).
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Charron praises system that others 'envy'

Cristin Schmitz — Fri, 18 Nov 2011 00:00:00 -0500

Imagine being in an arranged marriage -with not one but eight lawyers. Being a Supreme Court of Canada judge sometimes feels like that, says newly retired Justice Louise Charron in her only interview since leaving the court last August.
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Web time travel with the Wayback Machine

Leonard Polsky — Fri, 18 Nov 2011 00:00:00 -0500

The next time you receive the dreaded '404 -Page Not Found' message, don't give up your Internet search in disgust. Just because you can't find that web page doesn't mean it's truly gone.
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Not easy for students to bail out on loans

Donalee Moulton — Fri, 18 Nov 2011 00:00:00 -0500

Filing for bankruptcy is never easy, and claiming bankruptcy when student loans are involved is even more difficult. Sam Rappos, a senior associate at Borden Ladner Gervais LLP in Toronto, notes that in the case of bankruptcy "the intent is to give an honest but unfortunate debtor an opportunity to redeem themselves.
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Work in sprints, avoid marathons

Matthew Chung — Fri, 18 Nov 2011 00:00:00 -0500

Anyone reading this at the end of yet another long day at the office may have been wasting a lot of time. A recent study in the Psychological Review says the key to putting in one's best performance is working harder in short spurts, not longer.

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