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BARE BONES BRIEFS: Family lawyers make these professional misconduct mistakes | Clio offers escape from restrictive legaltech contracts | Wikipedia influences judges’ decisions: MIT study | Former CJO Strathy joins Arbitration Place | Medical device mass torts proliferating

By Julius Melnitzer | January 30, 2023 PROFESSIONAL CONDUCT MISTAKES FAMILY LAWYERS SHOULD AVOID In a Six Minute Family Lawyer Program, Bill Trudell, who defends lawyers before the Law Society of Ontario, outlined five Rules of Professional Conduct “that frequently are not followed and ones that may be of particular relevance to the family law […]

Pensions & Employee Benefits 0

Withdrawal of real return bonds could financially impact DB pension plans: CIA

By: Julius Melnitzer | January 21, 2023 The Canadian Institute of Actuaries is urging the federal government to reconsider its cessation of real return bond issuances, citing the potential financial impacts to defined benefit pension plans. “We request not only that the decision to cease issuing real return bonds be reconsidered, but also that the […]

Business Law 0

Top 10 business law decisions of 2022, Part II – – – and the law firm players

By Julius Melnitzer | January 19, 2023 This is the second of our annual two-part series ranking the top 10 business law decisions of the just-ended year. The first part featured cases ranked 6-10, while this article highlights the top five cases in ascending order. 5. Peace River Hydro Partners v. Petrowest Corp. (SCC) In […]

Business Law 0

Top 10 business decisions of 2022, Part I – – – and the law firm players

By Julius Melnitzer | January 18, 2023 What follows is the first part of our third annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. Read Part I here. 10. Nova Chemicals Corp. v. Dow Chemical […]

Pensions & Employee Benefits 0

Ontario tribunal determines employer entitled to $320K pension surplus

By Julius Melnitzer | January 7, 2023 The Financial Services Tribunal of Ontario has allowed an employer to keep a $320,000 pension surplus, despite the plan’s trust agreements’ silence as to surplus entitlement. “The requirements for an employer to receive 100 per cent of surplus are strict, but the tribunal took a practical [approach] as […]

Family Law 0

Child support disputes burgeoning

Laura Paris says courts can overrule termination language for adult child support. By Julius Melnitzer | January 5, 2023 As inflation persists and a recession hovers, disputes over child support, including its continuation past age 18, are burgeoning. “Child support, which is reviewable annually, has become a bigger issue with inflation as there’s no automatic cut-off […]

Business Law 0

Cryptocurrency fraud remedies available but enforcement difficult in Ontario

Enforcing civil remedies for crypto fraud is at least 50 percent of the problem, says Lou Brzezinski By Julius Melnitzer | January 4, 2023 As the investment hub of one of the most crypto-obsessed countries in the world, Ontario will need appropriate legal remedies to deal with the currency’s problems, evidenced most recently by the […]

Business of Law 0

Law Society of Ontario accepts license surrender from lawyer Jerry Nesker who misused trust account

Bill Trudell says his client was trying to help a client and didn’t intend wrongdoing. By Julius Melnitzer | January 3, 2023 The Law Society Tribunal has allowed veteran Toronto lawyer Jerry Nesker to surrender his license after using his trust account to permit transfers of $150 million from abroad for purposes unrelated to the practice […]

Business of Law 0

Ottawa lawyer James Bowie, accused of sexual misconduct, suspended by LSO in unrelated proceedings

Ottawa lawyer James Bowie was suspended by the Law Society of Ontario indefinitely. By Julius Melnitzer | January 2, 2023 The Law Society of Ontario has suspended embattled Ottawa lawyer James Bowie indefinitely until he responds satisfactorily to investigators’ requests to produce books and records related to his practice. When and if he does so, the […]

Uncategorized 1

OCA orders new trial for accused whose lawyer ‘conscripted him into assisting his own prosecution’

The Ontario Court of Appeal said counsel’s incompetence was ‘pervasive.’ By Julius Melnitzer | December 31, 2022 The Ontario Court of Appeal has ordered a new trial for an accused whose lawyer, Toronto’s Janice R. Johnson, a 35-year veteran of the criminal bar, “conscripted [him] into assisting his own prosecution.” The OCA’s reasons are damning. […]