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BARE BONES BRIEFS: FC dismisses murdered Indigenous women’s class action, certifies class for feds’ negligence to Indigenous in custody | Divisional Court dismisses ‘intrusion upon seclusion’ class action against Equifax | Lawyers fined $33,500 for missing fraud at firm | ICC touts arbitration as part of international minimum tax framework | Best of: law firm bulletins

By Julius Melnitzer | June 25, 2021 MIXED RESULTS IN INDIGENOUS CLASS ACTIONS Indigenous class actions seeking to impose liability for mistreatment on governments and police have achieved mixed results. On June 23, the Federal Court certified a class consisting of Aboriginal persons assaulted by the RCMP while in custody in the Northwest Territories. The […]

Family Law 0

Bill Gates exclusive: announcing your divorce on Twitter?

By Julius Melnitzer | June 23, 2021 Bill and Melinda Gates are an inspiration to many. Class is all over them, including the way they handled the announcement of their separation on Twitter after 27 years of marriage. So why not follow one of today’s leading influencers and do the same thing? “When people are […]

Business Law 0

Cryptocurrency: the Wild West no more?

By Julius Melnitzer | June 22, 2021 There’s a serious irony in the notion that the cryptocurrency landscape still resembles the Wild West. “I would argue that it never did,” says David Rotfleisch of Toronto-based tax boutique Rotfleisch & Samulovitch P.C. “After all, it’s based on blockchain, which records every single transaction on a ledger […]

Bare Bones Briefs 0

BARE BONES BRIEFS | LSE: “Mediocre” male managers hold women back | Court: Receiver can monetize public shell listing | 3rd ed. of Kaplan, Frazer’s Pension Law published | Canadian start-up tops InsurTech awards | Best law firm webinars and bulletins

By Julius Melnitzer | June 21, 2021 “inadequate” men suit financial services prototypes “Mediocre” male managers practising “fake empathy” are holding back women in the finance industry, says a new report from Women in Banking and Finance and the London School of Economics (LSE). Apparently, the men were more likely to succeed because they fit […]

Business Law 0

Bill C-12: Why the Green Party and environmental groups are against Ottawa’s net-zero climate bill

By Julius Melnitzer | June 16, 2021 Make no mistake about it: Bill C-12, the federal legislation designed to achieve net-zero greenhouse gas emissions is nothing more than a top-down mandate focused on making net zero emissions commitment the obligation of the federal government. “What Bill C-12 doesn’t tell us is how the federal government […]

Writing Tips 0

The Advocacy Club: virtual reality for law students

By Julius Melnitzer | June 9, 2021 Law school and the practice of law, it often seems, have only the law in common. But as many inductees to the profession have discovered, that’s not necessarily enough – practically or psychologically. “I was astounded how different the practise of law is from what we’re told in […]

Bare Bones Briefs 0

BARE BONES BRIEFS | Advocates’ Society releases final report on future of advocacy | Scrotum sanctions: OCA upholds $150,000 punitives award against employer | SCC to decide whether receivers can disclaim arbitration agreements | OCA: Municipality owes no duty of care to developer | FC: “Budway” weed infringes “Subway” sandwich | Best law firm webinars and bulletins

By Julius Melnitzer | June 14, 2021 Modern Advocacy Task Force releases final report The Advocates’ Society Modern Advocacy Task Force has just released its final report, The Right to be Heard: The Future of Advocacy in Canada. The report identifies four overarching principles: the open court principle, the imperative of access to justice, the […]

Labour & Employment Law 0

Ontario court upholds arbitration clause in employment contract

By Julius Melnitzer | June 11, 2021 An arbitration clause that doesn’t explicitly prohibit a terminated employee from making a complaint to the Ministry of Labour doesn’t offend employment standards legislation, the Ontario Superior Court has ruled. “The ruling will give comfort to employers that Ontario courts will enforce arbitration clauses,” says David Vaillancourt of […]

Bare Bones Briefs 0

BARE BONES BRIEFS | OCA: ineffective lawyering can include bad advice on whether to testify | OCA: Police can’t investigate impaired driving on private property | OCA: Interest owing protected by CLA trust fund | Standard NDA approaches reality | Best law firm webinars and bulletins

By Julius Melnitzer | June 7, 2021 OCA: COUNSEL’S FAILURE TO EXPLAIN BLENDED PROCEDURE IMPACT VITIATES CONVICTION The Ontario Court of Appeal has ruled that an accused who testified and made what amounted to a full confession on a voir dire should have his conviction overturned because counsel failed to advise him before agreeing to […]

Bare Bones Briefs 0

BARE BONES BRIEFS | SCC: Can courts cancel child support arrears retroactively? | FCA upholds “unprecedented” site block order | SCC grants leave from $644 million patent infringement award| OCA rules on limitation in unidentified motorist cases | Can’t miss: law firm webinars & bulletins

By Julius Melnitzer | June 1, 2021 CAN JUDGES CANCEL CHILD SUPPORT ARREARS RETROACTIVELY? On Friday, June 4, the Supreme Court of Canada (SCC) will determine whether courts can retroactively cancel child support arrears. The judgment in Colluci v. Colluci will consider whether doing so provides an incentive for payors to be delinquent. Related Article: […]