Picture of family outside

Practising law with your children: tips for survival

October 27, 2020 | By Julius Melnitzer Many are the parents, lawyers certainly among them, who wished their kids would follow in their footsteps. Just as many are the parents – and children – who regretted that they did. The difficulties of inter-generational co-operation in the workplace are legend. They need not be repeated here. […]

Women awarded less for pain and suffering than men

October 26, 2020 | By Julius Melnitzer A recent study of general damage awards in Canadian courts reveals that men receive an average of $5,674 more for their pain and suffering than women do for similar injuries. The study, conducted by Painworth, an online site that helps individuals calculate the potential value of their personal […]

Picture of doctor's bag with stethoscope over it

The Case Doctor: a new legal species

October 19, 2020 | By Julius Melnitzer Richard Shekter of Shekter Legal, a Toronto mediator and arbitrator, has put an interesting twist on the notion of a “second opinion”. After 44 years as an all-purpose counsel with a reputation for taking on anything with merit that came through the door, he set up shop as […]

Canada’s enforcement void: of tax cheats and money launderers

October 18, 2020 | By Julius Melnitzer Tax cheats and money launderers, it seems, are all the rage in Canadian and international news again. But chances are we’ll hear little about how governments have forced them to disgorge their ill-gotten gains. That’s because the cheats and their advisors have mastered the art of corporate disguise, […]

Counsel are judge’s “lens”: Ontario Court of Appeal

October 12, 2020 | By Julius Melnitzer Putting forward the evidence isn’t enough: argue your theory at trial if you want to complain on appeal about its treatment. That’s the message from the Ontario Court of Appeal’s recent decision in Becker v. Toronto (City). “The court made it pretty clear that if an issue isn’t […]

What to do about sharp rise in self-represented litigants

October 12, 2020 | By Julius Melnitzer Increased funding for legal aid to help with the dilemma of self-represented litigants (SRLs) isn’t in the cards — at least not anytime soon. “I and many others who have advocated more funding for legal aid just have to be realistic,” said professor Nicholas Bala of Queen’s University […]

McMillan bulks up competition group with Joshua Krane

Tuesday, October 6, 2020 | By Julius Melnitzer Competition lawyer Joshua Krane has joined McMillan LLP as a partner in the Toronto office. Recognized as a future leader by Who’s Who Legal, Krane advices on pricing, marketing and contracting practices. He counsels clients on relationship management with customers, suppliers and other market participants. Krane has […]

Commercial reality alive and well in transfer pricing world

The Federal Court of Appeal (FCA) has snafued the Canada Revenue Agency’s (CRA) attempt to upend transfer pricing arrangements between Cameco Corporation and its Swiss subsidiary – in what amounted to a no-holds barred attack on the commercial realities facing multinational companies. In the CRA’s view of the world, respect for contracts and the separate […]

Courts mature in their approach to GAAR

September 28, 2020 | By Julius Melnitzer The Federal Court of Appeal’s decision in Canada v. Bank of Montreal (BMO) may represent a third-generation evolution of general anti-avoidance rule (GAAR) caselaw. “Initially, in cases like Canada v. Canadian Pacific Ltd., the courts were not really comfortable with the GAAR concept and uncertain how far it […]

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