November 17, 2020 | Julius Melnitzer The Ontario Divisional Court has ruled that a “wait-and-see” approach to striking jury notices due to delays caused by COVID-19 is appropriate in certain cases. The decision in Louis v Poitras was unanimous. “The use of “wait and see” in this way demonstrates the willingness of the court to […]
November 15, 2020 | By Julius Melnitzer The feds are tabling new privacy legislation on Monday. The proposed statutes are the Consumer Privacy Protection Act (CPPA) and the Personal Information and Data Protection Tribunal Act (PIDPTA). Although there’s no concrete information available about the proposed laws’ contents, privacy expert David Young of David Young Law […]
November 13, 2020 | By Julius Melnitzer Full disclosure: I hate Donald Trump. Further full disclosure: Democracy is lucky to have lawyers who will represent the jerk. I was among many who couldn’t believe what I was seeing and hearing in the last four years: disruption, disregard, disrespect, dishonesty, denigration, deflection and denial, all in […]
November 7, 2020 | By Julius Melnitzer The European Commission (EC) has finally moved towards meaningful rights for environmentalists to challenge administrative decisions. In theory, non-governmental organizations(NGOs) have had that right since the European Union (EU) signed the United Nations-backed Aarhus Convention, which came into force in 2001. The Convention now has 47 states as […]
November 5, 2020 | By Julius Melnitzer There’s something afoot in the Supreme Court of Canada. And it adds heavy fuel to the debate about the extent to which the court is becoming politicized. In their recent judgment in Fraser v. Canada (Attorney General) 2020 SCC 28, both the majority and the minority accuse each other of departing […]
November 4, 2020 | By Julius Melnitzer Sooner or later, some enterprising lawyer was going to try it on: why not intervene in a funding application brought by counsel competing for carriage of a class action? The scene of the crime was litigation over Ukraine International Airlines (UIL) flight 752. Iran shot the flight down […]
Julius Melnitzer | November 2, 2020 A recent decision from the Supreme Court of Canada suggests the test for employers seeking to limit recovery for unlawful termination damages related to long-term incentive plans may be insurmountable in practice. Read more.
November 2, 2020 | By Julius Melnitzer The Law Society of Nunavut (LSN) may grant full mobility to Barreau du Québec members. The LSN will consider the matter at a virtual special meeting to be held on Thursday, November 26 @ 6 PM ET. Nunavut is not currently a signatory to the National Mobility Agreement. […]
October 30, 2020 | By Julius Melnitzer The Supreme Court of Canada has agreed to consider whether Loblaw must pay Canadian tax on the profits of a Barbados-based subsidiary. The appeal could have landmark consequences for both the general anti-avoidance rule (GAAR) and the foreign accrual property income (FAPI) regime. “This could be a major […]
October 28, 2020 | By Julius Melnitzer Nowhere, perhaps, are legal issues emerging more rapidly than in the context of sharing platforms like Airbnb, UBER, LYFT and TURO. What makes this even more interesting for lawyers is that it’s not just the legal issues that are emerging: the industries buying into this model are emerging […]