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 […]
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. […]
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 […]
Julius Melnitzer | October 22, 2020 Last week’s Supreme Court of Canada ruling that the Royal Canadian Mounted Police pension plan discriminated against job-sharing women should be a wake-up call to pension administrators that changes in plan design to accommodate equality rights are long overdue. Read more Related articles Appeal court upholds ruling in RCMP […]
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 […]