The devil is in the details of the #MeToo Movement

Friday, February 02, 2018  The #MeToo Movement, a cause so noble in its aim of correcting the historical abuse heaped on women, should never have become mired in the controversy that now threatens it. But it did, the day that some of the movement’s proponents and publicists overstepped the boundary between “MeToo” and “YouToo.” It’s […]

U.S. tax reform to bring double taxation to some Canadians

Changes will hit those with American property, dual citizens with Canadian earnings and even needy startups hoping for VC funds from U.S. February 6, 2018 While much of the commentary on U.S. tax reform has focused on the impact on business, some nasty surprises are in store for individual Canadians, particularly those with dual citizenship […]

When sexist, racist robots discriminate, are their owners at fault?

Artificial intelligence has the potential to wreak havoc on diversity initiatives February 20, 2018 Artificial intelligence (AI), it seems, has become the cutting-edge target for proponents of diversity in the workplace. Some experts claim that AI is increasingly biased against women and non-white people. Even robots, they claim, are being sexist and racist. The bias […]

Lack of law profession transparency preventing necessary culture change

Tuesday, February 27, 2018  If you’re Law Society of Ontario (LSO) treasurer Paul Schabas, you’ve got to be frustrated by the results of the recent LSO survey that prompted 20 per cent of responding articling students to reveal that they had received “unwelcome attention.” The results evidence the culture of a profession lagging precariously behind […]

Lawyers’ class action over unpaid employment benefits masks regulatory inaction over unauthorized legal services

Deloitte argues its use of such lawyers does not constitute unauthorized provision of legal services March 7, 2018 The strategy driving an employment class action between Deloitte and more than 400 lawyers is masking an issue fundamental to the future of the legal profession. On its face, the case is about whether Deloitte misclassified the […]

Canadian pension funds increasingly using co-investments to diversify real estate holdings

March 6, 2018 In their constant search for diversification, Canada’s largest pension funds seem to be continually restructuring their Canadian office building portfolios. “The goal has been to redeploy their investments by expanding internationally and developing new class A office buildings in Canada as well,” says Ayres Gonsalves, vice-president of commercial at Dorsay Development Corp., a […]

Rush to adapt misses the profession’s biggest problem: Unrepresented litigants

Monday, March 12, 2018 Even genuine self-examination runs the risk of succumbing to navel gazing. So it is with the legal profession these days. Never before have lawyers been so caught up in rapid change. And never before have they taken such a long, hard look at themselves. Should non-lawyers be allowed to own law […]

Dealmakers relieved as appeal court says privileged information can be shared

The unanimous ruling from the three-judge panel overturns a lower court judgment that treated the sharing of such information as a ‘waiver’ of legal privilege March 13, 2018 Dealmakers breathed a huge sigh of relief last week when the Federal Court of Appeal (FCA) gave them the go-ahead to share privileged communications with other parties […]

Solicitor-client privilege could be next victim of the Panama Papers

Tuesday, March 27, 2018  Mossack Fonseca, the law firm at the heart of the Panama Papers scandal, is closing its doors at the end of March. But its legacy, a full-frontal attack on lawyers, looms large. It’s a matter of optics. So far, there’s scant evidence of criminal activity by lawyers in relation to the […]

The current mess of class action carriage motions

Wednesday, April 11, 2018 So, Justice Paul Perell of the Ontario Superior Court of Justice believes that law firms seeking carriage of a class action should hire independent counsel to argue carriage motions. Why? For no less noble a reason than to “introduce an element or at least the appearance of some objectivity,” Perell wrote […]

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