Articles

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 […]

The new way for in-house counsel to ID legal disputes early

September 28, 2020 | By Julius Melnitzer The Deep Tech Resolution Lab (DTRL) at Oxford’s Faculty of Law is building an artificial intelligence (AI) system to search corporate data for signs of trouble before they emerge. According to the Law Society Gazette, DTRL is asking in-house lawyers to help them with the project. “The idea […]

Get a leg up on your injury’s worth – – – for free and without a lawyer

September 27, 2020 | By Julius Melnitzer You’re injured in an accident. You’re lost, alone and frustrated, and you’re looking for a lawyer. Michael Zouhri of Edmonton knows how you feel. And that’s why he created PainWorth, free online software touted as ”the world’s first fully-automated app that helps you calculate the potential value of your […]

BLG appoints new partnership board chair

September 24, 2020 | By Julius Melnitzer Borden Ladner Gervais LLP (BLG) has appointed Shelley-Mae Mitchell as chair of its partnership board. Mitchell is the second woman in five years in the position. The board provides direction, oversight and governance for the firm. Mitchell is a Vancouver-based, Chambers Canada-recognized labour and employment lawyer. She’s been […]

Beware the pitfalls of employees working remotely from abroad

September 21, 2020 | By Julius Melnitzer There’s a new twist on the expatriate employee: one who wants to or has to move abroad, to a place where the employer has little if any presence – – – but is willing to do the job remotely. There’s also a variation on the theme. It comes […]

When law firms need lawyers, whom do they call?

September 21, 2020 | By Julius Melnitzer This is the second of a three-part LegalWriter.net series on lawyers who represent lawyers When lawyers get into trouble, the reputation of an entire firm may be at stake. But the concerns of the individual lawyer and the firm can diverge. They may have different views of the […]

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