Jones Day & Trump: Thank God for the lawyers
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 […]
EU environmentalists score big access to justice win
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 […]
Is SCC looking like SCOTUS?: The language in Fraser v. Canada
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 […]
Ontario Superior Court: New twist on class action funding approvals
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 […]
Supreme Court decision aggravates termination clause problems for employers
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.
Nunavut considering full mobility for Quebec lawyers
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. […]
CRA asks SCC if Loblaws can avoid tax on Barbados earnings
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 […]
The Sharing Economy: a book worth sharing
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 […]
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 […]