Decision raises questions about dependent contractors’ entitlement to reasonable notice
By Julius Melnitzer | January 19, 2024 A recent Canada Industrial Relations Board decision has raised questions about the threshold that individuals must meet to be considered dependent contractors who are therefore entitled to reasonable notice on termination without just cause. Dependent contractors, while not formally considered employees because of the degree of control and […]
Another Law Firm Just Went Down
Photo by Irfan Rahat at Pexels By Murray Gottheil | January 17, 2024 Write what you know.~ Mark Twain I know absolutely nothing about the collapse of Minden Gross LLP beyond what I have read in the Globe & Mail. However, I did hang around the legal profession for a long time, and I figure […]
Top 10 business decisions of 2023, Part I – and the law firm players
By Julius Melnitzer | January 15, 2024 What follows is Law360 Canada’s annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. 10. Benjamin Moore & Co v. Canada (Attorney General) In this case, the first time […]
Believe Them the First Time
Photo by Antonio Friedemann at Pexels By Murray Gottheil | January 9, 2024 When someone shows you who they are, believe them the first time – – – Maya Angelou I have observed that there are many pitifully unhappy folks in law whose irrational hopefulness is downright impressive in a kind of twisted and sad way. […]
BARE BONES BRIEFS: No kidding: $50 million counsel fee ruled “excessive” in $23 billion class action | CEO mismanagement is grounds for tax relief: FC | M&A activity lowest in decade | PE activity slows to pre-pandemic levels: Blakes | COVID inventory losses not insured: OCA
By Julius Melnitzer | January 7, 2024 FEDERAL COURT SLASHES $50 MILLION COUNSEL FEE Justice Mandy Aylen of the Federal Court of Canada has denied approval of a $50 million fee sought by Sotos LLP; Kugler Kandestin LLP; Miller Titerle+ Co.; Nahwegahbow, Corbiere; and Fasken Martineau Dumoulin LLP, class counsel in the $23 billion settlement […]
Grilled Cheese, Please
Photo by Ahmed Rabea at Pexels By Murray Gottheil | January 3, 2024 There is a restaurant in Lakefield, Ontario called the Canoe & Paddle. On their regular menu is an “Ultimate Grilled Cheese”, which comes with smoked bacon, cheddar, asiago, tomato, and garlic butter. On its “Kids & Seniors” menu, the restaurant offers a grilled […]
Jury providing particulars of findings in med mal cases remains controversial
Mahsa Dabirian This article was created in partnership with Bogoroch & Associates By Julius Melnitzer | December 30, 2023 For some time now, it has been standard practice for judges to instruct Ontario juries to provide particulars or an explanation of their findings on standard of care and causation in medical malpractice and other professional negligence […]
Law Firm Primer For Articling Students and New Associates – Part Eight: The Chief Marketing Officer
By Murray Gottheil | December 27, 2023 Photo by Helena Lopes at Pixels Those of you who have been following this series know said that Part Seven was the final article in the series. It turns out that I lied. The purpose of the series is to set out the questions which articling students and new […]
BARE BONES BRIEFS: OCA upholds $2.5 million award to human rights lawyer | Jeremy Diamond appeals from de facto suspension and $100,000 fine for professional misconduct | Are law firms paying ransomware? | Report: Lawyers are high on AI extinction list | Unaware council passes ChatGPT-drafted law |
By Julius Melnitzer | December 17, 2023 LAWYER’S CAREER-ENDING INJURY JUSTIFIES $2.5 MILLION AWARD: OCA The Ontario Court of Appeal has upheld a $2.5 million award to Geraldine Sanson, a “highly respected human rights lawyer” whose career ended when a car struck her as she was cycling home from work in 2012. The trial judge […]
Hawkers & Hookers
Photo by Tima Miroshnichenko at Pexels By Murray Gottheil | November 20, 2023 Young lawyers often do not realize, or want to accept, that they are in sales. “I am no salesperson” they think. “I am a professional.” Well, I have news for you. There are only two types of professionals. Those who cannot market themselves, […]