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Article

Raising new issues on appeal

Marco P. Falco The Lawyer’s Daily After a lower court proceeding, lawyers may be tempted to devise new arguments on appeal in the hope of having an unfavourable decision overturned. Ho...
Jun 14, 2021
Article

Appellate Litigation and Judicial Review: A Litigator’s Most Common Mistakes

Marco P. Falco The prospect of embarking on an appeal or application for judicial review from a Tribunal proceeding or a motion, application or trial can be daunting...
Jun 10, 2021
Article

Reflections and Trends to Look for Since the Legalization of Recreational Cannabis in Canada

Andrew J. Wilder and Siena Hilley Bland Business of Cannabis In October 2018, Canada became the second country in the world to legalize the production, use and sale of recreational cannabis. In the approximately...
May 27, 2021
Article

Bill and Melinda not the only high-net-worth couple whose divorce playbook is ahead of the curve

Laurie H. Pawlitza Special to Financial Post The news of Bill and Melinda Gates’ recent separation after 27 years of marriage has caused a media frenzy and a mix of awe and envy in family law cir...
May 14, 2021
Article

When related criminal proceeding postpones civil action's limitation period

Marco P. Falco The Lawyer's Daily For most civil actions in Ontario, a plaintiff must bring their lawsuit against the defendant within two years. But the two-year limitation period may...
Apr 28, 2021
Article

Privacy of Personal Information: The Issue of the Decade

Journal of Automotive Arts, January/February 2006
Apr 22, 2021
Article

Applying for Trademark Protection is More Important than Ever

Journal of Automotive Arts, September/October, 2006
Apr 22, 2021
Article

New Consumer Protection Act

Journal of Automotive Arts, November/December 2006
Apr 22, 2021
Article

Updated Divorce Act emphasizes parental responsibilities over rights to children

Laurie H. Pawlitza Special to Financial Post Six weeks ago, the first significant changes in years were made to the Divorce Act, the federal legislation that deals with parenting, child and spous...
Apr 14, 2021
Article

The Value of Written Employment Contracts: Risk and Reward

Peter C. Straszynski Business of Cannabis Whether you are a start-up or a well-established enterprise, and whether you are hiring your first or your hundredth employee, written employment cont...
Apr 6, 2021
Article

Is summary judgment always the solution?

Marco P. Falco The Lawyer's Daily "Fast justice" may not always amount to good justice.
Apr 5, 2021
Article

An important tax strategy for cannabis business owners – Part 1

Ted Citrome Business of Cannabis One of the most common objectives of a successful business owner is to create an ownership structure which minimizes taxes and facilitates the transfe...
Mar 26, 2021
Article

Catch me if you can: Case shows 'fake evidence' and witness coaching among perils of digital-age trials

Adam N. Black Special to Financial Post Owing to the changing landscape of technology, the evidentiary records over which judges must pore today are full of countless forms of electronic evi...
Mar 5, 2021
Article

Economic Losses in Civil Sexual Assault Cases

Loretta P. Merritt Scientific studies have shown that individuals first exposed to criminal victimization as children or in adolescence have significantly lower life-cou...
Mar 3, 2021
Article

Has the litigation culture shift happened?

Marco P. Falco The Lawyer’s Daily In 2014, the Supreme Court of Canada issued a judicial clarion call in Hryniak v. Mauldin 2014 sec 7. The court required a litigation "culture shift" ...
Feb 22, 2021
Article

To Co-Pack or Not to Co-Pack?

Matt Maurer and James Leech Business of Cannabis In 2018, on the precipice of cannabis legalization in Canada, Deloitte published a report which surveyed Canadian attitudes and response to the legali...
Jan 26, 2021
Article

Why the court is blocking an Alberta man's request for a quick divorce so he can remarry

Laurie H. Pawlitza Financial Post The Divorce Act allows a divorce to proceed once certain criteria have been met, one of which is that the couple must have been separated for at least...
Jan 13, 2021
Article

Commercial Times - The Duty of Honesty in Commercial Contracts: What You Now Need to Know

Marco P. Falco Commercial Times In 2014, the Supreme Court of Canada recognized that all parties to a contract have a duty to act honestly: Bhasin v. Hrynew, 2014 SCC 71. This includ...
Jan 12, 2021
Article

Legal test for partial summary judgment

Marco P. Falco The Lawyer’s Daily One of the tools parties use to shorten the length of civil actions is to resolve their disputes by way of summary judgment. The Supreme Court of Cana...
Jan 11, 2021
Article

Think before you click! New cyberthreat assessment published

Lisa R. Lifshitz Canadian Lawyer In November 2020 the Canadian Centre for Cybersecurity (“Cyber Centre”) issued its second National Cyberthreat Assessment document (the “Report”), whi...
Dec 16, 2020
Article

The end of partial summary judgment?

Marco P. Falco The Lawyer’s Daily Litigation is costly. Canadian courts have a number of weapons in their arsenal to address this issue. One of them, the summary judgment motion, has b...
Dec 10, 2020
Article

Publication Bans: Do They Help or Hurt Abuse Survivors?

Loretta P. Merritt There are some interesting legal issues that arise for sexual abuse survivors when there are related criminal and civil proceedings. Most times, when ...
Dec 10, 2020
Article

Lawyers beware: Alternative processes may not suspend limitation period

Marco P. Falco The Lawyer's Daily Since the 2016 decision in 407 ETR Concession Co. v. Day 2016 ONCA 709, Ontario law is clear that where a plaintiff pursues an alternative process to ...
Dec 4, 2020
Article

Proposed Canadian Privacy Bill Introduces Fines and New Requirements for Private Organizations

Lisa R. Lifshitz and Cameron McMaster Business Law Today The Canadian government’s long-awaited overhaul of existing federal private-sector privacy legislation finally arrived on November 17, 2020, with the ...
Dec 2, 2020
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