Departments

Common law couples — til death do they part

  • Legal Report: Wills, Trusts & Estates
Written by  donalee Moulton Issue Date: October 2011
Illustration: Anson Liaw
In most provinces, if common law couples want the same estate rights as married couples, they had better, as Beyoncé so succinctly belts out, put a ring on it. Those once-entrenched distinctions, however, are slowly being rewritten as governments amend legislation and courts hand down new decisions granting common law couples greater access to property and other assets. “For the most part, common law spouses do not have the same financial or property rights as legally married spouses and, generally, are not considered ‘spouses’ for the purposes of an intestate division of an estate,” says Tamzin Gillis, an associate with McInnes Cooper in Charlottetown.

Getting the word out

  • Legal Reports: ADR
Written by  Paul Brent Issue Date: September 2011
Illustration: Dushan Milic
Over the years, Canada has earned its reputation as a destination for international arbitration. Canada was the first country to adopt and implement the United Nations’ UNCITRAL Model Law implementation statutes 25 years ago as well as the first to sign on to the New York Convention, an international treaty covering foreign arbitration awards. The country has also prospered as a place to carry out commercial arbitration due to its proximity to the United States, its bilingual and multicultural status, reputation for fairness and neutrality, common and civil law systems, and a court system supportive of arbitration.

How to choose an e-discovery tool and e-discovery vendor

  • Tech Support
Written by  Dera J. Nevin Issue Date: September 2011
E-discovery expertise rests on two major skills: choosing the right e-discovery tools and using them appropriately within the data to meet the case team’s needs.

All over the map

  • Legal reports: Family law
Written by  Gretchen Drummie Issue Date: August 2011
Illusration: Jason Schneider
A snapshot of cases from coast to coast tells the tale: when it comes to spousal support, the courts are all over the map for those in which the payor’s income exceeds $350,000. And so, some family law lawyers say it’s time for the Supreme Court of Canada to dust off the Brownie camera and develop that final picture. Toronto family law lawyer Will Abbott is one who thinks the scattered approach needs settling. “The Supreme Court doesn’t hear family law cases very often, but this is a situation where one should go.”

On hiatus

  • Cross Examined
Written by  Jeff Mackinnon Issue Date: August 2011
Photo: Nick Devlin
Chima Nkemdirim is a big fan of the arts. But he didn’t choose the art that decorates his friend’s office. “This one here is kind of neat,” he says, motioning behind him as he takes a seat to have his photo taken. “We call it The Giant Lego Thing.” If the statement is intended to deflect blame for the strangeness that greets the eyes there, it is done politely. “That one over there by the desk I’m not so sure about,” he adds, pointing across the room. “It’s kind of creepy.”

A woman of vision

  • Cross Examined
Written by  Jeff Mackinnon Issue Date: July 2011
Travelling is at the top of Victoria De La Ronde's retirement to-do list.
At last count the number of countries Victoria De La Ronde has lived in or visited stood at 64. But the total hadn’t been updated since she returned from a month-long South American cruise in the spring. That trip included a memorable stop in Brazil to journey up the Amazon River. Having been unable to get over a lifelong bout with the travel bug, De La Ronde now says she has set her sights on reaching the 100-country mark. “At an early age this pressure began building up in me to travel,” she says. “It was in my 20s. So, I began travelling in the hopes that I would get over this obsession with visiting places and seeing new things. I never have been able to get over it.”

Using discovery agreements to your advantage

  • Tech Support
Written by  Dera J. Nevin Issue Date: July 2011
Canadian lawyers continue to adapt to new rules in various jurisdictions that require or permit meet-and-confer conferences or discovery agreements. Proponents say that discovery agreements let parties limit the scope — and therefore cost — of documentary discovery. Litigation procedures are streamlined by narrowing issues early, circumscribing “relevance,” and limiting interlocutory procedural motions.

It’s still eat-what-you-kill

  • Law Department Management
Written by  Kevin Marron Issue Date: June 2011
Illustration: Jeremy Bruneel
Few things are more difficult or contentious for law firm managers than arriving at the fairest possible partner compensation scheme in keeping with the goals and culture of the firm. But, in today’s highly competitive legal marketplace, many are finding their best efforts undermined as other firms seek to lure key partners with exorbitant pay packages. “It’s a very real and immediate problem that law firms face right now. It’s one of the things that keep managing partners awake at night,” says Scott Jolliffe, chairman and chief executive officer of Gowling Lafleur Henderson LLP. “It’s creating an uncomfortable dynamic in the marketplace.”

Seller beware

  • Real Estate
Written by  Kevin Marron Issue Date: May 2011
Illustration: Matt Daley
It’s an uncomfortable fact of life that anyone buying into a new condominium development must sign a contract and put down a deposit, sight unseen, years before they can move into a completed building. That’s because pre-sales are routinely required by banks and other lenders that don’t want to advance funds without the security of knowing units will be sold. But the uncertainties involved in this practice are a frequent source of frustration for purchasers and developers alike all over Canada, often leading to disputes and lawsuits.

Just saying ‘no’ to retirement

  • Law Office Management
Written by  Kevin Marron Issue Date: April 2011
Illustration: Jason Schneider
Don’t ever tell Ned Levitt it’s time for him to retire. The 63-year-old partner at Aird & Berlis LLP intends to carry on practising law “until the hearse pulls up to the door.” He’s one of many healthy and highly motivated baby boomers who believe they will remain active and productive for many years to come. “My practice is still expanding so why put an arbitrary time frame on that,” he says. “I work out at a gym three mornings a week. I’m a shortboard windsurfer. So are you going to tell me to go lie on a couch?”
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