Class actions serve the important social purposes of deterring the wrongful conduct of big business, and ensuring that when the “little guy” is harmed, the wrongdoer does not profit. In many class proceedings, the focus is on this latter concept — preventing the unjust enrichment of the defendant — and compensating the injured class members is secondary because on an individual basis the claims are not viable.
 

We baby boomer lawyers hate to admit it but we’re getting set in our ways and it shows. Aquarius’ ability to carry water is diminishing. The more experience we acquire, the more we draw on the bank of subjective judgment. Like used sponges, we absorb new information more reluctantly. In fairness, as I stumble to the gates of the legal quarter-century club, I appreciate more and more the physical energy it takes to keep the old lessons of my early career relevant. Aging and exhaustion are, after all, memetic equivalents. It is often easier to discount the value of the new than to figure out what it means. If we were talking about someone other than ourselves, we would call that being intellectually lazy. If it threatens our view of the world, then we can dismiss it as being invalid. When the analytical mind fails, we grab on to a crutch. We call that crutch common sense.

The social movements of human rights and environmental rights have traditionally operated in separate spheres. Human rights activists have focused on violations of recognized national or international human rights in areas not related to the environment. For their part, environmental activists traditionally focused their activities on advocating for protection of the environment through consultation mechanisms prior to activity that was viewed as harmful to the environment, as well as accountability for environmental harms. Human rights arguments were not part of the picture. More recently, however, there has been an overlap by both of these communities. They have begun to use the language of human rights — both civil and political rights, and economic, social, and cultural rights — to argue against the impacts of activity that would lead to environmental degradation.

With Halloween just days away, executive coach Debra Forman explores a common block to effectiveness: hiding your true self behind an inauthentic and, too frequently, convenient mask.

Well, the monsoons have now arrived in Vancouver, Victoria, and the rest of la-la land after virtually no rain since “Junary” (the name given to that wet month between May and July that no one with any sense plans a wedding in).

Last March, the Ontario Court of Appeal provided guidance on the proper territorial sphere of the Ontario Securities Act, holding that an issuer whose securities are not publicly traded in Canada can be subject to a statutory cause of action by purchasers in the Canadian secondary market. This landmark decision accords the objectives of the Securities Act as well as the reasonable expectations of Ontario residents who purchase securities in Ontario. It also sends a strong message to issuers operating in the province that they cannot avoid liability in this province by listing their securities abroad.

I drank an alarming amount of tea during my first year as a lawyer — two cups in the morning, sometimes three in the afternoon. I went from never having had a cup of tea in 28 years to developing a serious addiction. This was due to spending my first year as a lawyer somewhat differently than most of my 2011 call counterparts — I spent the year in London, England working for barristers as a Fox Scholar.

We talk about leadership a lot! In fact lots of people talk about it a lot!

The legal profession is full of important traditions. Since the 1400s both the bar and bench have engaged in customs regarding attire. While today these customs are still recognized by the robes worn by the judges and justices, for the most part lawyers have much more liberty about what they wear in the office and at the courthouse.

The increasing use of social media presents unique opportunities and challenges for lawyers and judges alike in litigation. Social networking sites such as Facebook have become a tool for gleaning information about a plaintiff’s circumstances. In an action in which the claimant’s physical and mental ability to carry out tasks of daily living, to work, and to enjoy leisure activities are in issue, the information gained from user-posted photos and comments can be remarkable.