Shannon Kari

Shannon Kari

Shannon Kari is an experienced freelance legal journalist.
Tuesday, 03 January 2017 09:00

Third-party litigation funding

Image: Jeannie Phan
Image: Jeannie Phan
The first statutory restrictions against maintenance and champerty were enacted in England in 1305, as a result of royal officials and nobles lending their names to dubious legal claims in exchange for a portion of any proceeds. The medieval-era statutes were repealed in 1967 and, for most in the profession today, the doctrines are likely a long-ago law school memory.
However, the concepts are being addressed again in courts in Canada in the 21st century, in connection with third-party funding agreements for litigation.
Monday, 31 October 2016 09:01

A true plan for the legal department

A true plan for the legal departmentThe world of strategic planning can often seem confusing and overpopulated with buzzwords and acronyms such as SWOT or SMART. For an in-house legal department though, a well-crafted set of goals that are measurable can both contribute to a company meeting its overall goals and also highlight the value of the legal services that are being provided.
Monday, 03 October 2016 09:00

Top secret

Top secretThe federal process for appointing judges has been highly murky, and hopes are high for real reforms
Thursday, 08 September 2016 22:00

Minimizing risk in an investigation of wrongdoing

Minimizing risk in an investigation of wrongdoingAt a conference on white-collar crime in New York this spring, the deputy attorney general of the United States tried to clarify the intent behind a directive that was widely known by her last name, instead of its actual title, the Individual Accountability Policy.
Monday, 04 July 2016 09:00

Provincial court snakes & ladders

Provincial court snakes & laddersThe two most high-profile criminal trials in Canada in the past year were ones that took place in provincial court. The prosecutions of Senator Mike Duffy and former CBC radio host Jian Ghomeshi were the source of voluminous media coverage — by national media outlets, on social media, and the subject of endless commentary by columnists, pundits, and academics. As well, the courtroom actions and eventual rulings by justices Charles Vaillancourt and William Horkins were subject to intense scrutiny.
Monday, 02 May 2016 09:00

The trouble with sex assault trials

The trouble with sex assault trialsIn an overview of the law of sexual assault and the need both to encourage reporting of this crime and to ensure that myths about complainants are not part of the analysis conducted by a trier of fact, Chief Justice Beverley McLachlin made these comments: “[T]he reality is that evidence of sexual conduct and reputation in itself cannot be regarded as logically probative of either the complainant’s credibility or consent . . . the old rules which permitted evidence of sexual conduct and condoned invalid inferences from it solely for these purposes have no place in our law.” The statements are not recent; they were made in 1991 and form part of her majority judgment for the Supreme Court of Canada in R v. Seaboyer.
Monday, 25 April 2016 09:00

No clear path

No clear pathThe Supreme Court of Canada is normally the end of the road for contentious legal issues, regardless of which area of the law is being argued. In its long-awaited decision last December in a trilogy of secondary markets class action appeals, however, lawyers who acted on the plaintiff side and those on the defendant side of these actions were left wanting when it came to the big picture in this area.
Monday, 29 February 2016 09:01

The big sell-off

The big sell-offThe successful bidder for 11 acres of prized waterfront real estate, near the foot of Yonge Street in downtown Toronto, is expected to be announced later this month. The site is the former location of the head office of the Liquor Control Board of Ontario and what used to be one of its flagship retail outlets.
Monday, 02 November 2015 09:00

Internal affairs

Internal affairsWhen the non-governmental organization Transparency International hosted its 16th annual anti-corruption conference in Malaysia in early September, one of its keynote speakers might have seemed, at least on the surface, to be an unusual choice.
Monday, 07 September 2015 09:00

Shaking up labour laws

Illustration: Peter Ryan
Illustration: Peter Ryan
When the Ontario government announced a review earlier this year of the provincial Employment Standards Act and Labour Relations Act, the terms of reference were very broad. The Changing Workplaces Review is to consider possible amendments to both statutes in light of “trends and factors” that include globalization, trade liberalization, technological change, the growth of the service sector, and changes in “standard” employment relationships.
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