The new frontier

  • Legal Report: ADR
Written by Posted Date: September 7th, 2010

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2010_September_legal-report-adr.jpgThe Université de Montréal law faculty’s Centre de recherche en droit public drew the ire of lawyers across the globe in 1996 when it launched the CyberTribunal project. The groundbreaking venture was the first to offer consumers an exclusively online mediation and arbitration platform to settle disputes with online vendors. Many lawyers were appalled by the brazen experiment in managing disputes between parties that would never come face to face and, perhaps more to the point, not pay counsel to help generate a settlement.


The Top 25 Most Influential

  • Canadian Lawyer's picks of this country's most powerful lawyers
Written by Posted Date: August 3rd, 2010
Love to hate them but lists of the tops in any profession are still compulsive reading. Canadian Lawyer is stepping into the fray with the Top 25 Most Influential in the justice system and legal profession. As this is the first year, our list will undoubtedly be controversial but we are ready to brave the slings and arrows of the profession.

Q&A: Snow to focus on northern issues

Written by Posted Date: August 3rd, 2010

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2010_August_rod_snow.jpgRod Snow, a partner at Davis LLP in Whitehorse, practises aboriginal, mining, and environmental law. He was born and raised in Nova Scotia, but found himself in Vancouver after completing his LLM at the University of Washington. In 1993, he moved to the Yukon to help Davis open its first office in the North and stayed ever since. As the first president of the Canadian Bar Association from the North, he plans to focus on several issues affecting Northern Canada.


Four pillars to resurrect a broken system

  • Legal Report: Family Law
Written by Posted Date: August 3rd, 2010

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2010_August_familylawpillars.jpgWhen newly appointed Attorney General Chris Bentley set off on his travels around Ontario, hoping to speak to members of the legal community about criminal and civil matters, he found that everyone really wanted to talk about family law. “For many years we hadn’t done much to family law — just little tweaks in the legislation and the process — but everywhere I went the lawyers and judges and people in the community all agreed that something needed to be done.” According to Bentley, the call for reform has been hard sell; loud and persistent. “I heard that the existing approach was ‘very frustrating.’ That’s the nicest way of putting it. Everyone wanted decisions to be made faster with less anger and confrontation and for the system to be one heck of a lot cheaper and less complex.”


On the right track

  • Legal report: Litigation
Written by Posted Date: July 4th, 2010

b_150_0_16777215_00___images_stories_2010_July_pre_trial.jpgWhen the parties involved in a recent personal injury case in London, Ont., came out of the courthouse with a settlement in their hands, there was a sense of relief for everyone involved mixed with a feeling of appreciation that an intensive pretrial process had shown results. 


Public law

  • Cover Story
Written by Posted Date: July 4th, 2010

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2010_July_cl_july_10.jpgBrian Saunders had two inspirations when he signed up with the federal Justice Department in 1977. Public service was in his blood and — among the goals that would lead him one day to head the new Public Prosecution Service of Canada — he wanted to go to court. “All of my father’s family and my mother’s family were public service,” the youthful-looking Justice Department veteran says. “My father’s family, all his brothers and him, were in the military. My mother’s family were all school teachers and nurses, so I was brought up in families that had a sense of working for the public.”


Good business or cheating the taxman?

  • Cover Story
Written by Posted Date: June 7th, 2010
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2010_June_cl_current_issue.jpgOffshore financial centres, or offshore tax havens as they are more commonly referred to, have been the subject of heightened international scrutiny and pressure in recent years from governments in the developed world.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2010_June_money.jpgCanada’s legal industry seems to be taking a cautious approach to economic recovery, as Canadian Lawyer’s 2010 legal fees survey indicates widespread fee reductions have been ushered in for the year ahead.

Business solutions for boardrooms

  • Legal report: Insolvency
Written by Posted Date: June 7th, 2010
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2010_June_business-solutions.jpgJustin Fogarty is not your father’s restructuring and insolvency lawyer. Sure, the Toronto-based partner at Davis LLP was called to the bar in 1986 after graduating from law school but he spends a decreasing proportion of his time in a courtroom. Instead, he’s increasingly brandishing his skills as a provider of business solutions in his clients’ boardrooms.

A chink in mandatory minimums

  • Legal Report: Criminal Law & Forensics
Written by Posted Date: May 2nd, 2010
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2010_May_hands-illustration.jpgAs mandatory sentences are becoming more common and with Bill C-25 limiting credit for time served in remand, such thresholds are being seen as steadily eroding judicial discretion. The most notable wave washing ashore on judicial benches was seen in the Conservatives’ Tackling Violent Crime Act (Bill C-2 passed in 2008). The government is rationalizing mandatory minimums as the public’s desire to see more uniformity in sentencing practices. But the price of such sentencing “fits,” more solidly entrenched in the U.S., is taking its own toll on the Canadian justice system.

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