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Monday, 20 March 2017 09:00

How to keep sexual assault cases on track

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How to keep sexual assault cases on trackCanada’s substantive and procedural sexual assault laws are pretty strong on the books. Consent must be affirmative, contemporaneous and continuous. Mistaken belief in consent must have an air of reality. Sexual history is presumptively inadmissible. Personal records are rarely relevant. Yet only one in 10 sexually assaulted women makes a report to the police and only one out of 10 of these complaints will result in a conviction.
Liberals pick only low-hanging justice fruit with Bill C-39This month, the Liberal government took swift and decisive action against zombie laws found lurking in Canada’s Criminal Code. Except their actions were not swift, decisive or principled but instead a half-hearted grab at only the lowest hanging justice fruit.
 
Beyond evidence: How great lawyers leverage intuitionLawyers regularly navigate complex situations that require thoughtful and strategic decision-making. While knowledge, experience and research are essential to this process, an important and often overlooked tool is inner knowing, or intuition.
Transitioning to lead counsel: How junior lawyers can make the leapThe first few years of legal practice are tough. But once you’ve got a handle on the job, the next step is to transition to more senior roles. This transition can be summarized in two key steps: 1) Build hard skills; and 2) Earn your employer and/or client’s trust to take on lead counsel roles.
Monday, 13 March 2017 09:00

Make generating business a habit

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Make generating business a habitWith legal resources and services now available to anybody with an Internet connection, people are no longer compelled to hire a lawyer for their legal problems. While the market is increasingly competitive, many lawyers have never actually been trained on how to effectively and efficiently generate business.
Is it déjà vu or a brand new day? Revisiting Oudin, Greeting WoodThe author revisits an enigmatic Ontario employment law decision and asks his colleagues if anything has really changed in light of the recent Court of Appeal decision in Wood.
Monday, 13 March 2017 09:00

Smart toys: smart or just creepy?

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Smart toys: smart or just creepy?It’s been a bad few weeks for Internet-enabled “smart” children’s toys.
‘Secret’ tools and traps to keep in mind in settlement negotiationsAs a civil litigator now practising as a settlement counsel and mediator in Ontario, I discovered certain legal tools that are useful for promoting early dispute resolution. However, ignorance of these provisions may prove hazardous and turn the tools into traps. As these provisions are not well known, I think of them as “secret.” I am revealing just three to you, but there are many others.
Monday, 27 February 2017 09:00

Cross-selling: the Unicorn of the practice of law

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Cross-selling: the Unicorn of the practice of lawHave you ever wondered why so many lawyers refer matters to lawyers outside of their firms when there are lawyers inside their firms who have the experience and expertise to handle them? Making it all the more puzzling is the fact that it would often be to that lawyer’s financial advantage to refer the matter internally instead of externally.
Fintech in Canada: Will the disruptors be disrupted?Over the last few years, the media has been full of daily references to industries being disrupted. The poster child for disruption is Uber, which disrupted municipal taxi markets with an “enter first and ask for permission later” philosophy. Airbnb similarly disrupted hotel markets by upending local zoning bylaws and regulations. In both cases, regulators were caught looking like Wile E. Coyote chasing the Road Runner unsuccessfully in the old Looney Tunes cartoons.
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