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Monday, 25 November 2013 08:00

The class action arms race

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgThis fall, Ontario Superior Court Justice Edward Belobaba released five decisions certifying proceedings as class actions and, as night follows day, five decisions on costs soon followed.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_Joel-Sandaluk.jpgOn Nov. 9, Immigration Canada announced changes to its popular Canadian Experience Class. Since its creation in 2008, the CEC has been a popular program for skilled immigrants to acquire permanent residence and eventually citizenship.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_Ryan-Edmonds.jpgGenerally speaking, employees cannot take and misuse confidential information when they leave a company. In the past, allegations that a former employee misused client contact information turned on characterizing the source of that information. At the risk of oversimplifying the issue, did the information come from a “Rolodex” (confidential trade connections) or from a “telephone book” (publicly available contact listings)?  
Monday, 11 November 2013 08:00

Be flexible with your career path

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_Debra_Newell.jpgAs an avid reader of Trial by Fire, I look forward every month to Lindsay Scott’s insights on the trials and tribulations of being a new lawyer. As a new lawyer myself, I find her witty and candid reflections to be a breath of fresh air — particularly when, some of the time, I am unable to breathe. So I share your disappointment with having a guest columnist this month, but this is some payback for Lindsay.
Monday, 11 November 2013 08:00

Armed conflict and the right to health

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_sonyanigam.jpgWhen most of us speak of war, we think of it as a singular event. Something to be won or lost, part of history, not connected to the present unless we are “at war.” Our time horizons are so short and truncated. And yet the reality of war is that it continues to ripple through the memories of the affected lands and their peoples.
Monday, 11 November 2013 08:00

2013 Key Performance Indicators

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_stephen-mabey.jpgThis column will deal with some of the results of the 2013 Canadian KPI Survey conducted by Law Firm KPI Inc., a for-profit company co-founded by Karen MacKay of Phoenix Legal Inc. and myself in 2010 to specifically undertake surveys of key performance indicators for law firms with up to 100 lawyers. The purpose of the survey is to provide Canadian law firms with industry information in order to benchmark their own performance against the performance of other firms of reasonably comparable size.  
Monday, 11 November 2013 08:00

Help for lawyers’ bad habits

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_damian-j-penny.jpgA disturbing thought occurred to me while reading Coaching for Attorneys — after 15 years of practising law, I have become lazy about meeting deadlines and making it to appointments on time.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgThe viability of price-fixing class actions brought on behalf of indirect purchasers was in legal limbo for a decade, particularly after the Ontario Court of Appeal denied certification in Chadha v. Bayer Inc.. But the long-awaited decisions of the Supreme Court of Canada in a trilogy of price-fixing class actions, Pro-Sys Consultants Ltd. v. Microsoft Corp., Sun‑Rype Products Ltd. v. Archer Daniels Midland Co., and Infineon Technologies AG v. Option consommateurs, have finally put to rest the uncertainty over whether such actions are tenable.  
Monday, 04 November 2013 08:00

Canada + U.S. = 1 (country)?

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2013_November_Eugene_Meehan.jpgYou may not like what you’re going to read here. Maybe you should stop reading. And that’s OK. Not sure that I fully like it myself. But what is going to happen is unstoppable. That’s why I’ve written a response to Tony Wilson’s recent column “492,529 reasons to say no to merging with the U.S.”
Monday, 04 November 2013 08:00

Hell is freezing over, now what?

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_lee-akazaki-revised.jpgA book review in last month’s online magazine Quartz credits the meteoric success of Apple to the willingness of Phil Schiller (SVP marketing) and Jon Rubenstein (SVP hardware engineering) to defy the late Steve Jobs. They did this by introducing iTunes for Microsoft Windows.
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