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Monday, 25 August 2014 08:00 Written by Stephen Mabey
During your career, you may be called upon by a friend, cousin, brother, sister, mother-in-law, or others you have known for a long time to swear an affidavit or notarize a document. On many occasions, their requests may not be aligned with the law society rules and other legal or ethical obligations incumbent on us. As lawyers we must follow, without exception, rules incumbent to our integrity in those circumstances — even if doing so might offend the person seeking your assistance. The following are some recommendations to consider when taking an affidavit.
Monday, 11 August 2014 08:00 Written by Margaret L. Waddell
The standard of appellate review for contract interpretation has been redefined by the Supreme Court of Canada. Buried in the depths of summer and delivered in the context of an appeal from an arbitral award, Justice Marshall Rothstein’s decision in Sattva Capital Corp. v. Creston Moly Corp. may have gone unnoticed by many, so I am taking this opportunity to focus the spotlight on it. The decision is of seminal importance, not just for appeals in the arbitration context, but also for all common law proceedings where the interpretation of a contract is under appeal.
The headline is tongue-in-cheek because really, the first step towards “fixing” immigration is to realize the immigration program as a whole, and even our temporary foreign worker program, in part, are not necessarily broken. Yes, there are people who misuse, misunderstand, or downright abuse the system, but a watch isn’t broken because someone forgets to wind it.
The plaintiff’s securities class action bar takes on substantial risk when they bring a claim seeking leave under Part XXIII.1 of the Ontario Securities Act. Often, all counsel knows is there has been some wrongdoing at a company that has led to a dramatic decline in the price of a share. The diligent counsel reviews the company’s historic public disclosure, wherein the company’s health has been, without fail, viewed through rose-coloured glasses. Once the corrective disclosure occurs, the security’s value tumbles down to earth and investors are left holding the bag.