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SCC seeks ‘culture shift’ in strong endorsement of summary judgmentThere is no shortage of rhetoric in the Supreme Court of Canada’s recent decision on the scope and interpretation of amendments to Ontario’s Rule 20 governing motions for summary judgment.
Monday, 27 January 2014 08:00

The Hollick approach is here to stay

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The Hollick approach is here to stayIn October 2001, the Supreme Court of Canada advocated a liberal and flexible construction of the Ontario Class Proceedings Act, 1992 in Hollick v. Toronto (City). In particular, Chief Justice Beverley McLachlin, on behalf of the court, held the CPA is to be “construed generously” in a manner that gives “full effect to the benefits foreseen by the drafters” — the Hollick approach.
Monday, 27 January 2014 08:00

Video: Making Rain – Resolutions

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Video: Making Rain – ResolutionsIn her first column of 2014, executive coach Debra Forman year provides you with an opportunity to commit to taking your personal success to even higher levels by pledging to uphold new business development and practice management resolutions and strategies during the upcoming year.
Monday, 20 January 2014 08:00

CASL: clear as mud

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CASL: clear as mudOn Dec. 4, 2013, the Government of Canada published the final regulations to Canada’s Anti-Spam Legislation along with the related Regulatory Impact Analysis Statement. After three years of waiting, most of CASL, including the sections dealing with commercial electronic messages, will finally come into force on July 1. Mercifully, those sections of the act relating to the installation of computer programs will only come into force on Jan. 15, 2015, and the coming into force of the new private right of action for non-compliance with CASL will only be implemented July 1, 2017.

Monday, 20 January 2014 08:00

Eat more veggies!

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Eat more veggies!Happy New Year! Every January, millions resolve to make all kinds of lifestyle changes, like eating more vegetables, exercising more, eliminating vices, and re-connecting with family. I’m one of those people who enthusiastically embrace the annual tradition of New Year’s resolutions. I know, shocker.

Monday, 20 January 2014 08:00

Let’s learn about legal process mapping

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Let’s learn about legal process mappingAt the risk of getting stomped, bitten, or kicked, I think it is important to start 2014 off by putting the horse before the cart. I apologize upfront for bursting the bubble of all those souls who have spent the last couple years espousing that the greatest issue facing law firms is their structure.

Monday, 20 January 2014 08:00

What not to do in the war on drugs

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What not to do in the war on drugsJust after midnight on Jan. 1, a former U.S. Marine named Sean Azzariti made history by becoming the first person in the world to legally buy marijuana for recreational use. Azzariti, who served in Iraq and claims the weed helps relieve his post-traumatic stress disorder, made his purchase just as a new law allowing its licensing and sale in Colorado came into force.

Monday, 13 January 2014 10:33

Here’s to using decision trees in the new year

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Here’s to using decision trees in the new yearIf your New Year’s resolution is to work smarter, more efficiently, and achieve more, boy do I have an interesting concept to share with you. While I can’t help with the diet or workout resolutions you committed to while sipping sparkling wine right after the New Year’s Eve countdown, I may perhaps convince you to start thinking about using “decision trees” in your practice. It is an old idea, but, I suspect, a greatly underutilized one.
Monday, 13 January 2014 08:00

The Seven Wonders

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The Seven WondersIn 2004, the Canadian Bar Association Futures Committee posted an article on its web site entitled “Seven Wonders of the World . . . The Future for Lawyers.” The Futures Committee was formed in 2003 to examine the challenges facing lawyers and the legal profession and to make recommendations about what the CBA would have to offer to the legal community in 2015 to remain “relevant” and “vibrant.”
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Preferable procedure: A two-part analysis of A2JDetermining how to meet or defeat the test for “preferable procedure” on a certification motion has been an enigmatic problem. Until the Supreme Court of Canada last month clearly articulated that access to justice involves a two-part analysis in Fischer v. AIC Ltd., there was no consistent measure by which this part of the preferability test would be analyzed.
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