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How to sabotage a mediation: An impractical guide for lawyers






To: Very junior associate

From: Senior partner

RE: Oil v. Water – mediation
We accept cash, cheque, credit cards . . . or BitcoinIf it took you some time to get your head around Interac e-mail transfers, PayPal, or other forms of electronic payment, just wait until you meet Bitcoin. The latest darling of IT journalists, now including yours truly, Bitcoin is a form of digital currency that’s been around since 2008 but has quickly been gaining mainstream attention, and, more significantly, usage as concerns over the economy and stability of state-issued currency seems to be mounting worldwide.
Without Honour: The True Story of the Shafia Family and the Kingston Canal Murders by Rob Tripp; HarperCollins, pp. 368.
Without Honour: The True Story of the Shafia Family and the Kingston Canal Murders by Rob Tripp; HarperCollins, pp. 368.
“My children did a lot of cruelty toward me.”

- Mohammad Shafia, testifying at his trial for murdering his first wife and three daughters
Monday, 20 May 2013 08:00

A plea for action

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A plea for actionIndividuals both inside and outside the legal profession have been working overtime to identify the problems facing the profession and speculating on the dire consequences if the profession ignores these problems. They are long on penetrating glimpses into the obvious but short on solutions.
Monday, 20 May 2013 08:00

Young lawyers, read this LSUC report

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Young lawyers, read this LSUC reportYou may have heard about (or read) the report recently submitted to the Law Society of Upper Canada entitled “Leaving Law and Barriers to Re-Entry” by Queen’s University professor Fiona Kay and PhD candidates Stavey Alarie and Jones Adjei. I received the law society e-mail containing the link to the report, but admittedly, didn’t review it.
Monday, 13 May 2013 11:04

5 things about . . . LinkedIn

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5 things about . . . LinkedInLinkedIn has been around for about 10 years now. There are more than 200 million users worldwide, with 7 million of those users in Canada. I have been a member since 2006, and have witnessed many changes to the professional networking site since then.
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Pet Valu doesn’t signal open season to eviscerate class actionsI’m sure there is nothing that warms the bottom of the heart of class action defendants more than seeing a mass exodus of potential class members from the proceeding following certification. Fewer class members mean reduced exposure to the payment of damages. And if enough people opt out, it could effectively render the class proceeding economically unviable from the perspective of class counsel. That, in turn, could lead to an early and lower settlement, or in an extreme case, a discontinuance of the proceeding or successful motion to decertify.
Monday, 13 May 2013 08:00

The persuasive art of coded understatement

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A sense of humour is an endearing quality, even in a lawyer. It can help you win the confidence of clients and colleagues. A flash of wit can signify a mastery of the facts. Lack of humour can be interpreted as being uncomfortable with the facts, like trousers that are too small. Too much humour, on the other hand, is like too much drink: it makes a display of the speaker at the expense of the subject matter.
Insurance companies don’t run scared: be aware A recent Saskatchewan Court of Queen’s Bench decision, Branco v. American Home Assurance Co., awarded aggravated and punitive damages in the millions against the insurers. This case attracted the attention of everyone in the insurance industry due to the high awards: a total of $450,000 in aggravated and $4.5 million in punitive damages were awarded against AIG (American Home Assurance) and Zurich Life Insurance Co. Ltd.
Monday, 13 May 2013 08:00

Art, cultural citizenship, and resistance

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Art, cultural citizenship, and resistanceAs a lawyer, when I hear about human rights abuses my reflex is to seek legal solutions through criminal prosecution, a more human-rights-positive approach to interpretations of laws and regulations, and, when all else fails, new legislation. However, over the past year or two, I keep bumping into things that bring my attention to another form of resistance that is perhaps more accessible and more democratic — art.
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