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Monday, 28 November 2011 10:59 Written by Debra Forman
Since Ontario’s Rules of Civil Procedure were amended in January 2010, summary judgment has become a far more attractive option than it was before. Gone are the heightened cost consequences imposed upon the losing party, and courts have been given stronger forensic tools to assess the cases before them. Given these changes, practitioners are now far more likely to counsel their clients to consider a motion for summary judgment than they were before the rule change.
Monday, 28 November 2011 09:17 Written by Jennifer Nees
On Nov. 4, the Canadian government announced it was taking immediate action to cut the backlog of parent/grandparent sponsorship applications by suspending any new applications for the program. It vowed to decrease the backlog of 165,000 files by increasing the number of those backlogged applications processed during 2012. In addition, the government will be introducing a new “Parent and Grandparent Super Visa,” which will allow eligible applicants a 10-year visa valid for multiple two-year stays in Canada. This Super Visa will become available on Dec. 1.
Monday, 21 November 2011 10:29 Written by Sarah Dale-Harris
Waiting until you’re being sued, terminated, or divorced before acknowledging that there might be a problem is, I think we can all agree, not the ideal approach to communication. And then there are those who would go the distance on principle alone because they believe they have suffered an injustice, and want “their day in court.” Regardless of whether the end result is a lawsuit, a failed relationship, a damaged reputation, or whatever, there must be a way to mitigate, or in the best case, avoid such outcomes. Learning how to communicate (more) effectively is probably a good place to start.
Businesses seem to have a never-ending supply of “management tools” with which they manage their affairs. Many, if not most, are adaptable to the legal profession, however rarely do you hear of law firms using them to manage their businesses. So I thought I would identify five such tools that have application to the management of your firms and shed some light on their relevancy.
Tuesday, 15 November 2011 16:23 Written by Sonya Nigam
A few years ago I attended an event where science reporter Bob MacDonald, of CBC Quirks and Quarks fame, spoke passionately about the importance of science. He gave examples about how we thought the world was flat but science proved otherwise, and how ideas about how the body worked were proven wrong as we discovered more about biology. The value of science is to show us that what we believe is true is actually not true. It expands our understanding of our world.
I think that I share the frustration of many of the previous members of the Canadian Human Rights Tribunal, after reading the Supreme Court of Canada’s decision in Canada (Canadian Human Rights Commission) v. Canada (Attorney General), where it held that the tribunal does not have the power to award costs under s. 53(2)(d) of the Canadian Human Rights Act. The ambiguous style of cause is unhelpful: the case arose out of a decision by the tribunal that awarded a successful complainant, Donna Mowat, with legal costs.
Monday, 07 November 2011 09:47 Written by Margaret L. Waddell
Are you are sitting at your desk, staring at the telephone, and hoping it will ring? Or checking your inbox repeatedly, looking for the subject line: “Counsel Needed — Urgent”? Do you dream of announcing that you have just been retained to handle the next “big case” at your firm — no wait, it’s the next big case that the whole city has been talking about. Well, odds are that if you are sitting at your desk daydreaming, that fabulous new retainer is never going to land in your in-tray. Herewith, I share a few suggestions and thoughts on how to increase your professional profile, and promote yourself in this highly competitive career we’ve chosen.
Monday, 07 November 2011 09:35 Written by Danya Cohen
You would be hard pressed to convince the ambassadors of the 99 per cent currently occupying cities around the world that Bay Street lawyers are feeling their collective frustration and disenfranchisement. Maybe that’s a stretch. But many associates who hit their senior years just as the recession hit have also felt powerless and slighted at the hands of an elite. And it’s an elite that is becoming more exclusive each year. Partnership, even for some talented and well-regarded lawyers, has become an increasingly uncertain prospect in a market that has yet to make an encouraging comeback.
Monday, 31 October 2011 10:53 Written by Debra Forman