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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgThe 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.
Monday, 11 August 2014 08:00

RFP pitching tips — part 3

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Simone_Hughes-1.jpgThis month I will address some very important practical tips around the process of responding to requests for proposals. While the tips below sound very logical, you would be surprised by how many submissions lose because of not following instructions.
Monday, 11 August 2014 08:00

Moxtra: a new mobile interactive tool

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_benhanuka1.jpgIn recent articles, I have been writing about the planting of the seeds for what many think will ultimately lead to the declining role of e-mail as a form of electronic communication among professionals, and indeed among humans collaborating on any project or task.
Monday, 28 July 2014 11:17

How do you fix a problem like immigration?

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_jennifer_r_nees_2012.jpgThe 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.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_July_MakingRain53.jpgIn this month’s Making Rain, executive coach Debra Forman reminds you that when it comes to balancing your career desires you are ultimately the person responsible for your success.
Monday, 28 July 2014 08:00

A steeper hill for securities class actions

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgThe 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.
Monday, 28 July 2014 08:00

The new constitutional order

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_July_Peter-Best.jpgBob Rae’s sunny and upbeat assessment of the state of aboriginal law, in the July edition of Canadian Lawyer, warrants a counterpoint response.
Monday, 21 July 2014 08:00

Big data, big problems

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Lisa-Lifshitz.jpgOn May 27, the U.S. Federal Trade Commission released its study of data broker practices entitled “Big Data: A Call for Transparency and Accountability.” Based on its 18-month review of the data collection and use practices of nine significant data brokers (Acxiom, CoreLogic, Datalogix, eBureau, ID Analytics, Intelius, PeekYou, Rapleaf, and Recorded Future), the FTC obtained detailed information regarding the data brokers’ practices, including the nature and sources of consumer data they collect; how they use, maintain, and disseminate the data; and the extent to which data brokers currently allow U.S. consumers to access and correct data about them or to opt out of having their personal information sold or shared.
Monday, 21 July 2014 08:00

Measuring legal department metrics

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Stephen-Mabey-2013.jpgFor my July column I was initially thinking about a slightly different approach. The idea was to raise with law firms the concept that perhaps law departments have key performance indicators too and they may want to think about how their law firm services law departments in light of them. Obviously it is a starting point of asking law firms: “Do you really talk to your clients and understand their needs and pressures and if you don’t then maybe you should, especially in the flat market we all live in today?”
Monday, 21 July 2014 08:00

Developing broader shoulders

Written by
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_LIndsay-Scott14.jpgSomething really terrible happened in the life of one of my clients a few months ago. I was totally shaken by it and lost several nights’ sleep. As time has passed, I have gained more perspective but wanted to write about what I’m discovering is one of the toughest parts about this job: coping when something difficult happens to a client.
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