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Most civil lawsuits settle out of court. If this were not so the legal system would be quickly overwhelmed. When a case settles later than it could have, or a case that should have settled goes to trial, there are costs and consequences for both litigants and society as a whole, and the reputation of counsel may suffer.
Written by Debra Forman Posted Date: September 30th, 2013
In July, plaintiffs in a securities class action styled Bayens v. Kinross Gold Corp. were granted approval of a litigation funding agreement whereby the plaintiffs would be indemnified against any potential adverse costs awards in this class action. In granting this funding arrangement, Ontario Superior Court Justice Paul Perell outlined a number of principles that should be considered where a proposed funding arrangement is before the court.
- Law Library
The next thing [Cheye] Calvo remembers is the sound of his mother-in-law screaming. He ran to the window and saw heavily armed men clad in black rushing his front door. Next came the explosion. He’d later learn that this was when the police blew open his front door. Then there was gunfire. Then boots stomping the floor. Then more gunfire. Calvo, still in his boxers, screamed, “I’m upstairs, please don’t shoot!” He was instructed to walk downstairs with his hands in the air, the muzzles of two guns pointed directly at him. He still didn’t know it was the police. He described what happened next at a Cato Institute forum six weeks later. “At the bottom of the stairs, they bound my hands, pulled me across the living room, and forced me to kneel on the floor in front of my broken door. I thought it was a home invasion. I was fearful that I was about to be executed.” I later asked Calvo what might have happened if he’d had a gun in his home for self-defense. His answer: “I’d be dead.” In another interview, he would add, “The worst thing I could have done was defend my home.”
Rise of the Warrior Cop: The Militarization of America’s Police Forces by Radley Balko, PublicAffairs, 2013, pp. 382.
If you are a frequent user of CanLII (the Canadian Legal Information Institute, funded by the Federation of Law Societies of Canada), you may have noticed last week it introduced a new, sleek search interface, as part of an overhauled web site.
Written by Jim Shanks Posted Date: September 16th, 2013
The recent Ontario Court of Appeal decision in Royal Bank of Canada v. Samson Management and Solutions Ltd. strikes a blow for contractual certainty and transactional efficiency, while in the process overturning a lower court determination that promoted neither.
E-commerce — it’s a buzzword so old it can hardly be called a buzzword anymore, and something everybody thinks they understand. I’ve talked to countless startup founders and CEOs who talk about doing business online like it’s the easiest thing in the world to set up a web site, advertise a product, and start collecting money hand over fist. Simple as that. Nothing to it.
- Trial by Fire
I often fantasize (when I’m not at work, of course) about whether one could really predict the future. What a life I would lead if only I could pick the best investments, predict the next big technology, or warn the authorities about impending natural disasters (I throw this last item in lest I be accused of using these potential powers only for personal gain!). Unfortunately, in real life, my predictive powers are relatively amateur — I sometimes lose those court cases I expected to win, and sometimes win those court cases I expected to lose.