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Key points from the new Supreme Court trilogy

  • Trials & Tribulations
Written by Posted Date: November 4th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgThe viability of price-fixing class actions brought on behalf of indirect purchasers was in legal limbo for a decade, particularly after the Ontario Court of Appeal denied certification in Chadha v. Bayer Inc.. But the long-awaited decisions of the Supreme Court of Canada in a trilogy of price-fixing class actions, Pro-Sys Consultants Ltd. v. Microsoft Corp., Sun‑Rype Products Ltd. v. Archer Daniels Midland Co., and Infineon Technologies AG v. Option consommateurs, have finally put to rest the uncertainty over whether such actions are tenable.  

Canada + U.S. = 1 (country)?

Written by Posted Date: November 4th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2013_November_Eugene_Meehan.jpgYou may not like what you’re going to read here. Maybe you should stop reading. And that’s OK. Not sure that I fully like it myself. But what is going to happen is unstoppable. That’s why I’ve written a response to Tony Wilson’s recent column “492,529 reasons to say no to merging with the U.S.”

Hell is freezing over, now what?

  • The Accidental Mentor
Written by Posted Date: November 4th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_lee-akazaki-revised.jpgA book review in last month’s online magazine Quartz credits the meteoric success of Apple to the willingness of Phil Schiller (SVP marketing) and Jon Rubenstein (SVP hardware engineering) to defy the late Steve Jobs. They did this by introducing iTunes for Microsoft Windows.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2013_October_Making_Rain_44.jpgIn the October episode of Making Rain, executive coach Debra Forman considers the board game Snakes and Ladders as an analogy for viewing your key stakeholders’ trust in you and your subsequent advancement and development.

492,529 reasons to say no to merging with the U.S.

  • Letter from Law Law Land
Written by Posted Date: October 28th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_tonywilson.jpgThe National Post’s editor-at-large Diane Francis has just written a book called Merger Of The Century: Why Canada And The United States Should Become One Country, which I just finished.

Upward spiral of costs preventing access to justice in class actions

  • Class Acts
Written by Posted Date: October 28th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn a recent decision on costs arising from a motion for certification, Justice Paul Perell of the Superior Court acknowledged the ever-upward spiral in costs awards in class proceedings are becoming an impediment to the viability of the class action regime.

Optimizing your tech skills and office setup

  • The Future Files
Written by Posted Date: October 28th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_benhanuka1.jpgAs I have been trying to impress upon readers of this column since starting to write here earlier this year, in my opinion every lawyer should have a minimum level of technology skills and office setup. While many aspects of the process involved in creating legal work can and should be delegated to staff, some aspects ought to be done by the lawyer. It is a matter of efficiency, quality of work, and even more broadly — competency.

Changing the rules of the game, but pretending otherwise

  • The government moves to ‘clarify’ the composition of the Supreme Court of Canada
Written by Posted Date: October 28th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_ryan-teschner.jpgSometimes after dinner, my two-year old daughter asks for a snack. We will offer her a choice: a cookie or applesauce. One night she may choose the cookie, and the next night she may choose the applesauce. But, you can bet that no matter which one she chooses, once she is done, she asks for the other snack too. I try to tell her that this is asking for too much, but, more often than not, she wins.

Smartphone comparison for lawyers

  • David Paul’s Field Notes
Written by Posted Date: October 21st, 2013
I recently presented a CLE course that examined the different apps, benefits, and features of the leading smartphones for lawyers. There are three leading choices for lawyers: the BlackBerry, iPhone, and Android phones.

A sea of change

  • Financial Adviser
Written by Posted Date: October 21st, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_alan_acton_2011.jpgFor more than two decades, I have worked with a select group of clients to help them achieve their financial goals in the most efficient manner possible. I have built my business based on a solid value proposition and service offering. I have applied a transparent compensation structure so clients can understand that I have worked to remove any conflicts of interest — real or perceived — to ensure there is no incentive to do anything but offer the best advice possible.
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