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- Trial by Fire
- Definitely Mabey
The 2013 CBA Law Firm Leadership Conference is being held Nov. 4 and 5 in Halifax and is focused on the new economics facing law firms, with particular attention to mid-size Canadian firms. In addition to wanting a large turn out because I am on a panel on the last day of the conference, I think pricing decisions and the resulting economics will play a critical role in 2014 and beyond in law firm management.
- Trials & Tribulations
When it comes to high-stakes litigation, it is not uncommon for the defence to take aggressive, calculatedly tactical, and highly adversarial positions in an effort to stave off the plaintiff’s attack. And there is rarely an area in which the stakes are higher than in class proceedings. The outcome of the action can have massive consequences for the defendant, either financially or in the manner in which it will be compelled to carry on business in the future. So it is not surprising that many defendants take a no-holds-barred approach to their defence of class proceedings.
- The Accidental Mentor
Last month, Law Times reported an Ontario Court of Appeal decision upholding a finding of racial discrimination against the Peel Law Association. The story reminded us how the profession can still go out of its way to make some members feel unwanted. Like the case of Rosa Parks, the famous Alabama civil rights defender who refused to sit at the back of the bus, this proceeding involved seating.
- Human Rights . . . Here & There
There is no doubt as a resource-based economy, Canada has developed an impressive and robust extractive industry sector some would argue is part of our “national security interests.” While this sector brings important gains to the Canadian economy, oil, gas, and mining activities are increasingly taking place in remote areas that have a detrimental effect on local, often indigenous, populations.
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.