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Welcome those moments of insanity

  • Trial by Fire
Written by Posted Date: October 21st, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_lindsay_scott.jpgI had planned a column for this month on waiver of privilege — lawyers who, to their horror, spectacularly screw up via tech blunder and disclose confidential information. Then I had coffee with Jane Southren.

Economic sustainability through break-even analysis

  • Definitely Mabey
Written by Posted Date: October 21st, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_stephen-mabey.jpgThe 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.

Denial of costs for ‘shabby and high-handed’ behaviour

  • Trials & Tribulations
Written by Posted Date: October 14th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgWhen 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.

Mentorship 2.0: History and your rightful place

  • The Accidental Mentor
Written by Posted Date: October 14th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_lee-akazaki-revised.jpgLast 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.

The first step towards corporate accountability for actions abroad?

  • Human Rights . . . Here & There
Written by Posted Date: October 14th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_sonyanigam.jpgThere 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.

Flexibility needed in foreign worker rules

  • The Immigration Line
Written by Posted Date: September 30th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_jennifer_r_nees_2012.jpgI know I keep saying it, but change has officially become the only constant in the immigration universe.

When lawyers trust their intuitions

Written by Posted Date: September 30th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_jeanette-bicknell.jpgMost 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.

Video: Making Rain: Bring all your values to the table

Written by Posted Date: September 30th, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2013_September_making-rain43.jpgIn this month's Making Rain, executive coach Debra Forman discusses how to gauge your success. If you are similar to many lawyers, you gauge it by money, but you have many more attributes that hold value and can play pivotal roles in your success.

Funding the sport of kings

  • Class Acts
Written by Posted Date: September 23rd, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn 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.

The art of litigating clearly

Written by Posted Date: September 23rd, 2013
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_mitchell-rose.jpg“We’re just being reasonable”; “Come on, be rational!”; “You’re not thinking clearly!”
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