Tuesday, 03 January 2017 09:00

Bringing them home

Bringing them homeAn estimated 2.5 million Canadians live outside Canada. In addition, Canadians make almost 50 million visits abroad each year. They travel or reside overseas to do business, study, visit family or vacation. Most find that their stay abroad is uneventful. Some, however, have the unexpected experience of being subjected to arbitrary and prolonged detention — and sometimes even torture.
Tuesday, 03 January 2017 09:00

Third-party litigation funding

Image: Jeannie Phan
Image: Jeannie Phan
The first statutory restrictions against maintenance and champerty were enacted in England in 1305, as a result of royal officials and nobles lending their names to dubious legal claims in exchange for a portion of any proceeds. The medieval-era statutes were repealed in 1967 and, for most in the profession today, the doctrines are likely a long-ago law school memory.
However, the concepts are being addressed again in courts in Canada in the 21st century, in connection with third-party funding agreements for litigation.
Published in Features
Thursday, 29 December 2016 09:00

Is it just mere formalities?

Is it just mere formalities?In Mennillo v. Intramodal Inc., the Supreme Court of Canada examined whether a corporation’s non-compliance with the corporate formalities of the Canada Business Corporations Act can constitute shareholder oppression.
Published in Issue Archive
Regardless of context — be it contractual negotiations, performance or litigation — counsel practicing outside of Quebec should always be careful when interpreting a contract that is governed and construed in accordance with Quebec law.
Published in Issue Archive
Monday, 03 October 2016 09:00

Demand for cyber-insurance on the upswing

Demand for cyber-insurance on the upswingAwareness about cyberbreaches has reached the mainstream, but the law is still nascent
Published in Features
Tackling e-mail protocol in the litigation contextTackling e-mail protocol in the litigation context‘ Should’ve, could’ve, would’ve” are among the last words lawyers want to hear from their clients while in the midst of litigation.
Published in Issue Archive
Thursday, 08 September 2016 22:00

Minimizing risk in an investigation of wrongdoing

Minimizing risk in an investigation of wrongdoingAt a conference on white-collar crime in New York this spring, the deputy attorney general of the United States tried to clarify the intent behind a directive that was widely known by her last name, instead of its actual title, the Individual Accountability Policy.
Published in Issue Archive
Monday, 05 September 2016 09:00

Mining judgments for winners and losers

Look out litigators, Premonition is coming to town, and with it a level of transparency not normally seen in the legal business.
Published in Commentary
How juniors can get more advocacy opportunities“The vanishing trial” is the catchphrase used to describe the reality of civil litigation: Trials and other advocacy opportunities are fewer and farther between. Lawyers, especially junior lawyers, do not get the same advocacy opportunities that once were commonplace. Even worse is that when those opportunities do come along, clients often want the senior, experienced counsel to argue. What is a junior lawyer to do? Refusing to accept the fate of lawyers of my vintage, I have uncovered ways in which the junior lawyer can get on her feet. Here are my top seven tips: 
Published in Web exclusive content
The state of litigation privilege after BlankTen years ago, the Supreme Court of Canada rendered its decision in Blank v. Canada, thereby putting an end to considerable debate among Canadian jurists regarding the scope of the litigation privilege. In that decision, the Court underlined the distinct nature of this common law privilege, which had often been wrongly confused with solicitor-client privilege.
Published in Issue Archive
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