Monday, 24 April 2017 09:00

Stretching the long arm of the law?

Stretching the long arm  of the law?Two recent decisions suggest that Canadian courts are ever more inclined to assume jurisdiction over civil claims brought by foreign plaintiffs against Canadian multinationals operating abroad.
Published in Issue Archive
Monday, 24 April 2017 09:00

Cross-examining the business valuator

Illustration: Paul Howalt
Illustration: Paul Howalt
Expert witnesses in valuation disputes make common mistakes and assumptions that can be drawn out in cross-examination.
Published in Features
‘Secret’ tools and traps to keep in mind in settlement negotiationsAs a civil litigator now practising as a settlement counsel and mediator in Ontario, I discovered certain legal tools that are useful for promoting early dispute resolution. However, ignorance of these provisions may prove hazardous and turn the tools into traps. As these provisions are not well known, I think of them as “secret.” I am revealing just three to you, but there are many others.
Published in Web exclusive content
Monday, 27 February 2017 09:00

Buyer beware

Buyer bewareThose seeking to acquire the intellectual property rights of a bankrupt company are often faced with a unique set of legal challenges, as exemplified by Thomson Reuters’ recent acquisition of certain intellectual property rights owned by Federated Press.
Published in Issue Archive
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 The medieval-era statutes were repealed in 1967 and, for most in the profession today, the doctrines are likely a long-ago law school memory.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
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