As defined-contribution and combination plans continue to make headway as the designs of choice for many employers in Canada and the United States, litigation risk for sponsors is on the rise.
Published in Latest News
Monday, 08 June 2015 08:00

A take on presumption of prejudice

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Gillian-Hnatiw.jpgAs a litigator, there are many things that wake me at 2 a.m. Sometimes, it’s my arguments for an upcoming motion where I know I will have an uphill battle. Other times, it’s a pending meeting with a difficult client who is not going to like what I have to say, though I am duty-bound to say it. (And let’s be honest — a lot of the time, it’s my kids.)
Published in Web exclusive content
Monday, 11 May 2015 08:00

Dealing with those nuisance claims

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Gillian-Hnatiw.jpgWe’ve all had them. The claim that lands on your desk and, from the very first read through, promises to live up to its colloquial name: a nuisance.
Published in Web exclusive content
Monday, 27 April 2015 08:01

Taking stock of food fables

b_150_0_16777215_00___images_stories_01-INHOUSE_2015_May_IH_May_2015-cover.jpgOn its labels and in its advertising, including its web site, Vitaminwater is classified as a “nutrient enhanced water beverage,” by Glacéau, the Coca Cola subsidiary that produces the popular drink.
Published in InHouse Cover Story
Monday, 23 March 2015 08:00

The Red Rocket’s litigator-in-chief

b_150_0_16777215_00___images_stories_01-INHOUSE_2015_April_Brian_Leck.jpgWhen you suggest to Brian Leck, the general counsel of  the Toronto Transit Commission, that he’s running the ultimate personal injury practice, he readily agrees. “Oh, I think so,” he says. “We are a target. Toronto is becoming more and more litigious.”  
Published in Issue Archive
Monday, 26 January 2015 08:00

Winning formula

b_150_0_16777215_00___images_stories_01-INHOUSE_2015_February_Profile-Deborah-Greenberg-f.jpgEach year, the Association of Corporate Counsel, in tandem with the International Law Office, honours the world’s top in-house lawyers at its Global Counsel Awards gala in New York City. Last June, Deborah Greenberg, vice president and general counsel for Aimia, Canada the loyalty rewards management company, won the trophy in the “General Commercial” category.
Published in Issue Archive
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Margaret_L_Waddell.jpgIn 2002, Part XXIII.1 was added to the Ontario Securities Act. It established a statutory cause of action for investors damaged by secondary market misrepresentations disseminated by publicly traded corporations or their officers and directors.
Published in Web exclusive content
Monday, 12 January 2015 10:37

Is Google search evidence admissible?

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_BH-Shirt-and-Jacket.jpgAssessing and searching for evidence and facts constitute a significant part of lawyers’ roles in representing clients. While litigators probably utilize these functions much more intensively than do solicitors, it is likely a matter of degree and extent.
Published in Web exclusive content
Monday, 05 January 2015 08:00

Wrong result. Still good law.

Photo credits: Guy Paul Morin: Alan Dunlop - Toronto Star; David Milgaard: Rick Eglinton - Toronto Star; William Mullins-Johnson: Lucas Olenuik - Toronto Star; Robert Baltovich: Colin McConnell - Toronto Star
Photo credits: Guy Paul Morin: Alan Dunlop - Toronto Star; David Milgaard: Rick Eglinton - Toronto Star; William Mullins-Johnson: Lucas Olenuik - Toronto Star; Robert Baltovich: Colin McConnell - Toronto Star
In a brief oral judgment issued in late January 1995, then-chief justice Charles Dubin of the Ontario Court of Appeal formally entered an acquittal for Guy Paul Morin, ending a decade-long ordeal for the man wrongly convicted in the death of nine-year-old Christine Jessop. Fresh evidence, based on new DNA testing, excluded Morin. No jury “properly instructed in the law and acting judicially, could convict Mr. Morin on the charge upon which he stood trial,” stated Dubin, in the ruling issued 20 years ago. After two trials and nearly two years in custody, Morin was finally cleared of any responsibility in the 1984 rape and murder of Jessop, a crime that remains unsolved.
Monday, 05 January 2015 08:00

Uncharted territory

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2015_January_UnchartedTerritory.jpgA wise trial lawyer of the greyish set said to me, not without exasperation: “This e-discovery stuff is a bother. When I started practice, I would ask the client for the hot documents, and they would be sent to me.” How times have changed.
Published in Commentary
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