Displaying items by tag: courts

Monday, 08 December 2014 09:08

Beware the long arm of the U.S. courts

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Margaret_L_Waddell.jpgThe United States Court of Appeals for the First Circuit has confirmed that courts can take “long arm” jurisdiction over a Canadian resident corporation, even when the company has no physical presence in the American jurisdiction, and the only contact between the parties was by electronic and telephone communications across the border.
Published in Web exclusive content
‘When you are acting for a corporation, the organization is the client — not the shareholders, officers, or employees,’ says Edgar Schidt.
‘When you are acting for a corporation, the organization is the client — not the shareholders, officers, or employees,’ says Edgar Schidt.
“There is a little bit of larceny in all of us.”
Published in Latest News
Monday, 27 October 2014 08:00

De novo certification hearings on appeal

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn August, the Ontario Divisional Court released its decision in Sherry Good v. Toronto Police Services Board, in which it found the elements required for certification had been met on appeal, reversing an earlier certification refusal in these G-20 class actions. This is despite the fact “[t]he proposed class action, as presented on this appeal, was markedly different from the proposed class action that was considered by the motion judge.”
Published in Web exclusive content
Monday, 29 September 2014 10:23

The trouble with criminal speech

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_October_CriminalCode.jpgIn 2011, an RCMP officer called Karen MacKinnon at her home in Drumheller, Alta. and asked her to come into the station for an interview. He wanted to talk to her about comments she had made on Facebook. She was wary at first, but agreed to meet with him and drove down to the station in her truck.
Published in Features

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Margaret_L_Waddell.jpgFollowing the 2010 Supreme Court of the United States decision in Morrison v. National Australia Bank, there was significant speculation in many quarters that Canada would become the class action haven for internationally scoped securities class actions.
Published in Web exclusive content
International trade lawyer John Boscariol
International trade lawyer John Boscariol
Almost a year after Canada and the European Union announced an agreement in principle on the Comprehensive Economic and Trade Agreement, a hefty excerpt of the deal was leaked last week raising red flags in the business community.
Published in Latest News
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgThe standard of appellate review for contract interpretation has been redefined by the Supreme Court of Canada. Buried in the depths of summer and delivered in the context of an appeal from an arbitral award, Justice Marshall Rothstein’s decision in Sattva Capital Corp. v. Creston Moly Corp. may have gone unnoticed by many, so I am taking this opportunity to focus the spotlight on it. The decision is of seminal importance, not just for appeals in the arbitration context, but also for all common law proceedings where the interpretation of a contract is under appeal.
Published in Web exclusive content
Monday, 04 August 2014 08:00

DoJ hunger games

Illustration: Oleg Portnoy
Illustration: Oleg Portnoy
As the election returns rolled in on a cold January night in 2006, few Canadians were watching them more closely than the people who worked at 284 Wellington St. in Ottawa. Conservative Leader Stephen Harper had sent a chill through senior public servants a few days earlier when he reassured Canadians he couldn’t do anything rash because the Liberal courts and the Liberal bureaucracy would keep him in check. At the federal Justice Department, that had officials more than a little concerned. “They were all reading the tea leaves and saying . . . this is going to be interesting,” says one senior Justice Department official who traded anonymity for candor. “In their case, he doesn’t like public servants and he doesn’t like courts. Well, that seems to get us from two sides.”
Published in Features
It won’t change or strengthen any laws around executive compensation but a recent decision from the Ontario Court of Appeal should have boards giving sober second thought to how they grant big bonuses and golden parachutes to top executives.
Published in Latest News
The Hunt, directed by Thomas Vinterberg, released 2012
The Hunt, directed by Thomas Vinterberg, released 2012
A curious anomaly in our justice system; the offence with the most severe penalty under law is not the crime toward which most people feel the most personal revulsion.
Published in Web exclusive content
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