Monday, 18 July 2016 09:57

Is today yesterday?

Is today yesterday?Four-year-olds have an amazing ability to ask very confusing questions, including my son’s “Is today yesterday?” I found myself asking a similar question when considering some recent cases regarding the summary judgment/trial process in Newfoundland and Labrador.
Published in Web exclusive content
Directors’ liability for statutory breaches: lifting the corporate veilCanadian law has always recognized the separate identity between a corporation and its directors. Only in very limited circumstances will a court pierce the corporate veil to hold a director personally liable for corporate wrongs. For example, a director may be responsible for individual tortious conduct that causes the plaintiff injury.
Published in Latest News
Monday, 04 July 2016 09:00

Provincial court snakes & ladders

Provincial court snakes & laddersThe two most high-profile criminal trials in Canada in the past year were ones that took place in provincial court. The prosecutions of Senator Mike Duffy and former CBC radio host Jian Ghomeshi were the source of voluminous media coverage — by national media outlets, on social media, and the subject of endless commentary by columnists, pundits, and academics. As well, the courtroom actions and eventual rulings by justices Charles Vaillancourt and William Horkins were subject to intense scrutiny.
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
‘The bigger issue is what is the reasonable standard of conduct a proponent should expect from a Crown decision-maker, period,’ says Thomas Isaac.
‘The bigger issue is what is the reasonable standard of conduct a proponent should expect from a Crown decision-maker, period,’ says Thomas Isaac.
An Ontario Superior Court judge has dismissed a $110-million claim launched by a junior mining exploration company against the province of Ontario for breach of duty of care on the duty to consult, but the inherent question in the case will likely rise again, say experts.
Published in Latest News
Monday, 21 March 2016 09:00

A tale of two standards

A tale of two standardsI’ll start this column by telling you about what has been referred to as “one of NL’s biggest fraud scandals.” The period of 1999 to 2004 represented both the best of times and the worst of times for local Newfoundland and Labrador real estate development company Myles-Legér Ltd., co-owned by brothers William and Randell Clarke.
Published in Web exclusive content
 Peter Wilcox, president of the Intellectual Property Institute of Canada
Peter Wilcox, president of the Intellectual Property Institute of Canada
Most people have probably never heard of the Public Servants Inventions Act, but a Federal Court of Appeal has ruled it can’t stand in the way of a man and his valid patent.
Published in Latest News
Monday, 01 February 2016 09:00

Is there a new view on defence ethics?

Illustration: Scott Page
Illustration: Scott Page
What are the ethical boundaries for a lawyer defending someone accused of a sex crime? Is he a hired gun, expected to do everything legally possible to win the case, concerned only about the fate of his client, free to attack the complainant unreservedly in cross-examination, dedicated — as it is sometimes put — to proof, not truth? That, I think, was the old idea, unchallenged for many years.
Published in Commentary
Monday, 11 January 2016 09:00

Bearing bad news

Bearing bad newsWe all lose sometimes. My first big loss was after a full trial where we had a very strong case, both on the facts and the law.
Published in Web exclusive content
It is often the case that discussions of “access to justice” revolve around legal aid funding and alternative dispute resolution processes, and with good reason. In a climate such as British Columbia, where members of the legal profession once took job action to draw attention to the dire need for investment in legal aid, the courts remain inaccessible to many.
Published in Web exclusive content
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