Displaying items by tag: courts

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
Monday, 14 July 2014 08:00

The latest on limitations

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgFrom time to time through this space, I have brought readers up to speed on the latest rulings from the Ontario courts on limitation periods. Remarkably, while the Limitations Act, 2002 was supposed to achieve clarity and predictability in the determination of limitation periods, the act has continued to spawn litigation requiring adjudication and interpretation at the appellate level.
Published in Web exclusive content
Monday, 07 July 2014 08:00

Broader border concerns

Illustration: Kim Rosen
Illustration: Kim Rosen
Guidy Mamann was at a former employee’s wedding when he received a phone call. “The community called me to tell me that one plane made it to Guatemala and the other one was stuck in Trinidad and the Canadian government had gone out, chased them down, and brought them back,” says the senior partner with Mamann Sandaluk & Kingwell LLP. The “community” was Lev Tahor, a Haredi Jewish sect that had recently fled from Quebec to Ontario in an attempt to evade child protection authorities. A handful of the approximately 40 families had then tried to go to the Caribbean, but only a few made it successfully.
Published in Features
Monday, 07 July 2014 08:00

A new and exciting frontier

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_July_Bob-Rae.jpgIt’s an exciting time to be a lawyer, and an even more exciting time to be practising aboriginal law.
Published in Commentary
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgThe Alberta Court of Appeal released a surprising decision in Andriuk v. Merrill Lynch Canada Inc., in which it has imported the obligation of establishing evidence of class-wide loss from the specialized field of price-fixing actions to a claim grounded in breach of contract and breach of fiduciary duty causing a depreciation in share price.
Published in Web exclusive content
b_150_0_16777215_00___images_stories_01-INHOUSE_Standard_photos_renato-pontello.jpgIn 2009, the Ontario government introduced Bill 168, which amended the Occupational Health and Safety Act. It imposed positive obligations on employers to keep their workplaces free from violence and harassment. Similar legislation exists in other Canadian provinces.
Published in Latest News
Monday, 02 June 2014 08:00

Standing up for the chief

The legal profession in Canada by no means speaks with one unified voice. Nothing brings a community together, however, like a politically  motivated attack on one of its most respected leaders.
I’m going to suggest Stephen Harper had no idea the hornet’s nest he was stirring when he publicly characterized as “inappropriate” and “inadvisable” a phone call Chief Justice Beverley McLachlin made to the government regarding a vacancy on the Supreme Court.
Published in Commentary
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgLast month, Ontario Superior Court Justice Paul Perell varied class counsel’s recommendation to distribute a cy-près award in its entirety to the Access to Justice Fund operated by the Law Foundation of Ontario. Instead, as a result of a University of Ottawa faculty member’s request to the court, 20 per cent of this award was donated to the Telfer School of Management at the University of Ottawa.
Published in Web exclusive content
Monday, 05 May 2014 08:01

Bad law

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_May_cl-may-14-pg-01.jpgIt was just last summer that a team of lawyers led by Alan Young persuaded the Supreme Court of Canada to strike down the country’s prostitution law. But the seeds of the litigation were sown 25 years earlier, in the chill, pre-dawn hours of a Toronto morning. Young, a young lawyer at the law office of legendary criminal lawyer Alan Gold, had fielded an urgent call from a client who operated a dingy brothel near the city’s downtown bus depot. The joint was being raided, and the nervous client wanted help.
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