The Complete Brief
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November 06, 2024
CIVIL PROCEDURE - Assessment or fixing of costs - Tariffs - Whether amount fair and reasonable
Appeal by Fraser and DLF Law Practice Inc. (Fraser) of judge’s award of lump sum costs of $20,000 in favour of MacIntosh. This appeal originated from an interlocutory motion hearing. Both parties filed interlocutory motions. Fraser sought to strike portions of two of MacIntosh's affidavits filed with the court but failed. Fraser opposed MacIntosh's motion for appointment of a case management judge and for a prohibition on Fraser attending MacIntosh's residence, including for serving documents.
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November 06, 2024
A punch could lead to liability headache | Jasmine Daya
A few years ago, I received a phone call from my security alarm company advising that the alarm was going off at Pravda Vodka Bar, an iconic downtown Toronto nightclub that I had purchased in 2020.
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November 06, 2024
How Trump’s win impacts Canada: Immigration, trade opportunities for Americans
With Donald Trump re-elected as U.S. president, Canada now faces a range of impacts that could affect its policies and relationships across multiple areas, including immigration, trade, defence and climate. Trump’s focus on strict immigration controls, “America-first” economic policies and his defence priorities are likely to shape the dynamics of U.S.-Canada relations, driving many to explore Canada as an alternative destination. Here’s a look at what Trump’s win could mean for Canada.
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November 06, 2024
Taking a break from perfectionism | Harjot Atwal
“Have the courage to be imperfect.” — Alfred Fidler
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November 06, 2024
Addressing employee turnover in law firms | Jacob Murad
Many law firm owners I speak to are having difficulty growing their practice, and a major reason for this they reason is lack of retention and the overall issue of employee turnover within the firm.
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November 06, 2024
What if the Menendez case happened in Canada? | John L. Hill
The 1989 murders of Kitty and Jose Menendez gripped the American and, to a lesser degree, Canadian public. During their trials, the lawyers for Erik and Lyle Menendez urged juries to believe they were victims of emotional, physical and sexual abuse. But the brothers were young men (then aged 18 and 21), and many believed men weren’t subject to being raped. Men were expected to tolerate extreme pressures without having to act out violently. The district attorney found an even more probable motive. The Menendez siblings were portrayed as rich kids scheming to abscond with their parents’ fortune. They went to court in 1993, but a mistrial was declared. Then again, in 1995, they admitted to shooting their parents with weapons purchased a few days before the murders. They claimed self-defence. The defence failed, and they were convicted of first-degree murder and sentenced to life imprisonment without eligibility for parole.
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November 05, 2024
B.C. Court of Appeal rules forum selection clause in property deal was not binding due to wording
The British Columbia Court of Appeal has allowed an appeal in a case where a forum selection clause gave Alberta courts jurisdiction on matters arising from a property purchase agreement. The court discussed the usage of the terms “submit” and “attorn” in such clauses, ruling the chambers judge erred in interpreting the agreement.
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November 05, 2024
Residential mortgage delinquencies remain low, despite potential signs of risk, says CMHC
The delinquency rate on Canadian residential mortgages remains well below the pre-pandemic level despite higher interest rates, according to Canada Mortgage and Housing Corp. (CMHC).
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November 05, 2024
The boundaries of privilege and confidentiality in arbitration and related proceedings
The delicate balance between transparency and confidentiality often conflicts in the context of legal discovery. While privilege is essential for the effective administration of our justice system by protecting sensitive information and fostering open communication between counsel and clients, its application to specific documents can be murky (Lizotte v. Aviva Insurance Company of Canada, 2016 SCC 52). This is particularly true for dispute resolution proceedings and their respective pleadings.
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November 05, 2024
Charter did not provide immunity for criminal conduct in COVID protest: Alberta Court of Appeal
Alberta’s top court has upheld a conviction of inciting mischief against a Calgary pastor for his role in protests against COVID-19 restrictions that saw the Canada-U.S. border shut down for two weeks, with his lawyer calling the ruling a “landmark” that provides a framework to law enforcement to curtail political speech and criminalize those who speak in favour of protestors.