Articles 2023

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Today

Striking the Balance: Confidentiality versus Transparency in International Commercial Arbitration

  • December 05, 2018
  • Selina Mamo, lawyer at McCarthy Tétrault LLP

Increased transparency in international commercial arbitration may improve quality by allowing arbitral decisions to undergo public scrutiny and contribute to jurisprudence. More transparency comes at the cost of the privacy and confidentiality of arbitral stakeholders. Read on for an analysis of these competing objectives in international commercial arbitration.

Student Forum, Young Lawyers' Division

Brown Bag Lunch - November 20, 2018

  • December 05, 2018
  • Noah Weisberg and Chris Cieslik, Hull & Hull LLP

Highlights from the November 20, 2018 Brown Bag Lunch including a discussion of the impact of Re Milne and Re Panda, the obligation to swear affidavits of execution, digital asset clauses in Wills and the formalities of signing Powers of Attorney where a grantor is mentally, but not physically capable.

Student Forum, Trusts and Estates Law
Fairness or Flaw: Ontario PHIPA Orders and Issue Estoppel in Privacy Breach Cases

Fairness or Flaw: Ontario PHIPA Orders and Issue Estoppel in Privacy Breach Cases

  • December 05, 2018
  • Scott Robinson, associate, National Litigation Group, McCarthy Tetrault

On October 25, 2018, Perell J. of the Ontario Superior Court of Justice released a decision in Broutzas v. Rouge Valley Health System, 2018 ONSC 6317. Broutzas raises some important considerations for the health law field pertaining to medical records and privacy under the Ontario Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A (“PHIPA”). This article examines these and other issues.

Health Law, Student Forum

An Ounce of Prevention Is Worth a Pound of Cure: The Six Most Common Mistakes When Drafting Financial Statements and How to Avoid Them

  • December 05, 2018
  • Robert Shawyer, M.A., LL.B., lawyer, collaborative practitioner, OAFM certified mediator; and Andrew Sudano, LL.B.

A family lawyer's liability can often be triggered by mishandled financial issues. This article points to six common mistakes that are made by lawyers when preparing client Financial Statements , and how to avoid them. Just as importantly, these six pointers can be used to scrutinize Financial Statements that are received from the opposing party to aid in defeating claims made against one's own client as well.

Family Law, Student Forum

Pension Plan for Lawyers and Law Firm Staff

  • December 04, 2018
  • CBIA/Lawyers Financial

In 2015 CBIA/Lawyers Financial, a not-for-profit association governed by and for lawyers, set up a Task Force to develop a predictable, sustainable and cost-efficient pension plan for law firms. That Task Force recommended a plan that will provide lifetime retirement income that will be 30% to 50% greater than the income that can be provided under the typical defined contribution or group RRSP arrangement. The proposed plan is expected to be launched in 2020.

Pensions and Benefits Law, Student Forum

The World Wide Web: A cross-examiner's new toolbox

  • December 04, 2018
  • Steve Benmor, Benmor Family Law Group

This fascinating article focuses on the internet as a resource for lawyers when seeking evidence to use in a case. Steve Benmor outlines both how the internet and all of the information therein can be used against a litigant and he provides a cautionary tale for litigants who may wish to consider what they post on-line about themselves and others. He also provides a useful list of cases that held that social networking websites are a legitimate source of evidence for the Court.

Family Law, Student Forum