Disrupting From Within
January 01, 2018
Kate Simpson authors "Disrupting From Within" published in Canadian Lawyer Magazine. The incumbent’s dilemma is how to drive disruption internally before being disrupted by others external to the firm. Big firms are starting to build innovation capabilities internally, as well as partnering with innovators and technologists. This means they can focus on doing what they do best for their clients, at the same time as testing the waters of the future and the disruption that is coming.
BC Ruling Adds Further Clarity to Long-Term Disability Saga
November 21, 2017
Does disability interfere with an organization’s right to terminate employment and employer-provided benefits?
It’s a question that commonly arises when it comes to employees who have been away from work and in receipt of long-term disability benefits for extended periods of time. Published by Benefits Canada.
Maureen Ward and Nathan Shaheen on Asset Recovery
October 30, 2017
Maureen Ward and Nathan Shaheen wrote the Canadian chapter in Getting the Deal Through’s 2018 edition on Asset Recovery. They look at the full picture in Canada on civil asset recovery and criminal asset recovery in legislation, jurisdiction and court proceedings and more.
Striking Jury Notices in Civil Trials
Fall 2017
Michael Eizenga and Preet Gill co-authored "Striking Jury Notices in Civil Trials", published in The Oatley-McLeish Guide to Personal Injury Practice in Motor Vehicle Cases.
Adam Kalbfleisch and Kyle Donnelly on Merger Review in Canada
September 27, 2017
Adam Kalbfleisch and Kyle Donnelly wrote the chapter “Canada: Merger Review” in Global Competition Review’s The Antitrust Review of the Americas 2018. Adam and Kyle look at:
the structure and practice for assessing merger review under the Canadian Competition Act
the enforcement approach taken to merger review by the Competition Bureau
issues related to challenges by the commissioner of competition and potential remedies when issues arise
Portfolio Litigation Financing - What’s in it for the Lawyers?
September 24, 2017
Lincoln Caylor authors "Portfolio Litigation Financing - What’s in it for the Lawyers?" with contributions from Nina Butz. Over the last decade, third-party litigation funding has established itself as an important and profitable product for funders, their investors, law firms, and clients alike. However, the funding model first introduced to the legal world looked significantly different than the deals seen in headlines today. Among other factors, this evolution can be traced to the emergence of “portfolio financing” – arguably the defining trend in litigation funding over the past year. Several of the largest players in the funding arena are now investing less than 15% of their litigation investment portfolios in single-case deals. Published in ICC FraudNet.
In Pari Delicto and Ex Turpi Causa
September 2017
Lincoln Caylor co-authored: "In Pari Delicto and Ex Turpi Causa: The Defence of Illegality - Approaches Taken in England and Wales, Canada and the US". Published in Business Law International, Vol. 18, No. 3 September 2017.
Unable or Unwilling
September 19, 2017
Simon Crawford presented "Unable or Unwilling" at the LSUC's 2017 Commercial Real Estate Transactions program.
The Strengthening of Ontario's Health Information Privacy Legislation
September 08, 2017
Michael Whitt, Sébastien Gittens and Antonia Alisauskas co-authored "The strengthening of Ontario's health information privacy legislation" published in Digital Health Legal, September 2017.
Five Mining Policy Areas to Watch under BC's New Government
September 05, 2017
David Bursey and Sharon Singh write in the law column in Canadian Mining Journal on five policy areas to watch under British Columbia’s new provincial government. The five areas are worth watching are:
Greater involvement by aboriginal communities in decision-making
New project approvals processes
Strengthening the regulatory regime
Review of the fiscal measures and the tax burden
Building physical and social infrastructure
A Practitioner's Guide to Commercial Arbitration 2017
2017
Dominique Hussey and Will Bortolin co-authored Chapter 12 "Stepping into the Hot Tub: Concurrent Expert Evidence in Commercial Arbitration" in "A Practitioner's Guide to Commercial Arbitration".
Litigation & Dispute Resolution 2017
August 17, 2017
The Canadian court system is comprised of: (i) provincial and territorial courts; (ii) the Federal Courts; and (iii) the Supreme Court of Canada, which is the highest court in the nation. Federal courts have specified jurisdiction to resolve disputes in certain federally regulated areas such as immigration and intellectual property. Robert Staley, Jonathan Bell and Jessica Starck co-authored the Canadian chapter in Global Legal Insights: Litigation & Dispute Resolution 2017, 6th edition.
Companies Use Third-Party Litigation Funding
July 24, 2017
Lincoln Caylor comments in the article "Companies use third-party litigation funding" published in Law Times, Vol. 28, No. 24.
Third-Party Funding Market Diversifies
July 24, 2017
Lincoln Caylor comments in the article "Third-party funding market diversifies" published in Law Times, Vol. 28, No. 24.
Predicting Outcomes
July 01, 2017
Kate Simpson authors "Predicting Outcomes" published in the Canadian Lawyer Magazine. There are inherent human biases that affect a lawyer's ability to make accurate predictions about possible outcomes for clients. Algorithms, along with their processing powers over massive data sets, can help the expert predict outcomes better and more often.
See the print version of the magazine for the full article.
The Dispute Resolution Review - 9th Edition - Canada
June 21, 2017
Canada’s system of government is divided into three distinct branches: the judiciary, the legislature and the executive. The legislature (Parliament) has the power to make, alter and repeal laws. The executive branch is responsible for administering and enforcing the laws. The judiciary resolves disputes by applying and interpreting the law. Robert Staley and Jonathan Bell authored the Canadian chapter in The Dispute Resolution Review - 9th Edition.
Proposed Oil Tanker Moratorium Act - A Brief Look at the History of the Moratorium
June 2017
On 12 May 2017, the Government of Canada introduced Bill C-48, the proposed Oil Tanker Moratorium Act, in Parliament. This initiative follows up on the launch of the national Oceans Protection Plan in November 2016 and fulfils the Prime Minister’s commitment to formalize a crude oil tanker moratorium on British Columbia’s north coast. The broader plan aims to “improve marine safety and responsible shipping; protect Canada’s marine environment; and create new partnerships with Indigenous and coastal communities”. Published in Energy Regulation Quarterly, Vol. 5, Issue 2.
Bennett Jones