Legal Feeds
Canadian Lawyer

This Week's Issue

Former law firm partner sued for $9 million

Michael McKiernan - Monday, February 20, 2017

A Toronto litigation and corporate law boutique has sued a former partner in the firm for $9 million after a dispute over a contingency fee client.

Brauti Thorning Zibarras LLP makes the request for damages against its former non-equity partner Trung Nguyen in a statement of claim filed last August with the Ontario Superior Court of Justice.

BTZ alleges Nguyen breached his contract and fiduciary duty to the firm when he “improperly solicited” some of its clients to come with him when he resigned in early 2015, including Indcondo Building Corporation, a property development company with a $20-million claim against its one-time business partner.

But in a statement of defence and counterclaim also filed with the court, Nguyen denies the claims and demands $1.1 million from BTZ, alleging the firm still owes him for work he did on the Indcondo file, as well as a 25-per-cent cut of any fees the firm collects on ...

Read more

Appeal in Teva cheque fraud case to be heard this week

A major pharmaceutical company is arguing that the Ontario Court of Appeal has “altered the law” and improperly introduced a new defence for banks when determining liability in fraudulent cheque schemes.

That's history: The roots of common law in Canada

This third column on the roots of Canada’s legal traditions is devoted to the common law, following others on indigenous law and civil law.

Focus: SCC rulings to prompt legislative changes?

Lawyers are hailing two decisions from the Supreme Court of Canada reinforcing the rights of solicitor-client privilege and litigation privilege. However, they note that it may give rise to regulators demanding broader production powers from legislatures.

Focus: Advertising and referral agreements front and centre

Issues around advertising and referral agreements for personal injury lawyers continue to be in the spotlight as the Law Society of Upper Canada has an ongoing study into the issue and a Florida-based law firm has entered the Ontario market in association with a medical and legal referral business.

Focus: Use of expert witnesses under scrutiny

In the nearly two years since the Supreme Court of Canada set out a framework to assess the independence of expert witnesses, there has been an increased spotlight on this kind of evidence, and subsequent lower court decisions have stressed the importance of a judge’s gatekeeper role in this area.

Inside Story

Monday, February 20, 2017

The Jay and Barbara Hennick Centre for Business and Law at York University has given Toronto lawyer Carol Hansell its 2016 Hennick Medal for Career Achievement.

The award is given to leaders in the business and legal communities who have gained international recognition for their work. Hansell graduated from York University with an LLB/MBA in 1986 and is now regarded as one of the country’s most influential advisers in corporate governance.

She worked at Davies Ward Phillips & Vineberg LLP for 20 years, before leaving to start her own firm, Hansell LLP. She is also a principal Hansell McLaughlin Advisory Inc.

Hansell has served on the boards of many organizations in different sectors, including the boards of the Bank of Canada and the Ontario Registered Pension Plan Administration Corporation.

“Carol Hansell is a role model for our students,” said Edward Waitzer, the director of the Hennick Centre.

“She is a pioneer in governance...

more Inside Story

  • Access to Justice
    Access to Justice The Action Group on Access to Justice (TAG) strives to inform the public on the importance of the people having access to legal resources and…
  • Legal Aid lawyers rally for collective bargaining rights
    Legal Aid lawyers rally for collective bargaining rights Legal Aid Ontario lawyers held three protests in July to push the provincial government to support their attempts to unionize. The lawyers have been in…
  • Jane-Finch community gets employment law help
    Jane-Finch community gets employment law help Osgoode Hall Law School's Community Legal Aid Services Programme recently opened an employment law division for Toronto's Jane-Finch community.Phanath Im, review counsel for the division,…
More Law Times TV...

Law Times poll

After the Supreme Court set out a framework to assess the independence of expert witnesses, litigators have different opinions about whether it’s too difficult to exclude expert evidence on the basis of bias. What do you think?
Yes, it remains very hard to get this evidence excluded, but this may change as trial court judges pay more attention to the backgrounds of expert witnesses.
No, it is not hard to get this evidence excluded, as the courts continually refine the role of experts in both criminal and civil litigation.