Appellate
AccounTrust Business Services Inc.
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Interlocutory suspensions require law society disclosure

Without confirmation from an appellate court, it remains to be seen whether the Law Society of Ontario (LSO) will follow a recent hearing panel decision that would require it to ... Read more

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FCA reaffirms importance of common interest privilege

A recent Federal Court of Appeal decision that recognizes the doctrine of common interest privilege in the context of a commercial transaction is consistent with existing ... Read more

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Cherniak taking Groia case to SCC Nov. 6

The Supreme Court of Canada (SCC) will consider the issue of who should regulate the conduct of lawyers defending their clients' rights in court when it hears the case ... Read more

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Radnoff to discuss key considerations of settlement at LSUC program

Toronto commercial litigator and appellate counsel  Brian Radnoff will share his insights on   settlement agreements at the upcoming “A litigator's guide to ... Read more

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Appeal panel costs award against law society 'an outlier'

While a recent Law Society of Upper Canada appeal panel decision that awarded costs to two lawyers after an 11-year battle with the regulator is encouraging, it will not likely ... Read more

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Supreme Court to hear appeal in Groia case

The Supreme Court of Canada (SCC) has agreed to hear an appeal from lawyer Joe Groia, who will ask the top court to explore the issue of who should regulate the ... Read more

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Trudeau nominates N.L. judge Malcolm Rowe to Supreme Court of Canada

OTTAWA – Prime Minister Justin Trudeau has nominated Justice Malcolm Rowe for the Supreme Court of Canada, the first Newfoundlander in the court's history. Rowe, born ... Read more

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Non-political SCC appointment process a welcome improvement

The government’s new non-partisan process for appointing justices to the Supreme Court of Canada (SCC) is a positive change, but recommendations should remain ... Read more

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LSUC does not get to decide what is relevant: disclosure ruling

A recent Divisional Court decision confirms that the Law Society of Upper Canada (LSUC) cannot determine what information to disclose during disciplinary proceedings based solely ... Read more

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'Irreconcilable' issues remain unclear after Spence leave decision

The Supreme Court of Canada’s recent decision not to grant leave to appeal in the case of a woman left out of her father’s will for alleged racist reasons has ... Read more

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Groia will seek leave to appeal: Cherniak

Lawyer Joe Groia will be asking the Supreme Court of Canada to explore the issue of who should regulate the conduct of lawyers defending their clients' rights in court, after ... Read more

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Parties hope SCC takes on issue of public policy in wills

As the Supreme Court of Canada has not weighed in on public policy concerns in testamentary dispositions for some time, a client seeking to challenge the decision ... Read more

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Counsel to seek SCC appeal in case of discriminatory will

A woman who was omitted from her father’s will for alleged racist reasons will seek leave to appeal her case to the Supreme Court of Canada, after the Court of Appeal ... Read more

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Nature of transaction may be viewed differently by court, lawyers

A recent appeal court decision that found a lawyer liable for negligence and breach of fiduciary duty after he represented both parties in a family share ... Read more

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MPs should exercise caution with sentencing reference letters

Members of Parliament should be cautious in offering a letter of reference in an ongoing legal matter, as their actions may be viewed as influencing court proceedings, Toronto ... Read more

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Rare for appeal court to take different view of agreement

In ordering a lawyer to pay damages for a breach of fiduciary duty, the Ontario Court of Appeal recently did something it is often hesitant to do — draw different factual ... Read more

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Appeal of Mareva injunctions can be uphill battle

As courts approve Mareva injunctions infrequently, appeals of these tools can be a difficult task, Toronto commercial litigator and appellate counsel  Brian Radnoff , tells ... Read more

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More flexibility needed to avoid drawn-out discipline matters

Facing a lengthy Law Society of Upper Canada (LSUC) investigation can not only be emotionally draining and stressful on a lawyer, but they are also restricted from conducting ... Read more

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Cherniak taking Groia matter to appeal court

Lawyer Joe Groia is taking his case to the Ontario Court of Appeal next week, as he and his counsel, Toronto lawyer and arbitrator Earl Cherniak , seek to have a finding of ... Read more

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Lawyer's battle to continue after LSUC tribunal disclosure issues

Although the Law Society of Upper Canada (LSUC) disciplinary appeal panel’s move to allow an Ottawa-based real estate lawyer's appeal is a victory, he has been battling ... Read more

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