Canada Law

Where Have All the Female Lawyers Gone?

Andrea Lekushoff | Posted 03.20.2014 | Canada Business
Andrea Lekushoff

Women now constitute nearly half of the North American workforce, and in nearly half of households all adults work, but the business model of most Canadian law firms has not evolved to reflect this significant social change. A change in management approach is clearly needed.

Don't Lump Homosexuals in With Criminals

Ross Macnab | Posted 04.13.2014 | Canada
Ross Macnab

Homosexuality is not a criminal behaviour. It is a sexual orientation. Sexual orientation is like race, religion, ethnicity, sex, age and all the other prohibited grounds of discrimination found in the Charter of Rights and Freedoms and in human rights legislation in every Canadian jurisdiction. I assume they'll teach this at TWU Law School. If they miss this fundamental, but not fundamentalist, point, they're in danger of their law degree having the same currency as a diploma from the Amish Institute of Technology.

Which Religions Forbids A Man From Working With Women?

Stuart Rudner | Posted 03.16.2014 | Canada Living
Stuart Rudner

How did York University initially validate the request of a student who said for religious reasons, he couldn't interact with women? Unfortunately, perhaps it is because organizations are so afraid of being sued for failing to accommodate that they have lost the sense of what is a proper request for accommodation. Many would argue that what they have lost is their common sense.

Be a Resolutionary -- and Help Your Kid Be One Too

Danielle S. McLaughlin | Posted 03.07.2014 | Canada Living
Danielle S. McLaughlin

I like to call us resolutionaries. We are the people who have the best intentions and make great plans for the year to come. We will quit our bad habits and develop new and healthy ones. Today, we are sending our children back to school for the first week of 2014. Let's make a resolution to help them develop healthy habits -- and stick to those new habits.

Canadian Law Students Who Article Are Vulnerable to Abuse

Adam Dodek | Posted 02.15.2014 | Canada Business
Adam Dodek

I was concerned about Kate and I met with her in person. When she told me what was going on at her firm, it became clear that there was an element of sexual discrimination or harassment. Articling students facing such harassment have few choices. They could make a complaint to the Law Society, file a complaint under the firm's internal workplace harassment policy (assuming it exists), consult an employment lawyer or perhaps bring a human rights complaint. The power dynamics of articling make such options not particularly appealing to most students. So most would stick it out.

How To Tell If You've Picked the Right Executor For Your Will

Suzana Popovic-Montag | Posted 12.28.2013 | Canada
Suzana Popovic-Montag

Most people tend to choose a family member or a close friend to act as their executor. However, being an executor is not always an easy task and it is important to choose a competent person for the role. In our experience, it is a good idea to pick a leader, someone who is able to manage and attend to the administration issues in your estate.

Access To Justice In Canada 'Abysmal,' Report Says

CP | Jennifer Graham, The Canadian Press | Posted 10.18.2013 | Canada

SASKATOON - Access to justice in Canada is being described as "abysmal" in a new report from the Canadian Bar Association, which also calls for much m...

Florida Was Complicit in Trayvon Martin's Death

Saeed Selvam | Posted 09.16.2013 | Canada
Saeed Selvam

The jury in the Zimmerman trial made a decision that they felt comfortable with, they didn't have to be racist, Florida law protected and provoked their decision. The point is, collective anger and protest needs to be directed against the law, not store windows.

The Power of a Do-It-Yourself Will

Suzana Popovic-Montag | Posted 08.26.2013 | Canada Business
Suzana Popovic-Montag

Every year, many consumers create their own estate planning documents, such as wills and powers of attorney, using do it yourself kits. These kits can be found online or in shops across the country, ranging from free downloadable documents to significantly expensive ones.

Is the Government About to Can Its Own Anti-Spam Law?

Michael Geist | Posted 11.13.2013 | Canada
Michael Geist

In May 2010, then-Industry Minister Tony Clement introduced anti-spam legislation that he admitted was long overdue. Clement acknowledged that "Canada is seen as a haven for spammers because of the gaps in our current legislation...a place where spammers can reside and inflict their damage around the world." Yet last week, government officials disclosed that the best-case scenario for the law is that final regulations are released late this summer with the implementation of the law delayed until the fall of 2014.

What Snowbirds Should Know Before They Buy Down South

Suzana Popovic-Montag | Posted 08.17.2013 | Canada Business
Suzana Popovic-Montag

Those in the market for snowbird condominiums or other properties south of the border need to buy what it is they can afford and can make them happy, without their estate plans at the forefront of their mind. However, it's important not to be naïve in these cross-border property purchases, in order to ensure assets pass on in a meaningful way.

Supporting Women Lawyers in Russia

G(irls)20 | Posted 08.15.2013 | Canada
G(irls)20

2013-06-12-blog_girls_20_summit_v01A.png The Russian revolution declared equal rights for men and women, but in reality a tremendous gender gap remained in all the higher managerial positions. Although we still have a long way to go, in Russia young girls have many more opportunities today.

Estate Planning for Diverse Family Types

Suzana Popovic-Montag | Posted 08.14.2013 | Canada Business
Suzana Popovic-Montag

Increasingly, Canadians are finding happiness later in life with second spouses and second families. In these situations, professional advice may be desirable to balance the competing demands of providing for the first and second families in an estate plan. This has resulted in a host of creative solutions.

Using Technology to Plan Your Estate

Suzana Popovic-Montag | Posted 08.03.2013 | Canada Business
Suzana Popovic-Montag

With social media, electronic banking and online investing, our lives are becoming increasingly digital. Important documents containing crucial information, such as financial statements and tax receipts, are being stored in on-line databases, creating elements of a virtual estate. With this in mind, technology is playing a bigger and bigger role in estate planning.

It Should Go Without Saying, But Don't Name Your Baby "Hitler"

Samantha Kemp-Jackson | Posted 07.27.2013 | Canada Living
Samantha Kemp-Jackson

I'm all for uniqueness when it comes to naming a child. After all, no one wants to give their child a name that will be shared by three or more kids in their grade school classroom. That being said, parents still need to consider certain parameters when making a decision that will affect their child for many years to come. Case in point: the poor child incredulously named "Adolph Hitler Campbell."

Could An Online Classified Service Be Liable for the Wrongful Death of Tim Bosma?

James Morton | Posted 07.24.2013 | Canada Business
James Morton

Could a site like Kijiji be found liable for the wrongful death of Tim Bosma? The question is not trivial as enormous numbers of people, previously unknown to each other, now meet online to trade goods, services or find a new boyfriend or girlfriend.

What Baby Boomers Should Know About Estate Planning

Suzana Popovic-Montag | Posted 07.23.2013 | Canada Business
Suzana Popovic-Montag

The baby boomer generation should be paying particular attention to their estate plans. It is a generation that is participating in a large generational transfer of wealth and it is a generation that has increasingly more time on its hands.

Transferring Wealth Efficiently

Suzana Popovic-Montag | Posted 07.13.2013 | Canada
Suzana Popovic-Montag

As we move towards and progress through the largest intergenerational transfer of wealth in history, people are looking for ways to improve the effici...

The Trouble With Joint Bank Accounts

Suzana Popovic-Montag | Posted 07.07.2013 | Canada Business
Suzana Popovic-Montag

The use of joint accounts is an exercise in the balance of convenience and control. We are frequently advising our clients that, despite the added convenience and tax-saving advantages associated with joint accounts, adding another person to an account substantially reduces your control over that account.

How to Deal With Death and (Estate) Taxes

Suzana Popovic-Montag | Posted 06.23.2013 | Canada Business
Suzana Popovic-Montag

Many have heard the saying that the only two certainties in life are death and taxes. How the two relate, however, is something that is not often fully understood. An estate tax is conventionally understood to be the tax that is paid on your death.

New Anti-Terrorist Laws Would Put Canadians' Liberties at Risk

James Morton | Posted 06.23.2013 | Canada Politics
James Morton

Monday's announcement that the RCMP broke an apparent terrorist ring set to derail a VIA passenger train is good news. It shows that Canada's existing terrorism laws work. What the announcement does not show is the need for draconian new laws. Public Safety Minister Vic Toews says Canada needs tougher anti-terrorism laws -- laws which his government has put before Parliament. Canadians are being asked to give up liberty for a terrorist threat that seems to be in hand.

Executor to Someone's Estate? You Might Qualify for Compensation

Suzana Popovic-Montag | Posted 06.16.2013 | Canada Business
Suzana Popovic-Montag

When a person is an executor of another's estate, it is a lot of hard work. The task often puts the individual in an unpleasant position of conflict. In order to remunerate these individuals for the risks and efforts that they have undertaken, attorneys, executors and trustees may claim compensation for their work out of the assets which they administer.

Try This Alternative to Estate Litigation

Suzana Popovic-Montag | Posted 06.10.2013 | Canada Business
Suzana Popovic-Montag

Estate litigation can be costly, both financially and emotionally. Thankfully, there is another avenue besides the courtroom that can serve to reduce both types of stress: alternative dispute resolution. Alternative dispute resolution mechanisms allow for disputes to be dealt with outside of the courtroom and are often an attractive means for litigants wishing to push toward settlement.

Are Powers of Attorney necessary for your Estate Plan?

Suzana Popovic-Montag | Posted 05.25.2013 | Canada Business
Suzana Popovic-Montag

Because of the importance of powers of attorney to the rights and quality of life of an individual who has become incapable, it is absolutely essential that they be kept up-to-date. A careful review of your powers of attorney should be undertaken every three to five years or after any material life events, such as a marriage or a change in health conditions.

Don't Delay, Make a Legal Will Today

Suzana Popovic-Montag | Posted 05.21.2013 | Canada Business
Suzana Popovic-Montag

Approximately one half of Canadians do not have a will. For those who do, many are in need of an update. While preparing a will is not a priority for many of us, the reality is that nobody lives forever. The need for valid, well-prepared wills has never been more pressing.