Not Out? Attornment and its effect on arbitration and choice of
By: D. Lynne Watt
The Supreme Court of Canada is set to hear a landmark case that
may change the way arbitration and choice of forum clauses
are enforced in Canada.
The Court recently granted leave to appeal in the case of
Momentous.ca Corporation et al. v Canadian American Association of
Professional Baseball Ltd et al, 2010 ONCA 722, 103 OR (3d) 467.
The conflict between the parties surrounds the downfall of the
Ottawa Rapidz, a professional baseball team owned by subsidiary
companies of Momentous.ca.
When summary judgment motions were first introduced to Ontario,
they promised to reduce costs, shorten the length of trial, and
free up court resources to reduce the strain on the legal system.
This was to be accomplished by striking out baseless claims and
defences, thereby removing them from the court's docket
entirely or dramatically reducing the issues to be tried. As time
went on, this intent was undermined by a series of decisions which
interpreted the rule by, limiting the availability of summary
judgment to a narrow-set of circumstances. This, in addition to the
prospect of punitive cost awards if unsuccessful, on a motion for
summary judgment, caused practitioners to often disregard it as a
viable tool. With the addition of a single word into the Summary
Judgement Rule, and the explicit granting of powers to judges
hearing summary judgment motions, the new incarnation –
introduced in Ontario in 2010 -- has done away with this troubled
past and is finally in the position to accomplish what the Rule
originally set out to do.
An Equity Partner in a Law Firm is Also an Employee for the
Purposes of Employment Legislation
By: Scott Foster
Summary: The British Columbia Supreme Court
upheld a Human Rights Tribunal decision that decided that an equity
partner in a law firm was also an employee for the purposes of
employment legislation. In doing so, the Court has paved the
way for the partner to bring a complaint for age discrimination in
light of the law firm's policy that all partners retire at
On May 19 2011, the Supreme Court of Canada granted leave of
appeal in the matter of City of Westmountv. Rossy et
al. This much anticipated decision will clarify the boundaries
of Quebec's No fault insurance regime and provide
guidelines on how the law should address circumstances where the
automobile insurance system is being used to remedy injuries
related to circumstances that cannot be understood as conventional
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
Under the Income Tax Act, the Employment Insurance Act, and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions or GST.
Under the Income Tax Act, the Employment Insurance Act, the Canada Pension Plan Act and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions.
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