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FSCO mediation ruling could cost $300M: lawyer
Law Times
An Ontario Court of Appeal decision finding the Financial Services Commission failed to mediate a number of accident claims within a 60-day time limit could mean up to $300 million in costs that insurance companies will pass on through premiums, a lawyer estimates.

Fraud may be down but threat still looms from within
Canadian Lawyer InHouse, online
Incidents of white-collar fraud appear to be on the decline both globally and in Canada, but some senior executives may have a false sense of security when it comes to the potential threats to their organizations.

Lawyer loses claim for unpaid work against Toronto law firm
Law Times
In a ruling that highlights the perils of an unspoken agreement, a securities lawyer and in-house counsel recently lost his case against a Toronto law firm over allegations of unpaid work.

UVic Environmental Law Centre tackles pipeline hearings
Canadian Lawyer 4Students, online
A law professor with the University of Victoria's Environmental Law Centre has taken his students into the litigation phase of the Enbridge Northern Gateway Project Joint Review Panel hearings.



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News

Source of high-flying bankrupt's legal support privileged, appeal court rules
Law Times
The Ontario Court of Appeal's decision to uphold the right of a bankrupt Toronto man not to reveal the source of his legal expenses sets the record straight when it comes to solicitor-client privilege, according to his legal counsel.


Appellate lawyer on a roll
Law Times
After winning four homicide appeals in a row, Catriona Verner has been on a roll lately.

Students get into the holiday spirit
Canadian Lawyer 4Students, online
With the holiday season quickly approaching, a group of students at the University of Toronto Faculty of Law spread some holiday cheer last week singing Christmas carols outside their law library.

Video: Ontario Legal News Update
Law Times, online
Get the latest news in the Ontario Legal News Update for the week of December 10 with Law Times editor Glenn Kauth.

FMC lauded for staff-friendly policies
Law Times
Fitness subsidies and extra maternity leave benefits are among the factors that earned Fraser Milner Casgrain LLP a spot on Mediacorp Canada Inc.'s list of the Greater Toronto Area's top employers for 2013. Click
here to read more of this story and other news tidbits in this week's Inside Story.



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Commentary

Is $1 sufficient punishment for malicious prosecution?
Law Times, editorial
The Superior Court's ruling in Pate (Estate) v. Galway-Cavendish and Harvey (Townships) is a good reminder of why we hold the justice system to such high standards given the dangers posed by those who act maliciously in launching legal actions.

A call to arms on professional regulation
Canadian Lawyer InHouse, online
The in-house practice of law differs dramatically from the practice of the traditional private practice lawyer. I believe we should all work to ensure the relationship between in-house lawyers and private practice lawyers (between all lawyers for that matter) is collegial and respectful, writes Practising In-house columnist Cheryl Foy.

An architect prognosticates on the law
Canadian Lawyer, online
Those who have carriage of the administration of justice and who recognize the shifting ground in the dispensation of the law, understand the physical facilities to house such processes must have adaptability, universality, transformability, and responsiveness, argues Jack Diamond, founder of Diamond Schmitt Architects.

Dual spouses case a reminder to designate pension beneficiary
Law Times
I encourage lawyers to read the Ontario Court of Appeal's perplexing decision in Carrigan v. Carrigan Estate, as the ultimate point for our purposes at present is to tell our clients to always designate a beneficiary of their pension plans and to remain mindful of who that person is, writes Marta Siemiarczuk in her Family Law column.

Our relationship with the voices of the vulnerable
Canadian Lawyer, online
Voices advocating for human rights through naming and shaming campaigns, producing research reports showing the negative effects of problematic policy, and legal challenges to legislation and practices are a necessary part of democratic society. They may be uncomfortable, but as a friend of mine once said, "pain is a part of growth," opines Sonya Nigam in this month's Human Rights . . . Here & There column.

Waiver of tort: the mystical parasite
Canadian Lawyer, online
While a case has not yet come back before the courts for adjudication of the issue of whether waiver of tort is an independent cause of action or merely remedial, it is apparent from the recent decisions in both B.C. and Ontario that the time is now ripe. Hopefully the next judge faced with deciding the debate will take up the challenge, and make the tough call, writes Trials & Tribulations columnist Margaret Waddell.

Legal Feeds

This week's Law Times poll
Do you believe the Financial Services Commission of Ontario's bid to outsource mediations will resolve its case backlog? Have your say in the weekly Law Times poll.

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Moves & Shakes

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Calendar of Events

Have a legal event coming up in your neck of the woods? Get it listed for free on the Law Times/Canadian Lawyer calendar of events. Send your information to clb.moves@thomsonreuters.com.

Case law

Case Law is a sample selection from the weekly summaries of notable unreported civil and criminal court decisions published in Law Times newspaper.

Law List

Check out CanadianLawList.com Canada's largest and most accurate online directory to 60,000 Canadian lawyers and more than 20,000 law offices. Search by lawyer, firm, location, and practice area.


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