NEWS & BLOG

The Benefits of Learning to Skate Backwards as a Lawyer
Posted on: April 12th, 2019 by

One of my mentors used to say to me that to be a good lawyer
you needed to learn to skate backwards. The value of this metaphor is evident
from the Divisional Court’s decision in Basegmez[i]

In Basegmez: 3
partners/shareholders invested in an hotel and condo project; 1 of them was
responsible for day to day management; 
the other

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Minority Report: For Shareholders
Posted on: March 22nd, 2019 by

Minority
shareholders in a closely held private company are not gifted with the same
powers of foresight that Steven Spielberg granted John Anderton (a.k.a Tom
Cruise) and his ‘Pre-Crime’ unit in the 2002 seminal, futuristic crime-drama ‘Minority
Report’. Set in the year 2054, the Pre-Crime unit relied upon mutated humans
called “Precogs” who had an ability to visualize the future.

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What’s Oppression Got to Do With It?
Posted on: February 8th, 2019 by

Everything, as it turns out. Wilfred v. Dare is a cautionary tale of the consequences of forgetting that the OBCA does not provide for a ‘no fault’ corporate divorce. Does your shareholder agreement provide otherwise? You might want to check.

The Oppression Remedy Reaches Middle-Age – Reflections 44 Years Later
Posted on: January 30th, 2019 by

The statutory oppression remedy is the The Six Million Dollar Man of commercial litigation: a “better, stronger, faster” remedy for addressing oppressive shareholder conduct.

New Partners Join Advocates LLP
Posted on: January 14th, 2019 by

Advocates LLP is proud to announce that associate lawyers Jeff Van Bakel and Kyle MacLean have joined the firm as partners.

Kyle began working with us at the end of
his articling year. Since then he has consistently demonstrated his growing
skills, aptitude for innovation and sound judgment while working with our team
on all

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Section 4 of the Interest Act or: When 2 x 12 = 5
Posted on: November 28th, 2018 by

It is not uncommon to see invoices or purchase orders that provide for interest on overdue accounts at a rate of 2 per cent per month with nothing written about the rate of interest per year. The assumption being that anyone with a basic facility with arithmetic understands that this means that interest is payable

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What Does Innovation Mean in the Legal Industry?
Posted on: September 5th, 2018 by

If you’ve kept an ear to the ground in the last few years, you’ve probably heard about legal innovation. For example, the Ontario Bar Association recently announced that it will have an Innovator in Residence position to direct adoption of legal innovation. Many law firms use innovation as a marketing tool to attract users

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Marcia Oliver Elected Secretary of the CBA’s National Construction & Infrastructure Law Section Executive
Posted on: July 17th, 2018 by

Advocates LLP is pleased to congratulate our partner Marcia Oliver on her recent election to Secretary of the Canadian Bar Association’s National Construction & Infrastructure Law Section Executive. The Section focuses its efforts on finding solutions to legal issues impacting the Canadian construction industry. A Certified Specialist in Construction Law and a

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Trump’s Tariffs and Trudeau’s Countermeasures: How to Protect Yourself in the Construction Industry
Posted on: June 28th, 2018 by

Introduction

The United States government, under the administration of Donald Trump, imposed tariffs on imports of Canadian steel and aluminum at the rate of 25% and 10% respectively, effective May 31, 2018. As a countermeasure, Canada’s Department of Finance intends to impose a reciprocal surtax (or analogous trade restrictive countermeasures) on imports of steel, aluminum,

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Calculating Your Lien Amount – Do Not Overplay Your Hand
Posted on: April 16th, 2018 by

Registering a construction lien against a property is a significant remedy that immediately triggers certain obligations and responsibilities for an owner. For that reason, the Construction Lien Act, 1990, c. C. 30 places an obligation on the party that is registering the lien to ensure the lien amount is accurate and not inflated.

A recent

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