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This Week's Issue

Firm found liable for negligence

Alex Robinson - Monday, January 16, 2017

A judge has found a well-known firm liable for negligence after one of its tax lawyers failed to advise a client on tax consequences concerning their family trust.
In Ozerdinc Family Trust v. Gowlings, Ontario Superior Court Justice Marc Labrosse found Gowling Lafleur Henderson LLP (now known as Gowling WLG) liable for negligence, for failing to advise Muharrem Ozerdinc and Marion Grimes of an impending deemed disposition on a family trust they set up for their children.

“…I conclude that none of the experts has persuaded me that the Defendants did not, at least in part, cause the Plaintffs’ tax consequences resulting...


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Ottawa bus driver partially at fault for crash

The Ontario Court of Appeal has upheld a finding of liability against an Ottawa bus driver for a fatal crash, despite the fact that the driver of the other vehicle was impaired and had entered the intersection on a red light.

Uphill battle for those looking to sue police, say lawyers

Lawyers say a recent judgment dismissing a negligence claim against the Ottawa Police Service is a strong reaffirmation that decisions in underlying criminal proceedings can hold significant weight in subsequent civil actions.

Editorial: Vacancies, again

A proactive cabinet shuffle may be a smart move, but some burrs remain in the side of the federal government. The Canadian Bar Association kicked off 2017 by calling on Federal Minister of Justice and Attorney General of Canada Jody Wilson-Raybould to accelerate the hiring of judges, classifying the issue as “an acute access to justice problem.”

Labour Pains: Summary judgments in wrongful dismissals

A motion for summary judgment is a procedural tool that is both practical and perilous.

Focus: Latitude exists on two-year limitation period

A recent decision serves as a reminder that judges have some latitude in the two-year limitation period in motor vehicle accidents where there is serious and permanent injury.

Inside Story

Monday, January 16, 2017

MILLER THOMSON TO OPEN NEW OFFICE IN VAUGHAN
Miller Thomson LLP has announced it plans to open a new office in the Greater Toronto Area.

The Canadian business law firm’s new office is expected to open in Vaughan, Ont. this spring and will initially accommodate 30 lawyers.

The new office will allow the firm’s lawyers who already have clients in the area to be more accessible to them, said Peter Auvinen, the firm’s managing partner in Toronto.

“Being close to our clients and the communities which we serve is an important part of our overall firm strategy,” said Auvinen.

Auvinen added that Vaughan’s business community was a good fit for the firm, as it requires sophisticated legal services.

“We are committed to the Canadian market and we were drawn to Vaughan because of the strength of its business community,” said Kent Davidson, the firm’s chairman. “As champions of independent business across the country, we provide counsel that is central...

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Law Times poll

An Ontario court has upheld a finding of partial liability against a City of Ottawa bus driver for a fatal crash, even though another driver involved was impaired. Is this a reasonable finding?
Yes, findings of liability should factor in whether a person is a professional driver.
No, expectations of professional and non-professional drivers should be identical.