Current Issue

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September 25, 2017
  • Entity regulation encouraged to boost diversity

    To really address barriers faced by racialized licensees, some lawyers say the Law Society of Upper Canada needs to implement entity regulation to significantly boost diversity in the legal profession. The law society is rolling out a first round of recommendations approved by Convocation in December 2016 to battle the barriers faced by racialized licensees. While some applauded the measures as an important first step, others say the changes will be largely inconsequential without bringing law firms under the LSUC’s regulatory control.
  • OCA rules on amicus rates

    In a case that could eventually have implications for whether amicus curiae can be appointed in family law matters, the Ontario Court of Appeal has ruled that the attorney general is not obligated to negotiate payment for amicus above legal aid rates. In Morwald-Benevides v. Benevides, the attorney general appealed the appointment of amici in a family law matter involving a “toxic” custody dispute.
  • Tax changes could have costly consequences

    Proposed changes to private incorporation tax rules could have costly consequences for corporate clients, say lawyers who have reviewed potential shifts to the Income Tax Act. The federal Liberal government has been at the centre of ongoing controversy over the proposed changes, which were announced this summer and could go into effect later this fall. The changes could cause double taxation for clients with private corporations or family trusts in some circumstances, lawyers say. The changes could also end up taxing a holding company’s assets at a rate of 70 to 90 per cent, they say.


  • Charles Gluckstein

    Proceed cautiously on ABS

    Ontario lawyers are currently being asked to share their opinions on alternative business structures in the province. If accepted, this would mean the delivery of legal services through civil society organizations to facilitate access to justice. I believe that alternative business structures — known as ABS — have the potential to have a positive effect in Ontario, especially when viewed from the perspective of increasing access to justice.
  • Gabrielle Giroday

    Contingency caution

    Controversy over contingency fees isn’t new. However, a ruling this week in the family law realm has important takeaways. In Jackson v. Stephen Durbin and Associates, Ontario Superior Court Justice Thomas Lofchik ordered a Toronto law firm to refund a $72,000 premium it charged to a family litigant for the favourable result achieved at trial in a custody battle.

Focus On

  • Challenge on offensive trademarks could bring clarity

    Canadian intellectual property lawyers say brand owners would benefit from the clarity a Constitutional challenge would bring to the country’s ban on offensive trademarks. This summer, the U.S. Supreme Court struck down part of the portion of its law prohibiting disparaging trademarks, ruling that the ban infringed on First Amendment free speech rights.

Inside Story

  • Monday, September 25, 2017

    Monday, September 25, 2017






  • Sep 25, 2017

    Editorial Cartoon: September 25, 2017


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Some lawyers say the Law Society of Upper Canada needs to implement entity regulation to significantly boost diversity in the legal profession. Do you think that entity regulation is necessary to best achieve diversity initiatives?