Diversity Gap on the Bench

Do you see yourself reflected in the Canadian judiciary? For many in our increasingly diverse society and profession, the answer is “no”. There is a glaring gap of diversity among our judges. According to a 2012 study by Ryerson University’s Diversity Institute, only 2.3 percent of federally appointed judges (i.e., on provincial superior and appellate…

With This Ring, I…Take Thee to Court

Who gets the ring when the engagement is ended? Three possibilities to consider. These days, engagement rings come in a dazzling array of shapes, sizes, and colours, from the blue sapphire presented to Kate Middleton to the emerald-cut diamond worn by Angelina Jolie. Unfortunately, an engagement does not always end with a trip down the…

The Admissibility of Extrinsic Evidence

Commercial contracts are not created in a vacuum. In the event of a dispute, can parties adduce evidence outside the “four corners” of the document (e.g. prior drafts, negotiations) to support their interpretation? As a starting point, the goal of every interpretative exercise is to determine objectively the intention of the parties at the time…

Ramping Up Accessibility Compliance

With budgets as tight as skinny jeans these days, many organizations may find it a burden to set aside resources to better accommodate workers and customers with disabilities. But an economic case can be made for such an initiative: the disability market — currently, about 4.4 million Canadians and expected to grow as the population…

Bankruptcy Doesn’t Shelter the Dishonest

Anna Wong & Sam Marr The recent recession has spawned an unprecedented spike in personal bankruptcy filings. According to figures from the Office of the Superintendent of Bankruptcy Canada, personal bankruptcies hit a record high of 116,381 in 2009, falling slightly in 2010. A question for those in the construction industry is this: Does liability…