Chanakya Sethi

🚨 Big Win! 🚨 Our firm, led by May (Mayissa) Elajami, successfully defended a cross-jurisdictional tort claim in the Ontario Superior Court. The court ruled in our client's favor, separating historical misconduct claims by jurisdiction, with misconduct in one country to be adjudicated under that country’s laws and Canadian claims to be governed by Canadian law. The court upheld the principle of lex loci delicti, ensuring fairness and clarity for our client. 💼 Key Facts: - Jurisdictional clarity: The court confirmed that alleged misconduct spanning multiple countries must be adjudicated under the laws where the events occurred. - Successful defence: We secured a ruling that distinct time periods and actions required the separation of claims by jurisdiction. - Cost efficiency: Our client was awarded partial indemnity costs, helping reduce the financial impact of the litigation. Read about this case: https://lnkd.in/eMZRtdj3 #LegalVictory #CrossJurisdictionalCase #TortLaw #OntarioSuperiorCourt #LegalClarity #MELaw

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The decision in Clayton v. Canada confirms the narrow scope of judicial oversight of arbitral awards, cautioning litigants to avoid attempting to use set-aside provisions of the Model Law to appeal the merits of an arbitral award. Read more: https://bit.ly/4d55xi9 #Arbitration #InternationalArbitration #BlakesMeansBusiness

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Congratulations to Herrick Litigation partner, Shivani Poddar, who was selected for inclusion in the 9th edition of Benchmark Litigation's 40 & Under List. This guide features practitioners that are among the top talent in their respective litigation communities in the United States and Canada. Read more about Shivani's award here: https://lnkd.in/e-Nn4uBE. #HerrickDoesThat #Litigation #WomenInLaw #WomenInLeadership

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It was a pleasure to be part of this discussion with Vibert Jack about the recent SCC decision in R v Bykovets on Christine Van Geyn’s segment on The News Forum. The question before the Supreme Court of Canada in this case was whether an IP address attracts a reasonable expectation of privacy that allows individuals to benefit from a section 8 Charter protection. In a 5-4 split, the majority’s answer to that question was: yes. Watch our discussion below in one of my favourite privacy decisions from the highest court!🔗 #privacylaw #SCC

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Pause Before Partnering: IP Issues in Collaborative Events & Programs . 🗓️ Date: Thursday, July 18, 2024 🕣 Time: 8:30 AM PST | 11:30 AM EST | 10:30 AM CST . Register here: https://lnkd.in/guF4w4bD . Hosted by Firm for the Culture, this webinar is a must for entrepreneurs and business owners looking to navigate intellectual property challenges in collaborations. Don't miss out on gaining valuable insights to protect your creative contributions! 💡🔐 . See you there! . #IntellectualProperty #BusinessWebinar #FirmForTheCulture #Entrepreneurship #Collaboration #ProtectYourIP #ForTheCulture #IAmWhatATrademarkAttorneyLooksLike #Trademarks #Copyrights #LicensesForSocialImpact #LetsPlayBig #SocialImpact #Blessed ————— If you're interested in scaling your brand through trademark, copyright, or licensing, let's work together: https://lnkd.in/gmAZtvSp ————— To Join Our Free Founders Community for Social Impact, Click Here: https://fftc.substack.com

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Interesting case out of the Supreme Court of Canada last week -- Canada (Attorney General) v. Power 2024 SCC 26 https://lnkd.in/eWzEi3XK  -- establishing the test for when the government can be held liable for damages when it has enacted legislation later found to be unconstitutional. The SCC found that when the government has enacted legislation that was later found to be unconstitutional, it does not have absolute immunity from liability for damages. But don’t start drafting a statement of claim yet. Despite the fact that the government doesn’t have absolute immunity, the test for liability for damages is extremely high: “[T]he defence of immunity will be available to the state unless it is established that the law was clearly unconstitutional, or that its enactment was in bad faith or an abuse of power. This is a high threshold.  But it is not insurmountable.” So is sending people to Mars. Any bets on which happens first?

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This week, we're speaking about professional regulatory law, with lawyer and bencher, Rebecca Durcan (Steinecke Maciura LeBlanc)! [episode links in comments 👇🏾] Topics: BC's Bill 21 and the independence of the regulator, trauma-informed regulation; Charter values vs Charter rights; and our Ask-Me-Anything segment. ⚫ Would BC's modernization of the legal profession meaningfully impact the independence of the regulator? (9:33) ⚫ How can regulators apply principles of compassion in their treatment of registrants and complainants? (18:55) ⚫ How does a new SCC decision impact the role of Charter values in decision-making, even when Charter rights are not directly infringed. (29:18) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:05) 🔵 What are some considerations to for regulators to apply when assessing whether and how to use their authority to discipline, revoke licenses and/or lay quasi-criminal charges? (39:42) 🔵 How does Ontario compare to other provinces/jurisdictions in terms of the degree to which professions are regulated? (41:47 🔵 How do regulatory bodies balance the right to free speech with maintaining professional conduct and standards, particularly in light of current issues involving the “culture wars”? (43:52) 🔵 What obligations, if any, do regulators owe to the professionals that they regulate? (47:26) 🔵 What are some attributes that make an organization a “modern regulator"? (51:10)

In June, we saw fewer than 20 lateral moves by associates in Toronto. This is a significant drop from the 68 lateral moves we witnessed on Bay Street in May.   Here’s a snapshot: ♦ Litigation remains the busiest practice area (5 moves) ♦ Tax is picking up (3 moves) ♦ Corporate (M&A and securities) remains slow  ♦ 2022 and 2019 calls continue to be the most active years of call   While the market has slowed, there are still interesting opportunities available. If you’re thinking about making a move in the fall, now is a good time to speak with a recruitment consultant to get ahead of the curve. Connect with Beth Mountford ([email protected]) or Lameck Kefela ([email protected]) to discuss career opportunities in the Toronto market. #LawyerMoves #TorontoLegalMoves #TorontoLawyers #LegalRecruitment cc: Warren Smith, Trevin Sewell, Jeremiah Hunter

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We're excited to officially announce the recent release of our newest data set, CaseLaw, in collaboration with the Jurisage Group. CaseLaw is based on court decisions from the Canadian legal system. With a trained law librarian, Holly James, MLIS, we’ve curated a completely private set of questions a lawyer could ask about these cases in the course of real practice (as well as the set of correct answers). The model is then expected to answer either by selecting explicit excerpts or paraphrasing elements from the decision. The answer must be grounded with citations from the decision itself - it is insufficient to answer in general terms. Unsurprisingly, o1 currently holds a high score on the leaderboard. You can view the full results, and some sample questions, at https://lnkd.in/dbfrR8zU.

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My latest paper considers the question of who has the responsibility for maintaining an easement.

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Great article from Managing IP featuring our new IP litigator, Tod Melgar, and his thoughts about joining team #LippesMathias ⤵

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MinuteBox is checking in at the 2024 Counselwell Conference at the Toronto Reference Library! Today is the day, Counselwell is kicking off and we’re excited to once again attend and sponsor this incredible conference for in-house lawyers. If you’re attending, stop by our booth and discover how MinuteBox can make managing corporate records easier than finding your favourite book on a perfectly organized shelf! The MinuteBox platform offers many ways to ease your workload while boosting your efficiency, such as allowing users to: · Centralize subsidiary and corporate governance data in an easy-to-use cloud interface. · Manage complex transactions in a single location, reducing due diligence time and effort. · Save time and avoid headaches by automating tasks like charting corporate and asset structures, identifying BOI and creating document packages. Whether you are looking for a platform like this or not, make sure to drop by our conference booth and connect with us to learn more about how MinuteBox can support your practice! #Counselwell2024 #MinuteBox #InHouseLawyers #CorporateGovernance

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On May 15, the Québec government published the final version of its anonymization regulations, setting out the requirements that private sector organizations must meet to lawfully anonymize personal information. Kirsten Thompson and Sasha Coutu offer a summary of changes from the draft version, and what they mean for organizations. The Regulations come into force 15 days after publication, except for the record keeping requirements in section 9, which will come into force January 1, 2025: https://lnkd.in/e87AQ5Wi #Privacy #Cybersecurity #DataPrivacy #Anonymization #PersonalInformation #Québec

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Recent proceedings in Ontario courts shed light on evolving approaches to civil jury trials. In a recent case, the Ontario Superior Court of Justice addressed the complexities surrounding jury notices, emphasizing the need for balanced considerations in trial management. With no constitutional mandate for civil jury trials, the court's exercise of discretion to strike a jury notice underscores the nuanced nature of trial proceedings. Read more from lawyers Lindsay Lorimer, Rachel Cooper and Rachel Wong here: https://bit.ly/3JShlax #ontariolaw #litigation #mcmillaninsights

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We are pleased to announce that Kornfeld LLP has again received the highest possible ranking of Highly Recommended in the 2024 Benchmark Litigation Canada guide. Seven Kornfeld lawyers have been recognized as Litigation Stars and Future Stars: Shane Coblin (Litigation Star) Stephen M. Fitterman (Litigation Star) Sandra Foweraker (Litigation Star) Francis Lamer (Litigation Star) Devin Lucas (Future Star) Dan Parlow (Litigation Star) Abbas Sabur (Litigation Star) Congratulations to all who have been recognized by the legal community for their talent and hard work. Benchmark Litigation celebrates leading litigators and the most impactful disputes across Canada based upon interviews conducted with lawyers, clients and industry professionals and research and analysis of the most significant cases and firm developments of the preceding year. Please click the following link to read the Benchmark Canada analysis of our firm and practitioners: https://lnkd.in/gm3e_RqU #KornfeldLLP #BenchmarkLitigation

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Archit Gupta has joined Toronto’s Monkhouse Law Employment Lawyers as an associate. Before joining the firm, Gupta completed his articling at a prominent boutique law firm in Toronto, where he was involved in a broad spectrum of employment law matters, according to his firm bio. See https://lnkd.in/eMNBP2Y7 for more information. #LegalNews #PeopleontheMove #EmploymentLaw

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I always learn much from my colleague, David Fraser, including from his legal updates like this one. The headline is likely not a surprise to many (and, yes, this Cambridge Analytica dispute persists), but with each decision like the one David comments on, #privacylaw continues to evolve relatively quickly, and in a manner that continues to impact most companies (#startups, tech-based or otherwise). Founders and other business leaders should build their business models proactively in contemplation of privacy laws, rather than consider how to comply with such laws after the fact. https://lnkd.in/gVaCAqiu

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Check out this brilliant tool! https://lnkd.in/gsCRnYaA It's a volunteer-run project that pulls all the Court Contacts, Notices to the Profession, and Practice Directions for each Ontario Family Law Court and compiles them into a neat little list. It's a super useful way to find consolidated information rather than crawling through the labyrinth of the Ontario Courts website looking for the info. Caveat - it's family law-focused and, in a lawyerly manner, I make no representations about the completeness or accuracy of the content. I just think it's a much-needed resource and I wish there was one for the civil side (or, even better, that there was one consistent and consolidated set of rules).

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