Malini Vijaykumar

Charting Your Course: Mapping Legal Suite Permit Timelines! Get ahead of the curve with our insider's guide to legal suite permits in Edmonton! 🏠 Explore the streamlined process and discover how you can transform your property in record time. Join us and learn how to navigate the system like a pro!    El-Ray Noble Varshit Patel #LegalSuitePermits #Edmonton #Empowerment

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Litigating a legal dispute can very costly. This episode of the Lydiard Law podcast gives you some alternative options. Alternative ways to resolve costly legal disputes

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The Chief Justice of the Federal Court in Fang v. Canada [2024 FC 671] held that failure to provide an opportunity to respond to the extrinsic evidence does not "always" give rise to procedural fairness concerns. The jurisprudence has two approaches: 1. Novel and Significant Approach: Procedural fairness concerns would not arise unless the evidence is "novel and significant” – i.e. it could not have been reasonably anticipated and affected the disposition of the case. 2. Contextual Approach: This includes a consideration of the decision and the possible impact of the evidence on the decision. Paras reiterated below: [8] The consideration of extrinsic evidence does not always give rise to procedural fairness concerns where the person in question is not provided with an opportunity to respond. Under one line of this Court’s jurisprudence, procedural fairness concerns would not arise unless the evidence is "novel and significant,” in the sense that it could not have been reasonably anticipated and affected the disposition of the case. Under a second line of the Court’s jurisprudence, the Court has adopted a more contextual approach that includes a consideration of the decision and the possible impact of the evidence on the decision: Harripersaud v Canada (Citizenship and Immigration), 2022 FC 1368, at paras 50-63. [9] Under either approach, the Officer did not err by considering the 2011 article without providing Mr. Fang with an opportunity to respond. [10] This is because the critical information contained in the passage reproduced at paragraph 6 above was available in the national documentation package (“NDP”). Specifically, one of the documents in the NDP states: “As long as one still holds Chinese citizenship, s/he can easily reactivate the hukou in the original place after returning.” (See the quote spanning pages 224 and 225 of the CTR.) Accordingly, Mr. Fang ought to have been well aware of this information when he stated that his hukou had long since disappeared and/or expired, and that he would thereby encounter significant hardship upon his return to China. [11] Although the information referenced by the Officer in the passage quoted above was significant in the context of the Decision as a whole, there was nothing “novel” about it, because it was publicly available in the NDP. [12] This was also important context for the purposes of the contextual approach. [13] Accordingly, under either the “novel and significant” approach, or the “contextual” approach, the Officer did not err in considering the 2011 document discussed above. [Link to judgment in comments]

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🔒 Unlock the Power of Texts & Annotations on Westlaw Canada! Join us for a 30-minute session and discover how to effectively navigate, utilize, and leverage secondary resources to enhance your legal research and practice. Gain essential skills to access valuable information quickly and efficiently from Westlaw's comprehensive secondary source library. Register now! https://loom.ly/0rcvCSg #TorontoLaw #TLA #ThomsonReuters #Westlaw #CPD #LegalResearch

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In May 2024, Quebec's Court of Appeal tackled the ambiguity surrounding an Earnout provision linked to a share purchase transaction. The key dispute centered around the interpretation of a crucial sentence in the Earnout Agreement. The Court clarified that the term "conditional" did not imply an obligation where non-compliance would result in the extinguishment of the duty to pay the Earnout Amount. Instead, it was established that failing to meet the specified financial ratios would only delay the payment of the Adjusted Earnout Amount without nullifying the debt. Aro inc. c. Polard (C.A., 2024-05-01), 2024 QCCA 546 sheds light on this nuanced legal perspective.

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Explore our newest resource designed to improve access to Newfoundland case law from 1949-1970. The Law Society Law Library has curated detailed indexes featuring digitized copies of NL cases, including many unpublished materials. Access to databases such as Westlaw or Quicklaw is available exclusively to Law Society members, while open-access platforms like CanLII or BAILII are freely accessible online. Discover more and dive into Newfoundland's legal history at the link provided. https://lnkd.in/enYAUeXY #Newfoundlandlegalhistory #Newfoundlandcaselaw #legalhistory

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Time is money, and we save you both. Whether you run a solo law practice, a law firm, or an in-house legal department, connect with one of our pre-vetted Canadian freelance lawyers for high-level short-term remote assistance or ongoing support. From litigation strategy, complex drafting and legal research to contract review and transactional assistance and more, delegate any aspect of a client’s file with confidence, and free up your time for other meaningful pursuits. Try us out – you have nothing to lose and everything to gain. ___________________________ We are FlexLegal, A Canadian network of experienced Freelance Lawyers who assist firms with high-level project assistance or ongoing support. Balance your legal practice with our flexible solutions. Hire Us Save money, time, and stress. Visit www.flexlegalnetwork.com #savetime #savemoney #savetimeandmoney #flexlegal #freelancelawyers #canadianlawyers #worklifebalance #legalprofessionals #law #canadianlaw #freelance #lawyers #lawfirms #canadianlawfirms #growyourpractice #lawpractice #lawfirmgoals #lawfirmlife

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What changes does Bill C-59 bring to Canada’s Competition Act? In our latest bulletin, we take a look at the additional set of changes to the Competition Act with the passing of Bill C-59, including how it –     expands the merger notification requirements and changes the merger review process; –     revises the interim injunction provisions to prohibit parties from closing a merger until the Competition Tribunal has disposed of an interim injunction application by the Commissioner of Competition; –     add new civil provisions imposing requirements for certain types of environmental claims and create a new clearance mechanism for environmental collaborations; –     expands the scope of private litigation; and –     introduces a power to prohibit a broader set of anti-competitive agreements with monetary penalties. Read the bulletin: https://lnkd.in/gT5wwtuY #CompetitionAtDavies #CompetitionLaw #BillC59 #CanadianLaw #LegalNew #RegulatoryChanges

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"Nobody taught us this stuff". This is something I hear from small business owners every week. My signature program, the Canadian Online Legal Template Library, was created to not only address the knowledge gap but also give business owners the legal tools to take action. Click here to learn more - https://lnkd.in/eXZESNs7 #canada #legal #legaltemplates #coachingbusiness #contentcreation #digitalamarketing #trainingonline #smallbusinessowners

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Best Lawyers has released the first edition of Best Law Firms - Canada, and we're honoured to be recognized across 26 practice areas! Learn more about the methodology and rankings here:  #BestLawyers #LernersLeaders

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In October, we saw 62 lawyers make a move in the market, with 95% making a lateral move. This is a slight drop from September, but the data indicates that there is still hiring going on across the province.   Here’s a snapshot: ♦ Litigation remains the busiest practice area. Wills & estates and family law have seen a considerable uptick lately. Commercial litigation lawyers have lots of options to choose from right now. ♦ Banking and financial services continues to be in demand. If you’re a mid-level or a senior lawyer considering your options, now is the perfect time to explore. ♦ Corporate (M&A, securities) remains slow. We have seen little movement in this space, but we do anticipate an increase in 2025. ♦ 2022 and 2019 calls continue to be the most active years of call in BC. As we head into the end of 2024, now would be a great time to plan your potential move for the new year.   While the in-house market has slowed down a bit, we are still seeing a lot of activity in private practice across all practice groups. With just over six weeks until the end of 2024, do you have a plan heading into 2025? Connect with Trevin Sewell ([email protected]) to discuss your legal career options in BC. #LegalRecruitment #BCLawyers #VancouverLawyers cc: Beth Mountford, Lameck Kefela, Warren Smith, Jeremiah Hunter

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October 10 is World Mental Health Day. Today, SABA Toronto acknowledges the critical importance of promoting mental health for the legal profession. We urge all employers – law firms, legal clinics, government, public interest organizations, private and public businesses, among others - to engage in critical, open discussions on this topic and to cultivate environments where lawyers facing mental health challenges can address them without fear of judgment or jeopardy. Our profession is strengthened when lawyers are empowered to take necessary steps for their well-being.

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Those in the healthcare and social services space in Quebec should know about their new statutory obligations starting as of July 1, 2024 => Here is the scoop As of July 1, 2024, most of the obligations in the Act respecting health and social services information have come into effect (containing comprehensive #privacy obligations). ✅ Here are key highlights: 1️⃣ => Health and social services information (HSSI) is defined broadly (such as a person’s physical or mental health, medical history, biological material, health services or social services provided to a person, etc) 2️⃣ =>  You have specific governance requirements such as implementing safeguards, managing consent, performing privacy impact assessments, keeping logs of all accesses to HSSI, and more. 3️⃣ => Entities that provide services to HSS bodies must have written agreements in place with prescribed data protection terms The sanctions can also be pretty significant, ranging from $1,000 to $150,000, depending on who committed the offence and its nature. ✅ Bottom line: If you are in the #health and #socialservices space and subject to this Act, you should take the proper measures to comply with this Act. Good luck! #dataprotection #healthcare #quebec

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The saga continues as the Law Society of BC and the Trial Lawyers Association pursue litigation over the amendments to the Legal Professions Act.    On July 17, the BC Supreme Court dismissed their request to suspend the amendments, stating the application was premature. Justice Gropper acknowledged serious issues need to be addressed but emphasized the importance of completing the transitional planning process first, as it may affect the final provisions.    The court also noted that the transitional provisions support public good, promoting reconciliation and #accesstojustice.    The Law Society and Trial Lawyers will continue their litigation on the constitutional issues.    Read the full decision, linked in the comments. And stay tuned for more updates!    #FamilyLaw #BCLegal #LegalUpdate

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