Publications

The firm publishes specialized materials for the use of clients and others with an interest in particular areas of law. Please feel free to read those materials, grouped in the area on the right. However, before you do please read and make sure you understand our Terms of Use and the copyright restrictions for this site.

RSS
Search
Description

Laura Stairs Head ShotA lawsuit filed by eight Filipino migrant workers against a job recruiter and a farm in Ontario casts light on how easy it is for vulnerable people to be tricked into paying for jobs and denied the protections provided by Canadian law, says Windsor, Ont., corporate and immigration lawyer  Laura Stairs.

The Toronto Star reports eight seasonal agricultural workers are suing a Toronto-based company and a farm in East Gwillimbury, Ont., alleging they were charged thousands of dollars in fees for legal advice and Labour Market Impact Assessments (LMIA), which are prerequisites for obtaining most work permits, before being sent to work at the farm. In small claims court, the workers — who say they never received the work permits and admit they worked illegally on visitor visas — are seeking to have the money they paid refunded.

Stairs, an associate with Shibley Righton LLP, says it is important for all foreign workers to know that it is employers’ responsibility to conduct and pay for LMIA applications. These documents are required by the Canadian government to prove there is a need to bring in a foreign worker because there is no Canadian to do the job and employers are not permitted to pass these costs on to workers, she says.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-06-20
Description

Deborah Howden Head ShotA recent Supreme Court of Canada (SCC) ruling clarifies the boundary between what constitutes incivility in a courtroom and strong legal advocacy, Toronto employment lawyer Deborah Howden tells AdvocateDaily.com.

The Law Society of Ontario (LSO) launched a proceeding against Toronto securities lawyer Joseph Groia 2007 for professional misconduct in court while successfully defending a client in a lengthy and complex fraud trial. The lawyer was cited by the law society for attacking Ontario Security Commission prosecutors both professionally and personally.

The lawyer received a $200,000 fine, a one-month suspension and ordered to pay about $2 million in legal fees in 2012.

He challenged the decision but it was upheld by the Divisional Court and the Court of Appeal until the Supreme Court of Canada overruled the LSO in a 6-3 judgment this year. The majority found that while the LSO retains the ability to determine whether courtroom behaviour can amount to professional misconduct, lawyers are also bound to fearlessly advocate for their clients, Howden says.

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story.

Date_Published
2018-06-19
Description

Marlin Horst head shotSandbagging reflects poorly on all parties to a transaction, Toronto corporate lawyer Marlin Horst tells AdvocateDaily.com.

Horst, a partner with Shibley Righton LLP, explains that the practice arises in mergers and acquisitions when a buyer becomes aware that the seller will be unable to meet all the representations and warranties made in the agreement.

That allows the purchaser to close the deal with the intention of later suing the vendor in court for damages related to the known deficiencies since contracts normally provide indemnities for buyers in the event promises can’t be met.

Horst says examples of sandbagging are relatively rare in Canada, but the issue is growing as parties on both sides take the risk of an episode into consideration when completing transactions. Nevertheless, he says the trend is concerning.

“If vendors are making representations and warranties that are not correct, then it means they’re not doing their own internal due diligence properly,” Horst says. “If the buyer discovers something that the vendor itself doesn’t know, it shows a lack of knowledge about their own business.”

This is an excerpt from an article that appeared on AdvocateDaily.com.

Please click here to read the rest of the story
.

Date_Published
2018-06-19
439 New Publication(s) found.
  Page of 147 >

Subscribe

eBulletin Subscribe to our eBulletin via email now  
RSS Feed Subscribe to our RSS Feed now