Monthly Archives: May 2013

Wills Variation under WESA

As we have previously mentioned, the Wills, Estates and Succession Act (“WESA”) comes into force on March 31, 2014. WESA will repeal and replace the Estate Administration Act, the Probate Recognition Act, the Wills Act, and the Wills Variation Act (the “WVA”).

The WVA allows a spouse or child of the deceased make a claim on the basis that the deceased’s Will did not make “make adequate provision for the proper maintenance and support” of him or her. With WESA just around the corner, you might ask: what effect will the new legislation have on wills variation claims?

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Clark Wilson LLP welcomes Gordon Behan and Cassandra Drake

Clark Wilson LLP is pleased to welcome Gordon Behan and Cassandra Drake as associates in our Litigation Department. Gordon will practice in the areas of estate & trust litigation, business litigation, construction and insurance. Cassandra will practice in the areas of business litigation, insurance and employment. Both were called to the Bar of British Columbia in May 2013.

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Federal Court Upholds Hiring of Temporary Foreign Workers

By Heather Hettiarachchi

In a decision issued on May 21, 2013 in Construction and Specialized Workers’ Union, Local 1611 v. Canada (Minister of Citizenship and Immigration), the Federal Court of Canada has dismissed a union challenge to the hiring of 201 foreign nationals by a Canadian mining company.

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ILN Today Post

Greek tragedy

English law works on the basis of precedent – previous judgments are relied on to work out what the law is on any particular issue. So what happens when, over the years, there are more and more judgments on an issue, each giving an interpretation of slightly different wording?

Sometimes a judgment includes statements which could be seen as having a wider application than the document in dispute, which will then be taken as a precedent in future cases. This can add up to a heavy burden of case law, difficult for lawyers to deal with, never mind businessmen, who are only interested in recording the deal they have agreed. More…

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ILN Today Post

London as a seat for international arbitration?

Arbitration is the most popular alternative to litigation. This is because arbitration awards are binding and enforceable.

Other forms of alternative dispute mechanism include negotiation, mediation, conciliation and adjudication. It is possible to tailor these mechanisms to suit an individual contract. More…

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Ohio Statehouse Update: This Week in Ohio — May 24, 2013

House Majority Floor Leader Barbara Sears (R- Sylvania) unveiled legislation this week that would expand Medicaid coverage to childless adults under 138 percent of the federal poverty line—a move that Governor Kasich attempted in his biennial budget.

Under the Affordable Care Act, the full cost of the expansion would be covered by the federal government for three years with the federal share phasing down to 90 percent thereafter. Sears’ bill includes a provision that would cease to cover the new population should the federal share be further reduced in the future—a concern many Republican legislators share.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — May 24, 2013

No story dominated coverage in D.C. this week like the House hearings on the IRS targeting of conservative groups did. The House Oversight and Government Reform Committee, chaired by California Republican Darell Issa, held three days of hearings. IRS officials came under blistering criticism from both Republicans and Democrats on the committee.

Lois Lerner, the IRS official at the center of this storm, invoked her Fifth Amendment right not to testify, but before she did insisted she had done nothing wrong:

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No Secondary Market Cause of Action for Prospectus Mispresentation.

In a recent decision, the Ontario Superior Court of Justice confirmed that section 130(1) of the Ontario Securities Act (the “Act”) does not provide a statutory cause of action and remedies to purchasers of securities in the secondary market.

In the case of Tucci v. Smart Technologies Inc. (114 O.R.) 3d at 294, the plaintiff, Tucci, brought a proposed class action for damages pursuant to section 130 of the Act. He brought a motion to certify the action as a class proceeding. Except for the contested issue which involved the interpretation of section 130(1) of the Act, the defendants consented to the certification of the action.

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Retailers Facing Employment Law Vulnerabilities, an interview with EBG attorneys, as appeared in Corporate Counsel

In an article written by Corporate Counsel’s Shannon Green published on May 23, 2013,   Epstein Becker Green labor and employment attorneys, Jeffrey M. Landes and Susan Gross Sholinsky, were interviewed concerning the legal issues that retail industry employers are currently facing.      The interview followed a retail executive roundtable held in EBG’s New York office on May 21, 2013.    

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Exercise Gym Instructor Enjoined By Non-Compete Agreement

Saylavee, LLC v. Hunt demonstrates the willingness of Connecticut courts to enforce restrictive covenants that are reasonable in length of time and geographic scope.

The defendant Rhonda Hunt worked as an exercise instructor for an exercise studio called Bodyfit, with whom she signed an agreement restricting her for two-years from becoming involved as an employee “in any business which engages in the same or similar business of the company or otherwise competes with the business of the company within a ten mile radius of any exercise studio owned and operated by the company.” Hunt acknowledged in the agreement that she was capable of earning a living in a field for which she was qualified without violating the terms of the covenants. The agreement also addresses protected trade secrets and provides for equitable relief without the necessity of proving irreparable harm or the inadequacy of money damages.

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