Monthly Archives: December 2014

BC Court of Appeal Addresses Motor Vehicle Lessor Liability Cap

By Andrew Dixon

Last month, the Court of Appeal released an important judgment concerning the liability limit of motor vehicle lessors for accidents involving their lessees or drivers operating leased vehicles with the lessee’s permission.


In British Columbia, the Motor Vehicle Act makes owners, lessees, and lessors of vehicles vicariously liable for accidents committed by drivers of leased vehicles. While a permitted driver or a lessee is liable for the full extant for any damages flowing from the accident, the Motor Vehicle Act limits the liability of lessors. The limit of liability is prescribed in the section 82.1 of the Insurance (Vehicle) Act (the “IV Act“) at $1 million (the “Lessor Cap”).

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Duty of Good Faith and Honest Performance Extended to All Contracts in Canada

By Warren Brazier with Shauna Towriss

On November 13, 2014, the Supreme Court of Canada updated Canadian common law by extending for the first time the principle of good faith to all contracts. Previously, the duty of good faith existed only in employment and insurance contacts in Canada. The ruling now aligns Canadian common law with Civil Law in Quebec and the law in most U.S. jurisdictions. The Court expects its decision to bring certainty and coherence to this area of law.

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Supreme Court Lowers the Bar for Class Action Removal

Stuart M. GersonOn December 15, 2014, the Supreme Court of the United States decided Dart Cherokee Basin Operating Co. v. Owens, a class action removal case.

In short, the Dart case is welcome news to employers. Standards for removing a case from state to federal court have been an abiding point of concern for employers faced with “home town” class actions. In more recent times, this problem has become a point of interest to employers in health care and other industries that are beset by cybersecurity and data breach cases originating in state courts but calling for the application of federal privacy standards. Dart should help them substantially.

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Rainmaking Recommendation from Jaimie Field: What’s Going to Be Different?

In today’s rainmaking recommendation from expert and coach Jaimie Field, she challenges us to do something different next year, in order to get results.


This is the last Rainmaking Recommendation of the Year. In two weeks we will start a new year. This is when people make promises, usually called resolutions, which they will never keep.

In fact, according to the University of Scranton in the Journal of Clinical Psychology, about 45% of Americans usually make resolutions, but only 8% of all people are successful in reaching their goals. The question is: What’s going to be different this year for you?

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ILN Today Post

JAEPA to commence on 15 January 2015

The stream of announcements continues from Australia’s Minister for Trade and Investment, Andrew Robb with the latest announcement confirming that the Japan-Australia Economic Partnership Agreement (“JAEPA“) will enter into force on January 15 2015.

This follows the exchange of Diplomatic Notes between Australia and Japan on 16 December 2014 confirming the completion of both countries’ domestic processes. More…

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Faldgruber ved beskatning af fri bil

Beskatning af fri bil er en efterhånden meget kendt beskatning. Beskatningen sker på objektivt grundlag og beregnes som en procentandel af bilens værdi. De første 300.000 kr. af en bils værdi medregnes med 25 %, mens en værdi ud over 300.000 kr. medregnes med 20 % i den skattepligtige personlige indkomst. Hertil kommer diverse tillæg.

På linje med visse andre aktiver er der for bilers vedkommende tale om en rådighedsbeskatning.

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RSS welcomes three new lawyers

December 16, 2014 — Three new lawyers recently joined RSS.

Benoît G. Bourgon, a very experienced litigator, has joined the insurance department, just like Gérald Kounadis, who was recently called to the Bar.

David Paradis, also a recent member of the Bar, will work with the litigation and labour groups.

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ILN Today Post


Royal Oak, Michigan, December 16, 2014:  Howard & Howard Attorneys PLLC is pleased to announce that Joseph W. Barber, Seaton J. Curran, Steven W. Hays, Jane S. Hahn, Michael J. Minna, Brandon J. Wilson, and Jacob P. Woolbright have all become shareholders in the firm.

            Joseph W. Barber concentrates his practice in intellectual property matters and complex commercial litigation. He represents his clients in all aspects of their intellectual property protection and enforcement.

            Seaton J. Curran concentrates his practice on intellectual property. He has experience preparing and prosecuting U.S. and foreign patent applications with a focus on mechanical, electrical and computer technologies.  More…

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ILN Today Post


By Leonard Bosschart, LL.B.
On November 7, 2014, in the late afternoon, the Ministry of Finance (Ontario) quietly posted draft regulations under the Estate Administration Tax Act (Ontario) (the “Act”) entitled “Information Required under Section 4.1 of the Act”. The draft regulations are open for consultation and so are not yet in final form. Moreover the forms referred to in the draft regulations have not been released. These are, apparently, still being drafted by the Ministry. Section 4.1 of the Act makes it the duty of every estate representative who makes an application for an estate certificate to give to the Minister of Revenue such information about the deceased as may be prescribed by the Minister of Finance. The draft regulations published on November 7 set out the information that the estate representative will be required to provide the Minister of Revenue and the time frame for doing so. As the draft regulations are subject to comment and, hopefully, revision before they take effect, here are a couple of highlights:  More…

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Martin Côté obtains a favourable decision in a cultural enterprise financing case

December 16, 2014 — Martin Côté successfully represented the Société de développement des entreprises culturelles (SODEC) in a case where it was seeking the repayment of the interim financing of a film production. The film producer had obtained a bank loan guaranty from the SODEC which had arrived at term and was not renewed mainly due to important delays in the film production. Mr. Côté filed a suit on behalf of his client before the Superior Court and obtained a favourable decision.

On December 10, 2014, the Court of Appeal upheld that decision.

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