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The Missing Link: Supreme Court of Canada Weighs in on Hyperlinking

The Supreme Court of Canada (SCC) has weighed in on a very contentious and important issue in Internet law, known as hyperlinking.  A hyperlink is a word, phrase, or image that a computer user clicks on, taking the user to a new document altogether, or to a new section within the current document the user [...]

BC ruling may affect Corporate Tax Planning

A recent Court of Appeal decision from British Columbia may have devastating consequences for businesses engaged in corporate tax planning and asset protection. In Abakhan & Associates Inc. v. Braydon Investments Ltd. (“Braydon“), the Court of Appeal held that any transfer of assets made with a view to protecting such assets from current and/or future creditors might [...]

Spousal Support in Canada

In Canadian Family Law, spousal support is available for married spouses and common law partners. The two main purposes of spousal support are: the need for one party to receive support; and compensation for sacrifices in earning power made during the relationship. There are some difficulties when determining the quantum of  spousal support. Specifically, it is important to note that spousal [...]

Federal Government makes changes to Immigration funding in Manitoba

The federal government is taking big steps to take back control over immigration in Manitoba.  Newcomers already in Manitoba and future immigrants will be affected. The first big change is to settlement services.  The federal government has been transferring approximately $36 million each year to Manitoba to pay for settlement services for immigrants, such as language training, [...]

Preventative Maintenance and Documentary Disclosure

When an individual or any organization becomes involved in a dispute or a potential dispute, it is important to remember that all relevant evidence needs to be preserved.  Under Court rules, both sides have an obligation to disclose all relevant documents to the other.  “Documents” are defined very broadly and include any information recorded or stored by [...]

POTENTIAL PROBLEMS FOR LENDERS USING “ALL OBLIGATIONS MORTGAGES”

An “All Obligations” mortgage is one which, by its terms, secures all of the mortgagor’s present and future obligations of all types, from time to time owed to the mortgagee, limited at any one time to the maximum principal or face amount stated in the mortgage.  This type of mortgage has become increasingly popular with [...]

You Inherit, They Tax

If you are contemplating your estate plan and concerned with issues that will affect the legacy you leave to your loved ones, you should read the Winnipeg Free Press article by Joel Schlesinger in the Money Matters column on March 24th, 2012 in which I was interviewed. To view a copy of the article, click here.

Internet cached webpages: What are they and how can you deal with them?

During the course of my practice I’m often asked to provide social media law advice, typically to organizations or individuals who want defamatory, proprietary or privacy invasive content removed from the Internet.  Once content has been successfully removed from a website I often discuss with clients issues related to Internet cached webpages.  So I thought it would be helpful to provide some general information [...]

Brian Bowman Interview with Maritime Morning — Weekend Edition News 95.7 // News 88.9 // News 91.9

Brian Bowman recently had an interview with Erin Trassord of Maritime Morning, a local radio station in Halifax, regarding Google’s new Privacy Policy.  To listen, click here

Workplace Harassment Liability for Employers

Employers in Manitoba may not be aware of recent amendments to regulations to the Workplace Safety and Health Act (the “Act”) which place a number of strict duties on employers relating to the creation, maintenance and enforcement of certain workplace policies.  The protection of workers in their employment remains one of the key purposes of the Act.  [...]