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Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Canadian Appeals Monitor 2. Timely Disclosure 3. NSRLP 4. Official Clio Blog 5. McElroy Law Blog

Canadian Appeals Monitor
Tracing the Limits of Auditors’ Liability Post-Livent: the Ontario Court of Appeal Considers an Auditor’s Duty to Third Parties in Lavender v. Miller Bernstein LLP

In Lavender v. Miller Bernstein LLP [1], the Ontario Court of Appeal has overturned a lower court decision that imposed liability on an auditor for losses suffered by its client’s clients as a result of a negligently performed audit. In reaching this result, the Court of Appeal applied guidance from the Supreme Court of Canada’s recent decision in Deloitte & Touche v. Livent Inc. (Receiver of) [2] for recognizing novel duties of care in the context of auditor’s negligence claims. As the outcome in Lavender illustrates, the principles articulated in Livent set a high bar for establishing that an auditor owes a duty of care to a party other than its own client, and in that way will serve to guard against the spectre of indeterminate liability. …

Timely Disclosure
BCSC Proposes Electronic Filing of Annual Reports of Exempt Distributions

The British Columbia Securities Commission (BCSC) published proposed amendments (Proposed Amendments) to British Columbia Instrument 13-502 Electronic Filing of Reports of Exempt Distribution that would require investment fund issuers to use BCSC eServices when submitting Form 45-106F1s filed on an annual basis …

NSRLP
Crazy, Uncontrolled, Bad: How Serena Williams was Punished

The world was riveted by the conflict that descended on the US Women’s Tennis Final on Saturday night. Subsequent days have produced an outpouring of argument over the behaviour of Serena Williams, who was competing for the coveted title against Naomi Osaka. Williams lost after a series of code violations were called against her by the chair umpire, violations that are rarely called (almost never against male players), and which culminated in a forfeited game at a crucial time in the second, deciding set. …

Official Clio Blog
9 Security Tips for Mac-Using Attorneys

For modern law firms, data security is paramount. To keep client and firm data secure, lawyers need take careful precautions and create thoughtful security policies—and it doesn’t matter whether they’re on a PC or a Mac. Below are 9 tips to increase security on your Macs, shared with me by our Principal Systems Administrator at GlobalMac IT, Tobias Morrison. These apply whether you’re a solo attorney or large team of Mac-wielding attorneys and support staff. …

McElroy Law Blog
Indigenous People and the Criminal Justice System: A Book Review

When the Truth and Reconciliation (TRC) released its report in 2015, there were a number of items that centred on the criminal justice system and the over-representation of Indigenous people in courts and jails. The TRC identified a lack of sensitivity amongst lawyers working with residential school Survivors, which in some cases resulted in inadequate legal services. They included two calls to action for lawyers …

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*Randomness here is created by Random.org and its list randomizing function.

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