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Archive for ‘Administration of Slaw’

Be Careful When Drafting Termination Clauses

That’s the lesson from a recent Ontario Superior Court case.

The plaintiff was hired by the defendant on November 28, 2005 for the position of full-time receptionist and was promoted to the position of Executive Assistant in 2008 at an annual salary of $36,000. Her employment was terminated on November 28, 2008 at which time she was presented with a severance package that provided, in part as follows:

You will receive an additional five months pay in lieu of notice of termination as per our obligations under the Employment Standards Act of Ontario.


The Employment Standards Act would have . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

Firm Guest Blogger: Borden Ladner Gervais

Our firm guest blogger this month is Borden Ladner Gervais LLP, who have kindly provided us with this firm profile:

At Borden Ladner Gervais LLP (BLG), It Begins With Service.

BLG is a leading, full-service, integrated national law firm focusing on business law, litigation and intellectual property solutions for our clients. With more than 750 lawyers, intellectual property agents and other professionals in Calgary, Montreal, Ottawa, Toronto, Vancouver and Waterloo Region, clients turn to us for assistance with their legal needs, from major litigation to corporate finance and patent registration.

Our goal at BLG is to provide our clients with

. . . [more]
Posted in: Administration of Slaw, Firm Guest Blogger

Dan Michaluk

I’m very pleased indeed to announce that Dan Michaluk has joined us at Slaw and will be contributing on a regular basis.

Dan is a Toronto lawyer who works at the management-side employment law boutique firm Hicks Morley. Dan is known at Hicks for taking a four-year surfing sojourn after his articles and says he’s given up trying to explain that he actually did do some meaningful work in business and technology in his years away from the practice. Back at Hicks since 2003, Dan now represents management in a wide-range of matters, but does a significant amount of work . . . [more]

Posted in: Administration of Slaw

Comment Milestone for Slaw

Congratulations to Connie Crosby for penning the 6000th comment for Slaw. I haven’t done any real analysis, but if we assume conservatively that each comment consists of only 50 words, that totals to 300,000 words our readers have written. And if a novel comes in at 50,000 words, say, that means you’ve written six novels in four years — not a bad rate at all. Keep up the good work, please. . . . [more]

Posted in: Administration of Slaw

Civic Holiday Today

Slaw will be quieter than usual today: it’s the August civic holiday here in most of Canada, which, as befits our particular federation, goes by various names across the land —

Alberta (Heritage Day)
British Columbia (British Columbia Day)
Manitoba (Civic Holiday)
New Brunswick (New Brunswick Day)
Northwest Territories (Civic Holiday)
Nova Scotia (Natal Day)
Nunavut (Civic Holiday)
Ontario (John Galt Day + Simcoe Day + others)
Prince Edward Island (Natal Day)
Saskatchewan (Saskatchewan Day)

[source: Wikipedia]

— or is not celebrated at all, as in Newfoundland & Labrador, Quebec, and Yukon. . . . [more]

Posted in: Administration of Slaw

Change Ahead at Heenan Blaikie

Wrapping up a week of Guest Blogging from Heenan Blaikie lawyers across the country, we’re going to end by focusing on big changes at Heenan Blaikie’s Toronto offices.

After nineteen years at Royal Bank Plaza, the firm is moving 400 metres up Bay Street to the new Bay Adelaide Centre.

The move presents all sorts of practical and logistical challenges. Soon to join us at Bay Adelaide will be Goodmans and Faskens. They’ll be watching carefully to see how we move the Library. Physically packing and transporting an entire law library is not a trivial undertaking. Here is a . . . [more]

Posted in: Firm Guest Blogger, Legal Information, Practice of Law, Practice of Law: Practice Management, Technology

Have I Heard That Song Before?

Sometimes new law is very old. According to the OED, the term plagiarism was first applied to music in the Monthly Magazine of 1797, when a composition was described as “the most flagrant plagiarism from Handel” (The Imaginary Museum of Musical Works by Lydia Goehr, OUP). Since then a pantheon of musicians have been accused of lifting melodies – from Jerome Kern (Fred Fisher Inc. v. Dillingham, 298 F. 145, 1924.), George Harrison (My Sweet Lord costs over half a million 1981 dollars to settle: Bright Tunes Music Corp. v. Harrisongs, 420 F. Supp. 177 (S.D.N.Y. 1976)), Mick Jagger (co-author . . . [more]

Posted in: Firm Guest Blogger, Legal Information, Substantive Law, Substantive Law: Judicial Decisions

Wired Lawyers

This week, the entertainment group at Heenan Blaikie has been commenting on various developments in the sector. But I thought it might be fun to ask how media and entertainment lawyers use the new media.

So I asked the group:

What sites are on your bookmarks, that you check daily or that you get email updates from or RSS feeds?

What are the must reads for clients? Does everyone read Variety or Hollywood Reporter? Is there an electronic equivalent?

Do you or your clients use social media? Facebook? MySpace? Linkedin? Legalonramp? Twitter? Follow any blogs? Contribute to any blogs? Or

. . . [more]
Posted in: Firm Guest Blogger, Legal Information, Legal Information: Libraries & Research, Substantive Law

Farewell to Their Lordships

Courtesy of my friend and partner, Subrata Bhattacharjee, today is the last sitting of the Judicial Committee of the House of Lords (you can watch the feed here. So farewell to a court that has provided a vast range of legal judgments from Attwood v. Small in 1838, through Rylands and Fletcher, through M’ALISTER or DONOGHUE (Pauper) v. STEVENSON. In October, a Supreme Court will start sitting to hear appellate matters.

In this Guest Week on Media and Entertainment law at Slaw, it only seems fitting that they’ll spend part of the last day on pop . . . [more]

Posted in: Firm Guest Blogger, Legal Information, Miscellaneous, Substantive Law, Substantive Law: Judicial Decisions

Co-Producing Films in Canada – the Basics



In today’s financing climate, where pre-sales are more difficult than ever to attract and GAP financing requires two or three times coverage, the holy grail of many independent producers has become “soft money”- funds which are generated by means other than sales of a product, such as tax credits, government subsidies and equity investments. Canadians have become very good at chasing soft money, and that’s why Canadians are tops in co-producing.

In the context of reduced financing sources, it stands to reason that if accessing soft money in one country is good, then accessing soft monies from . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

Lights, Camera… Insurance!

and by Michael Spanier

One of the most important aspects of film and television production is the clearance procedure. A little known fact about entertainment lawyers is that we spend much (okay…some… well, precious little actually) of our day in our offices watching movies. Or cartoons. Or television shows. All in the name of “E&O Clearance Procedures.”

The importance of ensuring that a production is clear from an errors and omissions perspective cannot be emphasized enough. From the day a producer acquires the rights to a script, an underlying novel or a real-life story, the E&O journey begins. Every single . . . [more]

Posted in: Firm Guest Blogger, Practice of Law, Substantive Law

Eady J, Paparazzi and Privacy

Celebrities thrive on the oxygen of publicity. As Wilde put it, “there is only one thing in the world worse than being talked about, and that is not being talked about”. Between the tabloids and the celebrities, goes on a complex galliard of hunt and court. . . . [more]

Posted in: Firm Guest Blogger, Legal Information, Substantive Law, Substantive Law: Judicial Decisions