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Issue 59 | September 2019


This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
Register today to save: LIANS & NSBS November 7th annual conference!

Join us Thursday, November 7th, 2019 for the LIANS & NSBS Solo and Small Firm annual conference from 9am to 4pm at the Hotel Halifax!

Early rate: $225+HST
(after Oct 30th: $275+HST)

Sessions may be eligible as CPD hours ...

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Beware of settlements subject to GST/HST

We do not see a lot of tax related claims but this recent decision of the Tax Court of Canada caught our attention.

If your client receives a damage award under certain circumstances, it may be deemed to include GST (or HST as the case may be) and unless you have negotiated the settlement or otherwise recovered an additional amount in the settlement for the tax, your client may end up having to pay it out of their settlement ...

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Calling all mentors!

Do you have a minimum of nine years of experience and are interested in volunteering your time to provide support and guidance to another member?

LIANS is currently seeking mentors of all backgrounds for its Mentorship Program, specifically in the areas of Family law, Corporate/Commercial, Wills and Estates, and Criminal law ...

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Privilege at the borders: Travelling with a client

When lawyers are travelling to foreign countries, be it personal or for business, there is always the possibility of a border agent examining an electronic device they may be carrying. Another issue that could undermine the steps you as a lawyer take to protect privileged information when you travel to another country, is your client travelling with a phone or laptop, perhaps with you to a meeting, and that the phone or laptop becomes subject to a search ...

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Beyond the scope: Resources for drafting an LSR agreement

More and more lawyers are performing work on a limited scope retainer (LSR) or ‘unbundled’ basis – namely performing only a portion or specific aspects of the work on a larger legal matter.

The approach can force clients to make decisions on legal matters with which they are unfamiliar – while doing so from within an unfamiliar system. Resources to manage these risks include ...

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NSLAP WELLNESS: How to Restore Trust in Your Relationship

Although it is expected that both partners committing in an intimate relationship will be sexually faithful to each other, extra-marital affairs do happen.

For a partner, knowledge of their mate's infidelity is a terrible emotional blow. For the other one, guilt and shame may be the dominant emotions. The following strategies help couples rebuild trust and renew their commitment to each other ...

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Remove hidden personal data (metadata) from Word documents

Yes, technology makes business easier. However, it also comes with hidden risks.

Documents contain metadata. It is possible to remove this potentially privacy-compromising data from Microsoft Word documents. Before sharing electronic copies of files, remove hidden data or personal information that may be stored in the document or the document properties ...

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Space invaders: Condominium parking arrangements

When acting for a purchaser of a condominium unit, whether in an existing or a new condominium, it is incumbent on the lawyer to review and explain to the purchaser the nature of the condo's parking arrangements. 

Whether parking is a separately deeded unit; an exclusive use common element designated in the Condominium Declaration; or designated by the Board of Directors, be sure your client is clear ...

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Subscribe to legislation and decison updates from CanLII

CanLII (an open access database for Canadian legislation and case law) offers a comprehensive list of RSS feeds for decisions and legislation from federal and provincial courts and tribunals.

Here's how to receive automatic updates ...

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