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For articles by Martin Rosenbaum, B.Com., B.C.L., LL.B. please click here

Articles by Martin Rosenbaum, B. Comm., B.C.L., LL.B.

Gotcha Enforcement: Securities Regulators Gone Wild
by Martin Rosenbaum, B.Com., B.C.L., LL.B.  & Vanessa Ibe

A recent decision of the Ontario Securities Commission highlighted an unfair practice used by the Commission and other regulators – the so-called "gotcha enforcement." Simply put, by this tactic regulators have laid charges against unsuspecting individuals, lawyers and corporations for violating the regulator's unannounced interpretation of a broad general law irrespective of whether or not that interpretation is sustainable or accepted as law.  In the case of Advanced Information Technologies (AiT) and Deborah Weinstein, a director and legal counsel for AiT, charges were laid against the company, Weinstein and Jude Ashe, the chief executive of AiT, for allegedly violating the material change disclosure requirements of the Ontario Securities Act. AiT and Ashe settled the charges out of court. However, Weinstein fought on. Read the entire article.


Security for Costs: Friend or Foe
by Martin Rosenbaum, B.Com., B.C.L., LL.B.

In Ontario, an unsuccessful party in a lawsuit is generally ordered to pay a portion of the successful party's legal expenses. In cases where a claimant is outside Ontario, the Courts in Ontario are concerned that in the event that the claimant is not successful in the lawsuit, there will be no money available in Ontario to pay towards the winner's legal fees. Accordingly, the Courts in Ontario may order the out of province claimant to deposit with the Court money or other acceptable liquid assets to stand as security for costs. Read the entire article.


by Martin Rosenbaum, B.Com., B.C.L., LL.B

In addition to our regular services, we offer structured negotiation and conflict resolution services. Most disputes headed to litigation or already in litigation, could be resolved much earlier and at less cost if the negotiation and conflict management were approached in a specific disciplined manner. Many business negotiations could proceed much more efficiently and effectively if the negotiations were approached in a systematic way. In both situations relationships that would otherwise be destroyed or significantly damaged could be salvaged, maintained or improved. Read the entire article.


MITIGATION: Turning a Job Loss into a Gain
Martin Rosenbaum, B.Com., B.C.L., LL.B.

An employee terminated from his or her employment has a positive obligation to mitigate damages even if he or she has a valid claim for wrongful dismissal. This means that a terminated employee is obligated to make reasonable attempts to find a similar job to the one that was lost. A terminated employee should look for a position requiring similar skills, at a similar status and similar salary to the job that was lost. While it may not be possible to find exactly the same type of position at exactly the same salary, efforts must still be made to find something similar. This rule applies to all forms of wrongful dismissal, including, constructive dismissal and discriminatory dismissal. Read the entire article.


E-Discovery Obligations
by Martin Rosenbaum, B.Com., B.C.L., LL.B.

As soon as litigation is contemplated or threatened, it is essential for all parties and their counsel to go beyond paper file searching, and consider what electronic data and information exists that may need to be disclosed. Rules of Court generally require all parties to litigation to disclose to the other parties all relevant documents, whether the documents are helpful or hurtful to any particular party. Relevance is the test for disclosure. There are a limited number of exemptions to this rule.  Read the entire article.

Commercial List User's Committee:
An Update from the Best Practices Subcommittee

by Martin Rosenbaum, B.Com., B.C.L., LL.B.

The Commercial List is a specialized Commercial Court within the Ontario Superior Court of Justice in Toronto restricted to commercial and insolvency matters. The Commercial List Users' Committee is a committee made up of members of the bench who sit on the Commercial List from time to time, members of the bar who practice regularly before that court nominated by relevant Bar organizations and representatives of the Court administration. The Commercial List Users' Committee meets regularly to consider improvements to the operations and organization of this specialized court. The Users' Committee makes recommendations to the Regional Senior Justice and the Chief Justice of the Ontario Superior Court of Justice. Read the entire article.

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