Maclaren Corlett (Lawyers Est. 1873)

Congratulations Megan Fife

As we welcome Megan Fife back from her maternity leave, it is with the greatest pleasure that we welcome her back in the capacity of Partner in the law firm of Maclaren Corlett LLP.

Congratulations Megan!…

Buying or Selling a Home? Helpful Hints for Courteous Conveyancing from a Real Estate Lawyer – Part 1

Whether you are buying or selling your first home or your fifth home, you can be overwhelmed by the process involved in a real estate conveyance.  The general principals will remain the same for each transaction you are involved in.  However, your experience can vary considerably depending on what speed bumps pop up in the road.  So how can you avoid those speed bumps that might slow down or derail your real estate transaction?  Here are some helpful hints from …

Bemoaning Instant Gratification – Legally Speaking

I am not really sure whether this is a blog, a complaint, advice, a lecture or something entirely different.  In any event, it is an opportunity for me to share my thoughts in an informal way.

Here is the common scenario:  you have a question, you pull out your favorite electronic device, you go to your pet search engine, you type in the question and immediately receive numerous answers, often phrased in similar ways.  We then tend to adopt the …

Government Consultations – Use it or Lose it

The Canadian Government frequently gives industry and the public an opportunity to have input into proposed changes in policy, regulations or legislation.  This “consultation period” is an invaluable opportunity for those of us outside the government realm to share views and opinions with them.  Too often these opportunities are viewed as a waste of time and the position is taken that the government has already made up its mind as to what it is going to do, so why bother!  …

Canada is Not the 51st State

It is not uncommon for some Canadians to become annoyed at Americans who tend to view Canada as the 51st State.  What is actually more annoying, is when Canadian journalists also do so, and in such a manner as to make it appear as though certain deficiencies in a US regulatory system are actually deficiencies in Canada. This recurring theme has again been niggling away at me since I read an article in the Globe and Mail on August 15, …

Health Canada’s Self Care Products Consultations

As many of you may know Health Canada is holding consultations with a view to the possibility of changing the regulatory procedures surrounding self care products which are more traditionally known as cosmetics, natural health products, over the counter drugs and, in some instances, foods.  The concept is to administer the regulatory regime surrounding these products on the basis of risk, i.e. lower risk, medium risk and higher risk.  So far as most consumers are concerned, their highest consumption would …

Health Canada Modernizing Self Care Product Regulation

Self care products are essentially what we know as cosmetics, natural health products, non-prescription drugs and some foods.  Currently these are classified and regulated in Canada by virtue of definitions as to what they do or profess to do.  Health Canada has recently undertaken public consultation on the possibility of moving their regulation to a risk based approach rather than relying upon the traditional definitions.

These consultations surround a discussion on possibly creating three categories, namely low risk, medium risk …

Misleading Advertising…Misleading Complaints About Advertising

Virtually everyone thinks of misleading advertising as originating only with a manufacturer or seller of a product and designed to deceive the public into buying their wares.  However, I have a more expansive view.

A company has to comply with numerous pieces of consumer protection legislation at both the federal and provincial level and, if it is a regulated product, will also have to comply with the specific legislation governing that product or category of products.  Claims must be true …

The Exercise of Common Sense

I have a few sayings. That doesn’t mean that they are right or that other people like them, but I do and I use them when I can.  One of my most favourtie sayings is “95% of the practice of law is the exercise of common sense.”  Granted, the common sense exercised by a lawyer is coupled with his or her legal training and background, but it still comes down to common sense.

When giving advice to my clients, it …

Computation of Time (Rule 5) in the Supreme Court of Canada

At any level of Court, service and filing deadlines loom.  Calculating those deadlines is one of the most important and sometimes one of the most confusing tasks to be completed.  Include the day of the first event but exclude the day of the second event…or is it the other way around?  At the Supreme Court of Canada calculating deadlines is just as important and perhaps just as befuddling.

Missing a deadline for filing an Application for Leave to Appeal to …