• 15 May 2014

    The Burden of Proof (4 minute read)

    math formula-2

    At the end of March, I spent five days in court conducting a trial.  I was the lawyer for the Plaintiff, so the “burden of  proof” rested on me (and my client).  In practical terms, that meant that it was my responsibility to prove all the essential elements of my client’s case, on “a balance of probabilities.”  Many people have heard that phrase, but for many people the notion of proof remains somewhat mysterious.  What does it mean to say that something has been proven “on a balance of probabilities”?

    By Salim Hirji Civil Litigation
  • 01 May 2014

    Protect Your Mailing List! (15 minute read)


    Canada’s new “anti-spam” law  (“CASL”) goes into effect on July 1, 2014.  Those of you who use email or text messages to communicate  with customers will need to get consent from the people on your mailing list if you want to keep sending them newsletters, updates, and other messages after July 1.  If you use a mailing list, you need to sit down, clear your desk, and take the next 15 minutes to read this.

    By Salim Hirji General Small Business
  • 25 Apr 2014

    The Ride to Conquer Cancer

    Mack Kirk 2013

    In 2012 and 2013

    , I rode in the BC edition of the Ride to Conquer Cancer. In 2013, I rode with the Mack Kirk Cycling Team.  The picture above is our motley crew, at the end of the ride.

    I decided to skip the ride this year, in order to focus on the creation of my new law office, and spend a bit more time with my family.  But even though I’m not riding, I encourage you to support the event and donate as much as you can afford.

    By Salim Hirji General
  • 23 Apr 2014

    The Foreign Money Claims Act (3 minute read)


    In July 2011, I wrote a short piece that was published in the National Creditor-Debtor Review about collecting foreign currency debts in British Columbia, using a statute called the Foreign Money Claims Act.  The article highlighted some of the concerns that creditors faced between 2008 and 2011,  when the value of the Canadian Dollar dropped by almost 25%, and then rebounded.  You can read the entire article here (starting at page 25).

    Fast forward to April 2014 and it appears that currency markets are relatively volatile once again:  from a high of $1.03 (against the U.S. Dollar) in September 2012, to a low of $0.89 in March of this year.

  • 04 Apr 2014

    Expropriation – Disturbance Damages (3 minute read)


    I’ve had a few calls recently from individuals and companies affected by land acquisitions for large scale public projects.  In some cases, the authority doing the work has expropriated land (or will be expropriating land) and the issue of compensation for “disturbance damages” has come up.  What are “disturbance damages”, and how do you calculate them?

    By Salim Hirji Civil Litigation
  • 07 Mar 2014

    What Should I Bring? (3 minute read)


    In the 7 weeks since I opened Hirji Law Corporation, I have met several new clients.  On a few occasions, people have asked me before our first meeting, “What should I bring with me?” – which is an excellent question, especially if you’re meeting a litigation lawyer for the first time.

    By Salim Hirji Civil Litigation General
  • 18 Feb 2014

    Rates and Relationships (4 Minute Read)

    Watching the Clock

    In an article in the January 18 2014 edition, the Economist reports that the general counsels of many large companies are now finding that they can negotiate discounts on hourly rates when working with large law firms.  Some firms (particularly in the United States) have responded by raising their asking price.

    By Salim Hirji Small Business
  • 31 Jan 2014

    Hryniak v. Mauldin and the Future of the Litigation Process (9 Minute Read)

    A twist in the road?

    The vast majority of civil cases settle before trial.  Most lawyers estimate the number to be higher than 90%.  That is consistent with my own experience, which is that most cases settle through a process of negotiation (sometimes involving mediators, sometimes not) that occurs several months before trial.  2 or 3 times per year, I prepare for trial and the case settles a few days before the trial begins – sometimes the night before.  Once or twice a year, I find myself wearing my robes on a Monday morning, starting a trial.

  • 29 Jan 2014

    A New Small Firm (4 Minute Read)


    Hirji Law Corporation is a new law firm focused on providing litigation advice and representation to your small or medium sized business.  I created the firm out of a desire to provide legal services to small businesses in a more responsive, cost-effective way.

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Welcome to the Hirji Law Corporation Blog – commentary and information about business disputes and the litigation process.

I will be blogging about dispute resolution, negotiation, recent court decisions, and the impact that disputes can have on your business.

This website provides information only, and is not intended to provide or give legal advice, nor is it an offer or invitation for a lawyer-client relationship. You should not rely on the information provided here without first obtaining legal advice from a lawyer in your jurisdiction who understands your situation and represents your interests.