Speed and finality are touted as major benefits of arbitration as a method of resolving international commercial disputes. Provided the process is considered to be fair, parties are generally expected to assume the risk of an arbitrator making a mistake on the facts or the law.
Friday, January 24, 2020 @ 1:53 PM
Securities regulators enhance client-registrant relationship
Grounded in the concept that the interests of the client come first, the Canadian Securities Administrators (CSA) published amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations and its companion policy (together, NI 31-103). The amendments seek to better align the interests of securities advisers, dealers and representatives (registrants) with the interests of their clients and outline the obligations of registrants towards their clients. ... [read more]
Friday, January 24, 2020 @ 11:06 AM
Boilerplate waivers: Do I have the right to sue?
Copy. Paste. Print. Can it be that simple if a business or organization is looking to create a legal contract designed to prevent another party from suing for liability? ... [read more]
Friday, January 24, 2020 @ 9:20 AM
Cyber threat to high net worth individuals growing
Most multimillion-dollar corporations have robust privacy and security programs, or are in the process of developing them to protect their corporate crown jewels. However, as corporate entities are developing sophisticated processes to mitigate against cyberattacks, hackers have discovered another artery through which to get to these precious stones, leaving high net worth individuals (HNWI), their estates and family offices vulnerable to cyberattacks and privacy breaches. ... [read more]
Friday, January 24, 2020 @ 9:06 AM
Sizing up Canadian energy industry
Energy is the power behind humanity, but is seen as a luxury by billions of people who do not have electricity. Crude oil is the world’s primary source of energy and stockpiles are held by countries for national security purposes during an energy crisis, which generally influences foreign policy. ... [read more]
Thursday, January 23, 2020 @ 10:39 AM
U.S. China phase-one trade deal: Stronger China IP regime in making
After almost two years of hostilities, on Jan. 15, 2020, China and the U.S. signed an agreement on a phase-one trade deal easing tensions between the world’s two biggest economies. Intellectual property issues form an important part of the agreement. ... [read more]
Thursday, January 23, 2020 @ 10:13 AM
Good class action defence may lead to strong offence
A defendant fighting a class action will often feel that it cannot afford to leave any stone unturned when presenting evidence to defeat a certification motion. After all, a defendant can rid itself of what may be costly litigation if it can show that there is no “basis in fact” for the existence of an identifiable class, common issues and a suitable representative plaintiff, or if the defendant can demonstrate that a class proceeding would not be the preferable procedure. But can a defendant make a tactical mistake by filing too much evidence on such a motion? A recent Ontario case has answered that question in the affirmative. ... [read more]
Wednesday, January 22, 2020 @ 12:33 PM
What is a household?
Traders General Insurance Company v. Gibson 2019 ONCA 985 clarifies the law with respect to who qualifies as a member of a household, but the analysis remains very fact-driven. One cannot help but anticipate further disputes in this area, given the increasing prevalence of non-traditional living arrangements, particularly in large Canadian cities.
... [read more]
Wednesday, January 22, 2020 @ 12:02 PM
Key employment law cases in 2019
With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. In the first part of this two-part series, we discussed constructive dismissal in Morningstar v. Hospitality Fallsview Holdings Inc. 2019 ONWSIAT 2324 and the definition of dependent contractors in Thurston v. Ontario (Children’s Lawyer) 2019 ONCA 640. What follows are the remaining three cases. ... [read more]
Wednesday, January 22, 2020 @ 10:42 AM
Who’s afraid of big bad U.S. immigration policies?
The U.S. system of immigration is, right now, a story of well-intentioned players and the wolf lurking in the woods. While the media loves to focus on asylum and refugee issues, the impact of shifting U.S. immigration policies on businesses is being largely ignored on the pages of history. It’s a dangerous oversight, and one that will likely come back to bite the U.S. if policymakers are not savvy enough to see that their policies might devour what they love most — economic success and the country’s position as the home of some of the most successful businesses in the world. ... [read more]
Tuesday, January 21, 2020 @ 8:20 AM
Disability support: Guardianship applications
Under Ontario law, adult capacity is task-based rather than diagnosis-based. The upshot is that an individual’s required level of capacity can vary depending on the nature of the decision to be made. For example, having capacity to make a will or power of attorney (POA) is different from having capacity to manage property and finances or make personal care decisions.
... [read more]