We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Analysis

Latest

Tuesday, January 08, 2019 @ 9:40 AM

Online gaming and the responsibility to protect privacy online_gaming_sm

The world of video games has undergone a massive transformation, bringing with it new opportunities for gamers, gaming companies, advertisers, marketers and a host of other entities in the industry. As online gaming continues to thrive, the industry must earn the trust of its consumers to maintain its success. As custodians of gamers’ personal data, gaming companies have a responsibility to protect gamers’ privacy and ensure proper safeguards are in place to mitigate against breaches.   ... [read more]

Monday, January 07, 2019 @ 1:42 PM

Crown’s case in proving drug and drinking impairment roadsidetest_Sm.jpg

Impaired drug and drinking offences are preferred by the Crown, relying on the evidence of the drug recognition evaluator (DRE) as opposed to the per se ones.   ... [read more]

Monday, January 07, 2019 @ 10:28 AM

Indigenous empowerment and Canadian economy oilpipelines_sm.jpg

We’ve witnessed the climax of Indigenous empowerment in Canada and with it the far-reaching implications both on the national economy and national cohesion. The west is now alienated over pipeline gridlock, triggered by a second Indigenous legal win voiding yet another bitumen pipeline. ... [read more]

Monday, January 07, 2019 @ 9:00 AM

Ombudsman not protecting rights of taxpayers tax_bombs_sm

Although not an actual law as it is in the United States, the Taxpayer “Bill of Rights” sets out 16 rights, eight of which are within the mandate of the Taxpayers’ Ombudsman’s office. ... [read more]

Friday, January 04, 2019 @ 10:15 AM

Significant ruling in Ontario employment law on cusp of 2019 BigPenLittlePeople_sm.jpg

In a very recent decision of the Ontario Divisional Court, Movati Athletic (Group) Inc. v. Bergeron 2018 ONSC 7258, the court upheld an earlier summary judgment decision in which Justice Michelle O’Bonsawin found that simply complying with the Employment Standards Act 2000 (ESA) was insufficient to rebut the common law presumption of entitlement to reasonable notice. ... [read more]

Friday, January 04, 2019 @ 8:46 AM

Labour market impact assessments: Going high or low labour_impact_sm

For employers facing a labour shortage, Labour Market Impact Assessments (LMIAs) can be a necessary evil, allowing them to hire qualified foreign workers if qualified Canadians are not available in the labour market. They are often a near last resort due to their complexity, slow processing times and the fact that deficiencies in the smallest details can be fatal to an application forcing the employer to have restart a months-long process. ... [read more]

Thursday, January 03, 2019 @ 11:46 AM

Important changes to the Canadian Patent Act now in effect patentballs_sm.jpg

The Budget Implementation Act, 2018, No. 2, Statutes of Canada 2018, c.27, received royal assent on Dec.13, 2018, amending the Patent Act and affecting the scope of protection available under Canadian patents: ... [read more]

Thursday, January 03, 2019 @ 9:36 AM

Trump on trade: Lessons from a bad negotiator boxing_glove_sm

Halfway through his first term, the U.S. president shows no signs of putting a lid on his practice of trumpeting his self-perceived iconic status as a negotiator beyond compare. ... [read more]

Thursday, January 03, 2019 @ 8:37 AM

Perils of adding a child to your bank account kids_bank_sm

We have heard many times of the advisability or the perils of a person conveying a joint interest in real property to a child in order to facilitate estate administration upon her death or to avoid estate administration tax. Less discussed is the advisability or the perils of placing a child as a co-owner of one’s bank account. ... [read more]

Wednesday, January 02, 2019 @ 2:11 PM

When it comes to evidence, zero plus zero equals zero evidencetape_Sm.jpg

Every lawyer in Canada has heard William Blackstone’s ratio: better that 10 guilty persons escape than that one innocent suffers. Many lawyers may be less familiar with Justice Renee Pomerance’s ratio in R v. Wuschenny 2018 ONSC 6765. An important equation is embedded within her honour’s reasons for decision: “[z]ero plus zero equals zero.” Judges, Crown counsel and criminal defence counsel ought to become equally familiar with Justice Pomerance’s ratio. ... [read more]