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Thursday, June 13, 2019 @ 11:47 AM

From Estonian AI judges to robot mediators in Canada, U.K. Robot&manhandshake_sm.jpg

Having previously written about Estonia’s pilot AI judge, it comes as no surprise that I am here to report that a “robot mediator” has settled a court case for the first time, demonstrating a further shift towards the embrace of legal technology and tools to efficiently and effectively litigate. ... [read more]

Thursday, June 13, 2019 @ 11:03 AM

Intermediary CASL liability: Managing tech company risk managing_risk_sm

Counsel for technology companies need to be aware of the CRTC’s hardline stance against “intermediaries” under the Canadian Anti-Spam Legislation (CASL). In light of a CRTC Enforcement Bulletin issued in November 2018, actual compliance with the intermediary provisions of CASL may be out of the hands of the intermediary itself, placing elevated importance on the due diligence defence. In this article I explain what an intermediary is in relation to CASL, the liabilities intermediaries face and best practices for due diligence. ... [read more]

Thursday, June 13, 2019 @ 9:09 AM

Does arbitration trump A2J? Answer coming from SCC food_delivery_sm

On May 23, 2019, the Supreme Court of Canada granted leave to appeal from the landmark decision of the Ontario Court of Appeal in Heller v. Uber Technologies Inc. 2019 ONCA 1. In that case, the Court of Appeal allowed a class action to proceed and refused to give effect to an arbitration clause that would have forced UberEats drivers in Ontario to arbitrate their claims, in the Netherlands, under Dutch law. ... [read more]

Wednesday, June 12, 2019 @ 3:18 PM

In defence of diversion courtscene

Recently the CBC published a sensational report by David Burke that described Canada’s justice system as “crumbling” because “people accused of petty crimes like shoplifting, minor assault and fraud are walking free.” These cases are either “being dropped outright or shunted into restorative justice programs” (gasp!). Reporting like this serves to whip up public resentment against prosecutorial discretion and restraint. This resentment is misguided.     ... [read more]

Wednesday, June 12, 2019 @ 1:49 PM

Lessons from one of Canada’s largest ever subrogation trial judgments Oilcan Spill

On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. The leak occurred at ISH’s Desan field, in a remote area of northern B.C. The ensuing investigation revealed several leaks on three different pipelines. ... [read more]

Wednesday, June 12, 2019 @ 12:45 PM

Unclear who benefits from Ontario’s WSIB review People checking document

On May 23, 2019, the Ontario government announced a review of the Workplace Safety and Insurance Board (WSIB). Designed to find cost savings to ensure the sustainability of the WSIB, the review will focus on financial oversight, administration and efficiency but will not examine the WSIB’s adjudication and decision-making process. The review of the WSIB is unusual because the program has no impact on the province’s budget line. One wonders therefore who exactly stands to benefit from the cost savings. ... [read more]

Tuesday, June 11, 2019 @ 12:42 PM

Family business succession planning: A primer relay_race_sm

We are in the midst of the largest transfer of intergenerational wealth in our history. Nearly 60 per cent of owners of Canada’s small- and mid-sized businesses are now 50 or older. Further, four out of 10 entrepreneurs will exit their businesses in the coming years. ... [read more]

Tuesday, June 11, 2019 @ 11:50 AM

A law girl’s bump in the road: clashing Indian and Canadian values Pregnant woman

I told my father first about my pregnancy, over the phone. His reaction: “Wow! I wasn’t expecting that news. I thought you were going to tell me that you failed a course or something. You’re old enough and married, so what is there to be upset about? Just tell me that you are finishing law school.” Telling my mother about my pregnancy was another thing altogether. “How can you do this to me?” she said. ... [read more]

Tuesday, June 11, 2019 @ 11:00 AM

Broad changes coming to directors’ duties: Part one compliance_directors_sm

Significant amendments to the Canada Business Corporations Act (CBCA) proposed in the federal government’s omnibus budget implementation bill would expand upon and codify into statute some of the principles relating to directors’ duties set out in the landmark Supreme Court of Canada decision BCE Inc. v. 1976 Debentureholders 2008 SCC 69. ... [read more]

Monday, June 10, 2019 @ 3:07 PM

Employer’s duty when employee watches porn, pursues pleasure in workplace Manstaringatscreen

It is unlawful for employers in Canada to discriminate on the basis of disability. Not only do employers have a duty under human rights legislation to accommodate their employees’ disabilities, they must also create a workplace free of harassment on prohibited grounds, including disability. ... [read more]