Focus On

Analysis

Latest

Friday, November 01, 2019 @ 3:05 PM

What U.K. employers should know about Canadian human rights employment law Britishflag

The final part of this four-part series explores Canadian human rights legislation in relation to employment law. Canadian employers are prohibited by law from dismissing an employee on discriminatory grounds and engaging in discriminatory practices generally.  ... [read more]

Friday, November 01, 2019 @ 11:15 AM

In-house legal at pivot point of innovation leading_innovation_sm

A recent Altman Weil study found that the number one reason firms weren’t doing more to change the way the way they deliver legal services is because clients weren’t asking. Yes, a law firm not proactively improving client services has poor business strategy; but that is pretty rare. The problem of how to improve the delivery of legal services is more complicated than that. What incentives are clients giving for law firms to improve? ... [read more]

Friday, November 01, 2019 @ 10:47 AM

When life gives Beyoncé lemons, can she make lemonade? Lemons

When Beyoncé is served lemons, she usually makes lemonade which she drinks with her $900 titanium straw. But there is one lemon that she just can’t juice.  ... [read more]

Thursday, October 31, 2019 @ 1:23 PM

Overview of employee leave entitlements across Canada B&Wcrowds.jpg

This article is the fourth in a series in which we provide a general understanding of the laws and regulations that impact employment and labour in Canada. While every effort has been made to cover developments up to the date of publication, the current status of any legislation should be verified by counsel. ... [read more]

Thursday, October 31, 2019 @ 12:39 PM

Transactional common interest privilege: Not over til it’s over gears_transaction_sm

The chatter on Toronto’s Bay Street is that transactional common interest privilege is settled law in Canada and that its recent near-death experience was put to bed by the Federal Court of Appeal in Iggillis Holdings Inc. v. Canada (National Revenue) 2018 FCA 51. Nothing could be further from the truth. While the decision accepts that transactional common interest privilege is a recognized privilege in some jurisdictions, it fails to address a number of important issues identified by the Federal Court that call into question its very existence. ... [read more]

Thursday, October 31, 2019 @ 9:14 AM

The opioid crisis: High cost to pay Hand pouring out pills

In 2018, B.C. had 1,546 opioid-related deaths, followed by Ontario at 1,473 and Alberta at 833. The numbers average one Canadian opioid-related death every two hours. It’s an epidemic that has received widespread media attention in North America in recent months as a result of the lawsuits that have ensued. ... [read more]

Thursday, October 31, 2019 @ 8:47 AM

Capacity for a will: The Banks test testator_capacity_sm

The test for testamentary capacity was established in Banks v. Goodfellow L.R., [1870] C.C.S. NO. 69, and has survived until the present day. While the case has endured as the benchmark of testamentary capacity, much due to the judicial foresight of Chief Justice Alexander James Edmund Cockburn, it has not been without criticism. It is hard to imagine Justice Cockburn foreseeing the depth of medical research into diseases such as Alzheimer’s, which we now rely upon in the present day, but the considerations he included in his test remain. ... [read more]

Wednesday, October 30, 2019 @ 3:19 PM

E-scooters are coming: So are the lawsuits Three escooters

When the Ontario government announced plans to oversee a proposed five-year pilot project that would allow electric-powered scooter on public roads, the devices were touted as an environmentally friendly option to reduce congestion on roads.The rollout of e-scooters in other jurisdictions, however, has created headaches for municipalities and has raised concerns that the devices are dangerous for pedestrians and users alike. ... [read more]

Wednesday, October 30, 2019 @ 12:45 PM

Norwich Orders: Getting behind the mask digital_mask_sm

Technology has both lessened and increased people’s ability to stay anonymous in society. Sometimes that anonymity has necessitated the application of old legal and equitable doctrines to new legal problems. ... [read more]

Wednesday, October 30, 2019 @ 9:37 AM

Battling delays, gridlock in criminal justice system Prisoner behind bars

Police report crime in Canada based on the Crime Severity Index, an index which includes all Criminal Code and federal statute offences, increased for the fourth consecutive year since 2014. Over two million reports of Criminal Code incidents, with the exclusion of the Highway Traffic Act ones, were reported in 2018, about 69,800 more incidents than in 2017. The increase in the Crime Severity Index indicates more cases will be before the courts. Systemic delays in the Canadian Superior Courts of Justice will most probably follow into the courts of justice. ... [read more]