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Analysis

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Wednesday, August 21, 2019 @ 10:58 AM

Why Ontario’s victim compensation bill will hurt those it’s designed to help Child,woman,first_sm.jpg

In April, the Conservative government of Ontario announced its plans to repeal the Compensation for Victims of Crime Act in the 194-page bill tabled as part of the Finance minister’s budget measures. Bill 100, titled Protecting What Matters Most Act, would also dissolve Ontario’s Criminal Injuries Compensation Board, the tribunal that has awarded financial assistance to victims of crime since 1971. ... [read more]

Wednesday, August 21, 2019 @ 8:48 AM

Compensation, termination differences between U.S. and Canada employment law USCanadaflags

As noted in part one of this three-part series, Differences between Canadian, American employment law, there is no “at-will” employment in Canada. Employers’ legal obligations with respect to termination depend in part on whether the employee is being dismissed with or without cause. ... [read more]

Wednesday, August 21, 2019 @ 8:34 AM

Board of directors’ climate change checklist: Part two businesswoman_checklist_sm

A few weeks back I hosted an online session where some of the leaders shared their views on transition strategies and how boards need to be able to articulate and act upon climate change risks and opportunities. In my previous article on this topic, I shared two of the five items from a shortened suggested to-do list for the board of directors. Here are the remaining three recommendations. ... [read more]

Tuesday, August 20, 2019 @ 3:08 PM

Exploring digital world of parent-child contact Laptop

The increased use of virtual technology such as text messages, social networking sites and Skype has enabled another type of parent-child contact post separation — virtual parent-child contact. However, issues have emerged, including safety, privacy and confidentiality for children and parents, that family justice professionals and the court must consider when recommending virtual parent-child contact. ... [read more]

Tuesday, August 20, 2019 @ 9:35 AM

Powers of attorney and advanced care planning: Substitute decision making power_of_attorney_sm

Our last four articles in this series reviewed important legal issues relating to powers of attorney for personal care. This fifth article reviews the importance of having a substitute decision maker and what happens if you do not appoint one in a power of attorney. ... [read more]

Tuesday, August 20, 2019 @ 8:43 AM

Fine balance needed by courts in third-party litigation funding darkfacebehinddollars_sm

The first time that third-party funding was approved for an Ontario class action was Dugal v. Manulife Financial Corp. [2011] O.J. No. 1239. Justice George Strathy took a deep look at the nature of class actions and decided to approve it. Several years later, Justice Paul Perell has taken the court’s supervision of the process one step further. Previously, the view was that the judge could either approve the litigation funding agreement or not. In Houle v. St. Jude Medical Inc., 2017 ONSC 5129, Justice Perell took the innovative step of directing the plaintiff and its funder to make specific changes to the funding agreement. ... [read more]

Monday, August 19, 2019 @ 3:05 PM

Employer or PEO — who is the daddy? Group silhouette with globe

If you’re a Canadian resident working for a U.S. company in Canada, there are a multitude of cross-border implications regarding employment law, payroll reporting, income taxes and Social Security taxes. The evolution of the professional employer organization (PEO) since the 1980s has become a popular solution for U.S. and Canadian employers when employing remote workers. ... [read more]

Monday, August 19, 2019 @ 2:00 PM

Lawyers on access to justice Day of Action multiracialcrowd

Access to justice has two different but intersecting meanings. The first focuses on ensuring that a person who interacts with the justice system can do so with the legal and expert assistance they need to navigate a complex, and often perplexing, system. ... [read more]

Monday, August 19, 2019 @ 11:42 AM

Understanding how trademark system works Electricpatent

A business owner should understand how the trademark system works. In Canada, the Trademarks Act applies to a trademark/brand name and is of fundamental importance. Obtaining a trademark registration facilitates the protection of the mark. ... [read more]

Monday, August 19, 2019 @ 8:50 AM

Occupational classifications: Are you an economist or an accountant? two_doors_sm

For better or worse, it was a missed opportunity not to reassess the trade national (TN) occupational classification list under NAFTA’s Appendix 1603.D.1 when the United States-Mexico-Canada Agreement (USMCA) was negotiated. It has been 25 years since these occupational classifications were finalized, and updates on what each occupational classification entails in the current workforce would have been welcome. ... [read more]