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
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Analysis

Latest

Tuesday, October 09, 2018 @ 2:08 PM

B.C. arbitrator: Worker drug and alcohol testing must be assessed separately urinetest_sm.jpg

In Vancouver Drydock Co. v. Marine Workers and Boilermakers Industrial Union, Local 1 (C.L. Grievance) [2018] B.C.C.A.A.A. No. 34, a recent decision from British Columbia labour arbitrator David McPhillips, the arbitrator held that the fact that an employee reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs. ... [read more]

Tuesday, October 09, 2018 @ 9:10 AM

Making allegations against a former immigration counsel just got easier blame_lawyer_sm

The Immigration and Refugee Board (IRB) recently released a new Practice Notice entitled Allegations Against Former Counsel. The document guides people who allege inadequate representation by former counsel before any of the four divisions of the tribunal. ... [read more]

Friday, October 05, 2018 @ 12:37 PM

Federal Court sends non-Canadian businesses significant trademark signal virtualhotellobby_sm.jpg

After much anticipation, the Federal Court of Canada has released yet another decision which signals to non-Canadian businesses that a physical presence in Canada may not be necessary to constitute “use” of a trademark in Canada in association with services. ... [read more]

Friday, October 05, 2018 @ 9:26 AM

Pyrrhic victory for plaintiffs who refused settlement refuse_money_sm

On Aug. 20, 2018, the judgment on costs following trial was released in Bukshtynov v. McMaster University 2018 ONSC 4819. The plaintiffs’ Pyrrhic victory was attributed to their “reckless and pernicious reticence to settle” and their failure to procure costs insurance following an earlier motion for security for costs. Notably, the judge described the plaintiffs’ offer as “so extreme that it effectively was a message that there was no way that this matter would settle ... a red flag for his extreme litigation behaviour.” ... [read more]

Thursday, October 04, 2018 @ 12:48 PM

Doug Ford’s disruptive repeal of Bill 148 stackunstack_sm.jpg

As if the tumult surrounding the invocation of the notwithstanding clause by Premier Doug Ford’s government a few weeks ago was not enough, less than one year into its inception, Ford has announced the Ontario government’s proposed repeal of Bill 148, the Fair Workplaces, Better Jobs Act. ... [read more]

Thursday, October 04, 2018 @ 9:33 AM

Arbitrator can ignore evidence when deciding an award weigh_evidence_sm

Parties to an arbitration often believe that the failure by an arbitral tribunal to address evidence or take evidence into account amounts to a serious irregularity, allowing a court to set the award aside. The short answer to the question is that a failure to address evidence or take evidence into account in an award will almost never amount to a serious irregularity. ... [read more]

Thursday, October 04, 2018 @ 9:09 AM

Construction Act: What you need to know about the amendments construction_lien_sm

In December, 2017, the Ontario Government passed Bill 142 (Construction Lien Amendment Act, 2017, SO 2017, c 24) to amend the Construction Lien Act (RSO 1990, c C30) (the “Act”). The amendments that have been made to the Act are extensive and substantial, and they both modify and expand upon the Act. This is reflected in the name of the Act being changed to the Construction Act. ... [read more]

Wednesday, October 03, 2018 @ 9:04 AM

Appeal offers a look at inner workings of Ministry of Immigration inner_workings_sm

A recent Federal Court of Appeal decision, Jean Pierre v. Canada 2018 FCA 97, is worth a read for any immigration law practitioner. The case provides a unique look into the Ministry of Immigration, Refugees and Citizenship of Canada and the roles and duties of different officers. ... [read more]

Wednesday, October 03, 2018 @ 8:35 AM

Federal Court won’t allow CRA ‘fishing expedition’ fishing_expedition_sm

The Canada Revenue Agency has broad powers to administer and enforce Canada’s tax laws. In the context of a tax audit, the CRA can gather information by inspecting a taxpayer’s books and records and can require taxpayers and third parties to provide information and documents. While these powers are extensive, it must be recalled that the CRA’s powers are defined by provisions of the Income Tax Act and the Excise Tax Act, and the courts are empowered with interpreting this legislation. ... [read more]

Tuesday, October 02, 2018 @ 3:08 PM

Quebec steps up fight against corruption in construction industry moneyhands

In November 2015, the Charbonneau Commission — a commission of inquiry created by the Quebec government to investigate certain practices in the construction industry — released its report, which included 60 recommendations to prevent and eliminate corruption in the construction industry. ... [read more]