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Friday, November 08, 2019 @ 2:08 PM

New pay equity legislation applicable to federally regulated employers Canadianflagandmoney.jpb

New legislation will introduce a pay equity framework for federally regulated employers with more than 10 employees in both the public and private sectors. ... [read more]

Friday, November 08, 2019 @ 12:33 PM

Benefit corporations: Legislators should tread lightly good_corporation_sm

The advent of the burgeoning benefit corporation movement represents a subtle but fundamental change in the way for-profit companies choose to do business. And Canadian legislators, who have been slow to act in support of this movement, should address it with comparable subtlety, recognizing that the movement is an evolution of existing law, bears no relationship to the not-for–profit sector and does not require a host of new regulatory approaches. ... [read more]

Thursday, November 07, 2019 @ 1:29 PM

Human Rights Tribunal says condo corp did not discriminate against disabled woman For Rent Sign

A condo unit owner in British Columbia filed a complaint (Rutherford v. Strata Plan VS 170 2019 BCHRT 227) with the Human Rights Tribunal alleging that her strata corporation discriminated against her on the basis of her disability when it refused to allow her to rent the second bedroom of her unit on a short-term basis. ... [read more]

Thursday, November 07, 2019 @ 9:24 AM

Defendant liable for plaintiff jumping out of bus School bus

In Little v. Floyd Sinton Limited 2019 ONCA 865, the plaintiff was largely successful in an appeal involving an incident where the plaintiff jumped out of the back of a moving school bus. ... [read more]

Thursday, November 07, 2019 @ 9:20 AM

Concerns regarding proposed amendments to Nova Scotia Fatality Investigations Act manindarkcell

In August of this year Greg Hiles died while in custody in the East Coast Forensic Hospital (ECFH) in Nova Scotia. He had been determined to be not criminally responsible (NCR), meaning he was indefinitely confined until found to be sufficiently mentally well by the Criminal Review Board. This means Hiles’ release, and the release of anyone found NCR, is dependant upon receiving effective treatment of their underlying mental illness. ... [read more]

Thursday, November 07, 2019 @ 7:51 AM

Cloud security myth: Client data stored in Canada more secure cloud_security_sm

One of the key attributes of modernizing the tools and software used by law firms is migrating to cloud solutions, which offer greater reliability, features and security vis-a-vis on-premises software solutions. Despite the benefits, I routinely encounter the great myth of cloud technology within the first few minutes of any call, notably “Where is the data stored?” or “Is everything stored in Canada?” ... [read more]

Wednesday, November 06, 2019 @ 2:26 PM

Full financial disclosure in a domestic contract Contract with glasses

Knowledge of both financial positions is crucial to best represent a client so that a fair and equitable domestic contract can be prepared. Inclusion of each parties’ financial position bears so much weight that without it, a domestic contract can be deemed invalid or set aside. ... [read more]

Wednesday, November 06, 2019 @ 1:53 PM

International arbitration gets innovative: Privacy, confidentiality and appeals arbitration_global_sm

In the first article in this series, I wrote about innovative uses of international arbitration and the increasing attention on using arbitration for other forms of disputes. Despite the reasons articulated by Judge Gropper (The Arbitration of Cross-Border Business Insolvencies) why parties might wish to agree to arbitration in cross-border insolvency matters, there does not appear to have been a rush to do so. Yet the fundamental concept and reasons supporting it are logical. It may be that more work is needed. ... [read more]

Wednesday, November 06, 2019 @ 1:07 PM

Bad news for trademark squatters: China introduces ‘intent-to-use’ requirement CanadianChineseflags

With a population of 1.3 billion, China is the world’s second-largest economy and represents an exciting, untapped global market. A challenge faced by many international entities when entering the Chinese market is that their brands have already been registered as trademarks in China by speedy local filers. Some local filers are professional squatters that have no real intent to use the trademark, but instead, they aim to make money by holding the trademark registration for ransom. ... [read more]

Wednesday, November 06, 2019 @ 8:42 AM

Defining death: Court of Appeal weighs in life_support_sm

How do we know when someone has died? This question has been the subject of debate in Western societies since at least the 18th century, and in modern times has become increasingly fraught due to advancements in medical knowledge and resuscitative technology. ... [read more]