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Thursday, May 31, 2018 @ 8:36 AM

New law seeks to close gender wage gap in Ontario woman&manleaping_orig.jpg

A recent Conference Board of Canada report has confirmed what many working women have known all along — there is a significant gender wage gap in the province, with women making a mere 87 cents for every dollar earned by men. The Equal Pay Coalition’s calculation of the gap is actually bleaker, pegging it at approximately 30 per cent. Predictably, the conference board has given Ontario a “C” grade for the wage discrepancy. ... [read more]

Wednesday, May 30, 2018 @ 8:46 AM

Habeas corpus and the immigration detention of non-citizens immigration_detention_sm

Immigration detentions of non-citizens must only be for an immigration-related purpose. Undoubtedly, a detention is never pleasant. However, it is not the detention itself, or even its length, that is objectionable, but its unlawfulness. Often non-citizens are being detained on a faulty factual premise, inadvertent errors or criminal charges without a conviction. Once detained, it is difficult to secure a release and the detention can span years. ... [read more]

Wednesday, May 30, 2018 @ 8:39 AM

Privilege claims in international arbitration international_arbitration_sm

In Ontario, as in all other provinces, the legislation regulating international commercial arbitrations is silent on privilege claims. Unlike the domestic Arbitration Act, 1991, where privileged matters are inadmissible, privilege claims under the International Commercial Arbitration Act of Ontario may be subject to foreign laws, which may not recognize the same privileges as in Ontario. ... [read more]

Tuesday, May 29, 2018 @ 12:26 PM

Alberta clarifies what are reasonable interest rates under provincial balancing pool scheme tax_regulation_sm

In the recent decision of Alberta v. ENMAX Energy Corporation 2018 ABCA 147, the Alberta Court of Appeal considered whether interest on certain intercompany debt was reasonable, and therefore deductible in pro forma tax calculations required, under Alberta’s payment in lieu of tax regulation (PILOT). ... [read more]

Tuesday, May 29, 2018 @ 11:55 AM

B.C. Court of Appeal decision on contract modification ‘a long time coming’: law prof Andrew Newcombe, University of Victoria Faculty of Law

The British Columbia Court of Appeal has ruled a woman who loaned her friend $600,000 and then agreed to several extensions on the payment date was not subject to a limitation period and that variations in contracts should be enforceable absent duress and other concerns, a ruling a law professor is saying is an important development in the evolution of contract law. ... [read more]

Tuesday, May 29, 2018 @ 9:27 AM

Blakes study breaks down Canadian private equity numbers Kurt Sarno

Feeling that there was a complete lack of market data about private equity deals in Canada, Blake, Cassels & Graydon LLP decided to rectify the situation by conducting its own market study. For the Canadian Private Equity Deal Study, the team at Blakes looked at more than 100 transactions signed between 2014 and 2017 among unrelated parties that the firm had been involved with as lead or Canadian counsel. ... [read more]

Tuesday, May 29, 2018 @ 8:45 AM

The Ontario election: possible impact on energy projects | Caroline Jageman

As was the case in the last two Ontario provincial elections, energy policy is again a central issue in 2018. The incumbent Liberals pledge to stay the course on a green, low carbon economy. The PC Party has indicated it intends to make sweeping changes. The NDP promises to continue with a renewables policy and a carbon pricing program. Andrea Horwath has also indicated that, if elected, the NDP would buy back Hydro One. ... [read more]

Monday, May 28, 2018 @ 12:35 PM

Court tosses Ecuadorian case vs. Chevron Canada, but ‘corporate separateness’ principles questioned Peter_Grant_sm

The lost Ontario appeal of Ecuadorian villagers seeking billions from the Canadian subsidiary of a U.S. energy company for environmental damage caused in their homeland speaks to “bedrock principles” of corporate separateness, but leaves a door slightly open for future courtroom debate, says one legal mind. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]

Thursday, May 24, 2018 @ 11:13 AM

B.C. has strong case in challenge of Alberta fuel law: legal experts Eric Adams, University of Alberta Faculty of Law

The B.C. government has challenged an Alberta law designed to choke off fuel supplies to British Columbia, saying it would cause “irreparable harm” and runs contrary to Canada’s Constitution, and legal experts are saying the province is on solid ground in one aspect of its court challenge, but may be vulnerable in another area. ... [read more]