Focus On



Wednesday, October 09, 2019 @ 6:16 AM

CORPORATIONS - Oppression remedy - Powers of the court

Appeal by the plaintiff Bitton Estate from findings regarding an option in Bitton’s favour and a share valuation date. ... [read more]

Tuesday, October 08, 2019 @ 2:48 PM

Competition Bureau ramps up monitoring, enforcement

Competition Bureau Canada is hoping to shine a brighter light on anti-competitive activities. The new guiding light comes in the form of an expanded Merger Intelligence and Notification Unit (MINU). While the notification provisions of the Competition Act help the Competition Bureau to more easily detect most potentially anti-competitive transactions, there are shadows where the unscrupulous or the uninformed can hide ... [read more]

Tuesday, October 08, 2019 @ 11:29 AM

When employment contract frustrated, employer’s duty to accommodate ends Peopleonpuzzle

Katz et al. v. Clarke 2019 ONSC 2188 (Divisional Court) addressed the scope of the employer’s duty to accommodate an employee that has a permanent disability. In its decision, the court clarified that when undisputed medical evidence indicates that an employee with a disability is unable to fulfill the basic obligations of the employment relationship in the foreseeable future. ... [read more]

Monday, October 07, 2019 @ 2:33 PM

Compensation, time off differences between Canadian, U.K., employment law Britishcanada

Part one of this four-part series looked briefly at the basic legal structure of Canada and the U.K., as well as the distinction between employment agreements and independent contractor agreements in Canada. Part two below discusses other elements of the employment agreement in Canada. ... [read more]

Monday, October 07, 2019 @ 8:31 AM

Pleadings under attack in franchise disputes franchise_brochure_sm

The past couple of years have seen a fair amount of pleadings attacks in franchise disputes. These cases involved challenges by franchisors/defendants to statements of claims launched against them and related parties by franchisees/plaintiffs. ... [read more]

Friday, October 04, 2019 @ 2:12 PM

Why decision in Squamish fishing case was overturned Bigfish1

In Squamish Nation v. Canada (Fisheries and Oceans) 2019 FCA 216, the Federal Court of Appeal considered the Federal Court’s judicial review of the decision of the Regional Director General (RDG) on behalf of the minister of Fisheries and Oceans Canada (DFO). ... [read more]

Friday, October 04, 2019 @ 11:30 AM

Succession planning: The elephant in the law firm | Stephen Binder

I have been working with lawyers and law firms for a good part of my four and a half decades as an accountant and strategic adviser, and I can say this with some confidence: lawyers aren’t quite like everybody else, at least when it comes to the issue of retirement. While the rest of the world dreams of kicking back and relaxing after a lifetime of work, many lawyers — especially those who have risen to the upper echelons of their firms — seem terrified at the prospect of not coming to the office. In fact, one recent survey suggests that nearly four out of five senior partners never want to retire. ... [read more]

Friday, October 04, 2019 @ 11:16 AM

Genetic fairness appeal addresses core moral values worthy of protection Bluebodyscience1.jpg

Compelled genetic testing and compelled disclosure of genetic information are socially undesirable evils. ... [read more]

Friday, October 04, 2019 @ 8:41 AM

In Uber case, arbitration organizations failed the test arbitration_international_sm

On Sept. 16, 2019, aspiring interveners in the Uber v. Heller 2019 ONCA 1 appeal in the Supreme Court of Canada (the Uber case) filed their motions for leave to intervene. The submissions filed by several arbitration organizations make for rather depressing reading. With one or two notable exceptions, what they support is the notion that even when there is a direct conflict between arbitration and access to justice, arbitration must win. ... [read more]

Thursday, October 03, 2019 @ 12:16 PM

Context: An alternative to anti-SLAPP legislation public_debate_sm

How to deal with so-called strategic lawsuits against public participation (SLAPPs) has been an issue of contention across Canada. Some provinces have adopted legislation to deal with the issue that permits defendants to move to have actions dismissed at an early stage on the basis they are SLAPPs. Actual empirical, as opposed to anecdotal, evidence of the extent to which SLAPPs are a problem does not exist, nor is there empirical evidence on the extent to which legislation is the answer. A recent B.C. case points to another effective method for dealing with alleged SLAPPs. ... [read more]