Focus On

In-House Counsel


Wednesday, May 12, 2021 @ 1:32 PM

Tax authorities compel cryptocurrencies to divulge information on traders Man harvesting bitcoin

Both the Canada Revenue Agency (CRA) and the Internal Revenue Service (IRS) have recently been successful in obtaining court orders to compel cryptocurrency trading platforms to divulge information about unknown clients of a business in order to audit the client, not the business itself. ... [read more]

Wednesday, May 12, 2021 @ 10:43 AM

Links between COVID-19, divorce Man and woman facing opposite directions

It goes without saying that the COVID-19 pandemic has impacted many people’s everyday lives. People can no longer meet up with members outside their household, go to clothing stores or eat in restaurants. Some of the pandemic’s effects on people’s day-to-day lives are less obvious though. For example, the COVID-19 pandemic has affected many people’s marriages. More specifically, the pandemic has led to an increased interest in divorce. ... [read more]

Wednesday, May 12, 2021 @ 8:54 AM

Work that works: Difficulties new calls face when starting out | Charlene Theodore

You have your law degree … now what? ... [read more]

Tuesday, May 11, 2021 @ 1:59 PM

Will China take our immigrants? Canadian and Chinese flags

The recent Toronto Globe and Mail article by John Ibbitson (April 28, 2021), and Doug Saunders’ tweet one day earlier, stating that the reduced birth rate in China “will help make immigration a seller’s market” and which will compete against Canada’s immigration targets, is a good point. ... [read more]

Tuesday, May 11, 2021 @ 8:33 AM

Appellate jurisdiction over interrelated final and interlocutory orders Man searching for path through a maze

The Court of Appeal for Ontario recently commented on a particularly complex area of appellate jurisdiction: interrelated final and interlocutory orders. The issue arose in Martin v. 11037315 Canada Inc. 2021 ONCA 246, where the Superior Court judge made both final and interlocutory orders arising from the same application. Generally speaking, appeals from interlocutory orders lie only to the Divisional Court with leave, whereas appeals from final orders lie in the Court of Appeal. The result may be separate appeals in different courts arising from the same proceeding. But what about a case like Martin, where the interlocutory and final orders are arguably intertwined? ... [read more]

Monday, May 10, 2021 @ 1:50 PM

Consumer protection in the digital space Shield symbol protecting online money, information

Businesses in every part of the economy are on a fast track toward making online communication the preferred method of communication with their customers. Payments Canada confirmed this trend when it reported in November 2020 a widespread shift away from paper-based payments to the digital space in its Canadian Payments: Methods and Trends report. This migration to the digital space has significantly impacted organizations’ relationship with their customers and as a result, heightened the focus on regulatory and litigation risks linked to consumer protection issues. ... [read more]

Monday, May 10, 2021 @ 1:15 PM

COVID-19 related class action fails, a first in Quebec Karine Chênevert, Borden Ladner Gervais LLP

A consumer class action arising from the COVID-19 pandemic against a popular ski hill operator was refused certification, the first in Quebec, after Quebec Superior Court found that the application lacked an arguable cause of action. In a decision that is in line with recent class action case law, the ruling underlines that COVID-19 class actions cannot simply allege a breach of contract and expect to be certified; reiterates that class actions even in light of the pandemic nevertheless have to meet the relatively low burden of demonstration; and highlights the importance of the defence bar to adduce relevant evidence, according to class action experts. ... [read more]

Monday, May 10, 2021 @ 11:23 AM

Appeal Court health and safety decision potentially ‘disturbing’ for employers, says law prof Eric Tucker, labour and employment law professor, Osgoode Hall Law School

A recent Ontario Court of Appeal decision involving a Sudbury, Ont., woman who was struck and killed by a road grader is a victory for workers but could cause concern for some employers, say two lawyers who specialize in occupational health and safety regulations. ... [read more]

Monday, May 10, 2021 @ 11:14 AM

Recalling employees back to office from remote work? Think constructive dismissal Woman at screen

In a long-awaited employment law ruling, the Ontario Superior Court of Justice on April 27, 2021, held that employees temporarily laid off because of the COVID-19 pandemic can bring civil action for constructive dismissal. ... [read more]

Monday, May 10, 2021 @ 8:42 AM

Legal aid services and estates law Drowning hand reaching for legal aid help

The Legal Aid Services Act (LASA) received royal assent in July 2020 as part of the Smarter and Stronger Justice Act. The LASA is a step forward to modernize the legal aid framework for low-income Ontarians through a shift from a regulatory regime to giving Legal Aid Ontario (LAO) more flexibility to develop and adapt its own rules, policies and services that better serve low-income Ontarians. ... [read more]