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Tuesday, February 25, 2020 @ 9:35 AM

Federal Court of Appeal decision means no questions left on test for protective orders: lawyer Andrew Brodkin, Goodmans LLP

The Federal Court of Appeal has clarified the test to be used when determining whether to issue a protective order in intellectual property cases, a decision a lawyer involved in the case says now offers greater certainty to companies on what their rights are in Canada when seeking to protect information. ... [read more]

Monday, February 24, 2020 @ 2:20 PM

Competition Bureau vision: Advocacy, transparency, active enforcement competition_bureau_sm

During my time as general counsel and senior enforcement adviser in the Legal Services department at the Competition Bureau in 2018-19, I had the good fortune to work with all levels of the bureau and have emerged with a very good understanding of how they view the law, the economics and the bureau’s public interest mandate in different contexts: mergers, anti-competitive conduct such as abuse of dominance and cartels and deceptive marketing practices. ... [read more]

Monday, February 24, 2020 @ 9:08 AM

Workplace investigations: Doing them right, setting good example Fighting

Stories of toxic workplace cultures continue to dominate headlines — bullying, harassment and violence in the workplace — but importantly, the workplace culture has started to shift. Much of this shift can be attributed to disgraced Hollywood mogul Harvey Weinstein and the birth of the #MeToo movement. ... [read more]

Monday, February 24, 2020 @ 8:53 AM

U.S. immigration: Policies creating logical inconsistencies immigration_reform_gear_sm

As we stated in our previous article on the increasing impact of U.S. immigration policy shifts, we now have policy — which was never meant to trump law, no pun intended — being used as a weapon to circumvent reason. ... [read more]

Friday, February 21, 2020 @ 2:06 PM

Humour in the practice of law: Seriously | Marcel Strigberger

Are you sometimes overstressed practising law? Is your sense of humour dormant or even worse, muzzled? Of course not, but if it is … ... [read more]

Friday, February 21, 2020 @ 8:22 AM

Estate freeze: Transferring business ownership to next generation dollarsign_ice_sm

Private businesses — many of which are family-owned and operated — are a key driver of the Canadian economy. Business owners invest heavily, working long hours and putting their capital at risk, to build and maintain their enterprises. Sadly, many businesses fail despite these efforts, but sometimes the results are impressive in terms of job creation, economic impact and growth in the value of the business. It’s been suggested that “estate freeze” tax planning allows wealthy business owners to escape taxation. Whether or not one agrees that wealthy Canadians should pay more taxes, the elimination of estate freeze planning will not make our tax system fairer or more efficient. ... [read more]

Thursday, February 20, 2020 @ 1:18 PM

Discrimination and smokers in the workplace | Stuart Rudner

Four years ago, the owner of a jet boat tour company made national headlines when he publicly proclaimed that he had refused to hire smokers for the past 30 years. At the time, I blogged about the issue and offered my view that in all likelihood, such a policy would be a breach of human rights legislation. Then just over a month ago, U-Haul, a much larger and well-known corporation, announced that it will no longer hire smokers in 21 U.S. states, though this would not impact the remaining states or its Canadian operations. So, can Canadian employers enact such a policy? ... [read more]

Thursday, February 20, 2020 @ 8:31 AM

What every firm should know about e-discovery: Evaluation and implementation ediscovery_software_sm

The need for e-discovery is well documented. So, now that we’ve gotten the “why” out of the way, let’s look at the “how” part of the story. It’s one thing to say, “I want an e-discovery solution,” but knowing how to choose, implement and run one is an entirely different matter. And it’s where even the best intentions go to die. ... [read more]

Wednesday, February 19, 2020 @ 1:32 PM

Representation and warranty insurance expanding in Canada insurance_risk_sm

In M&A transactions, the representations and warranties, as well as the related indemnity and holdback provisions, are major points of negotiation. The purpose of these provisions is to allocate the risk of liability between the seller and buyer. However, the required due diligence and the negotiation process can be enormously costly and ultimately the deal may fall apart as the risk cannot be allocated in a manner that is satisfactory to both parties. ... [read more]

Tuesday, February 18, 2020 @ 2:16 PM

What’s at stake when harasser is employee or employer woodstatues

Harassment is unacceptable in the workplace and can be severely detrimental for the victim. It  can, and does, lead to absenteeism, lower productivity, anxiety, depression and post-traumatic stress. That is why the topic is a mandatory policy by law in Canada. ... [read more]