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In-House Counsel

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Friday, October 11, 2019 @ 10:35 AM

Legal operations: The hard work of selling change fish_jump_sm

The goal of legal operations is to run in-house legal teams like a business. What does that mean to you? ... [read more]

Wednesday, October 09, 2019 @ 11:47 AM

Ruling in labour case ‘go-to decision’ on federal-provincial jurisdiction issue, law prof says Michael Lynk, Western University Faculty of Law

The Federal Court of Appeal has ruled a Quebec-based company is subject to federal labour law after the court determined the bulk of its work was in telecommunications despite its describing itself as a construction company, and a legal expert is saying the decision will be seminal in determining what companies will fall under federal jurisdiction in labour relations. ... [read more]

Wednesday, October 09, 2019 @ 8:36 AM

California employment law double-edged sword for Canadian businesses california_flag_sm

California is one of the most employee-friendly states in the U.S. And it just got even more friendly to taxpayers by enacting a new law that will impact Canadians who do business there. The law can impact corporate entities and independent contractors in everything from the film industry to IT. ... [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 @ 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]