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Tuesday, October 16, 2018 @ 11:01 AM

Ontario re-lays foundation for brick and mortar sales of recreational cannabis cannabis legalization

The government of Ontario recently introduced Bill 36, the Cannabis Statute Law Amendment Act. If passed, Bill 36 will enact the Cannabis Licence Act, 2018 and make numerous amendments to other Ontario laws, including the Cannabis Act, 2017, the Ontario Cannabis Retail Corporation Act, 2017, and the Smoke-Free Ontario Act, 2017. ... [read more]

Tuesday, October 16, 2018 @ 9:41 AM

Litigation privilege: Unsure bulwark for a party in bad faith shield_protection_sm

Abuse of the judicial system is not a novel phenomenon and remains highly problematic for parties that have to deal with it. In 2009 and again in 2015, the Quebec legislature added provisions to the Code of Civil Procedure giving courts the power to sanction abuse of process. It can nevertheless be difficult for a party to prove abuse of process or similar improper conduct by the adverse party. This is especially true when the latter is able to contest the communication of relevant evidence on the grounds of professional secrecy or litigation privilege. ... [read more]

Monday, October 15, 2018 @ 11:16 AM

The growing trend of women lawyers on a board journey business_women_sm

Women lawyers are uniquely positioned to take a seat at the boardroom table as corporate boards slowly start to seek greater diversity. ... [read more]

Monday, October 15, 2018 @ 9:36 AM

Cannabis legalization: Avoiding the personal injury potholes | Jasmine Daya Cannabis legislation

Canadians are gearing up for Oct. 17, 2018, a date that will forever be remembered by generations to come. Whether you are a consumer wanting to blaze legally, a firm believer in medical marijuana, a liberal who believes in the freedom of choice or a dealer wanting to earn a buck above board, this movement has brought Canadians together with excitement and anticipation. ... [read more]

Thursday, October 11, 2018 @ 10:58 AM

Diving deep into the how and what now of the USMCA usmca_trade_sm

The new USMCA trilateral trade deal struck last week between the United States, Canada and Mexico that is set to replace NAFTA lifted the uncertainty that the partners could come to a mutually beneficial understanding after 13 months of negotiations. ... [read more]

Thursday, October 11, 2018 @ 8:22 AM

Courts won’t rewrite tax treaties negotiated by the government tax_treaty_sm

The recent decision of the Tax Court of Canada in Alta Energy Luxembourg S.A.R.L. v. Canada 2018 TCC 152, reaffirms the right of a taxpayer to rely on the original intent behind government policies and confirms that commercial realities should be considered in interpreting tax treaties. Further, the court held that structuring ownership through a fiscal resident of a country with a favourable tax treaty is not, per se, an abuse or misuse of a tax treaty in the absence of some explicit further requirement in the treaty. ... [read more]

Tuesday, October 09, 2018 @ 2:08 PM

B.C. arbitrator: Worker drug and alcohol testing must be assessed separately urinetest_sm.jpg

In Vancouver Drydock Co. v. Marine Workers and Boilermakers Industrial Union, Local 1 (C.L. Grievance) [2018] B.C.C.A.A.A. No. 34, a recent decision from British Columbia labour arbitrator David McPhillips, the arbitrator held that the fact that an employee reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs. ... [read more]

Friday, October 05, 2018 @ 1:03 PM

Is there employment life after #MeToo? | Stuart Rudner

What is an employer to do when they receive an application from someone that they know, or suspect, was previously outed as a sexual harasser? ... [read more]

Thursday, October 04, 2018 @ 9:33 AM

Arbitrator can ignore evidence when deciding an award weigh_evidence_sm

Parties to an arbitration often believe that the failure by an arbitral tribunal to address evidence or take evidence into account amounts to a serious irregularity, allowing a court to set the award aside. The short answer to the question is that a failure to address evidence or take evidence into account in an award will almost never amount to a serious irregularity. ... [read more]

Thursday, October 04, 2018 @ 9:09 AM

Construction Act: What you need to know about the amendments construction_lien_sm

In December, 2017, the Ontario Government passed Bill 142 (Construction Lien Amendment Act, 2017, SO 2017, c 24) to amend the Construction Lien Act (RSO 1990, c C30) (the “Act”). The amendments that have been made to the Act are extensive and substantial, and they both modify and expand upon the Act. This is reflected in the name of the Act being changed to the Construction Act. ... [read more]