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In-House Counsel


Wednesday, December 19, 2018 @ 8:35 AM

Heritage Conservation Districts: Owners, developers beware heritage_building_sm

The Ontario Heritage Act (the “Act”) gives municipalities a very powerful development management tool: Heritage Conservation Districts (“HCD”) and their corresponding Heritage Conservation District Plans (“HCD Plan”). Developers and property owners in a proposed HCD should take note. ... [read more]

Tuesday, December 18, 2018 @ 3:08 PM

Changes may be coming to B.C. Labour Code coupleingear_sm.jpg

On Oct. 25, 2018, a committee of three B.C. government appointees released their long-anticipated report setting out a number of proposed changes to the Labour Relations Code of B.C. The panel was appointed in February 2018 to conduct a public consultation and recommend amendments to the Code. ... [read more]

Monday, December 17, 2018 @ 9:44 AM

Stiff penalties for foreign worker non-compliance foreign_workers_sm

Each year, thousands of temporary foreign workers arrive in Canada under the Temporary Foreign Worker Program and the International Mobility Program (IMP). The Temporary Foreign Worker Program (TFWP) involves a process where employers must first obtain a Labour Market Impact Assessment (LMIA) through Employment and Social Development Canada (ESDC) before the foreign worker may apply for a work permit issued by Immigration, Refugees and Citizenship Canada (IRCC). The LMIA involves testing the local labour market and analysing regional labour trends and shortages. All work permits under this program are subject to the compliance regime. ... [read more]

Monday, December 17, 2018 @ 9:18 AM

Canada’s 2019-2021 immigration levels aiming for record | Colin Singer

Canada’s latest three-year immigration levels plan shows how the federal government is embracing managed increases in raising its annual immigration numbers. It will reach a modern-day record 350,000 new immigrants by 2021, with most of the increase weighted toward the economic stream. ... [read more]

Friday, December 14, 2018 @ 11:19 AM

Reconsideration of the doctrine of consideration moneydebate_sm.jpg

“It has been famously said that ‘hard cases make bad law’; sometimes, however, hard cases make new law. Or, at least, they very much encourage the court to do so lest we give credence to Mr. Bumble’s lament in Oliver Twist: ‘If the law supposes that ... the law is a ass.’ ” ... [read more]

Friday, December 14, 2018 @ 9:19 AM

Engage employees on hot button policy issues, labour and employment panel says Harpreet Sidhu sm

Labour and employment concerns can run the gamut, from cannabis and harassment in the workplace, to culture, compliance and employee suicide. Perspectives on how to handle these hot button topics were shared by a panel of in-house and external counsel at the Women in Litigation Toronto Forum. ... [read more]

Friday, December 14, 2018 @ 9:17 AM

Putting ISO 37001 in your anti-corruption compliance toolkit anti_bribery_sm

The annual global cost of bribery is estimated at $1.5 trillion to $2 trillion a year, according to Rhoda Weeks-Brown, general counsel with the International Monetary Fund. She noted that this amounts to roughly two per cent of global GDP. Weeks-Brown made her remarks during her keynote address at the 35th International Conference on the Foreign Corrupt Practices Act on Nov. 28. ... [read more]

Friday, December 14, 2018 @ 9:02 AM

Condition precedent and the automatic termination of a contract

A true condition precedent occurs whenever the rights and obligations of the contracting parties depend on a future uncertain event, the happening of which is beyond the parties’ control and contingent entirely on the will of a third party. Until the event occurs, there is no right to specific performance on either side. ... [read more]

Thursday, December 13, 2018 @ 8:50 AM

Sufficient notice and a ‘peppercorn’ of consideration | Stuart Rudner

We all know that an employer risks a constructive dismissal claim when they unilaterally impose substantial changes to fundamental terms of the employment agreement. But can they do the exact same thing simply by giving the employee notice of the change, rather than having it take effect immediately? As one recent case confirmed, yes, they can. Should they be allowed to? While some people have argued that it is unfair, my view is that if they provide sufficient notice, there is nothing wrong with it. ... [read more]

Wednesday, December 12, 2018 @ 10:34 AM

AI could play a big part in reducing future legal fees AI_research_sm

Recently, the Ontario Superior Court of Justice in the case of Cass v. 1410088 Ontario Inc. 2018 ONSC 6959 commented on the use of artificial intelligence in reducing a successful defendant’s motion preparation costs, notably, the amount of paid resources used to engage in “legal research” prior to the motion. ... [read more]