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Tuesday, February 19, 2019 @ 12:59 PM

The difference between a cryptocurrency and a crypto commodity crypto_tax_sm

When bitcoin peaked at almost US$20,000 in late 2017 and cryptocurrencies came to the forefront of global news, much speculation and consideration was given to viability, growth and the future of cryptocurrencies. While regulators were concerned with protecting investors, we focused on understanding digital currencies to properly advise our clients. ... [read more]

Tuesday, February 19, 2019 @ 12:53 PM

B.C. Appeal Court decision removes any doubt about adverse discrimination test: lawyer James Kondopulos, Roper Greyell LLP

The B.C. Court of Appeal has affirmed a test for adverse discrimination on the grounds of family status, a decision the appellant’s lawyer says helps to prevent the floodgates opening to employers being overwhelmed by routine caregiving obligation requests. The case in Envirocon Environmental Services, ULC v. Suen 2019 BCCA 46 involves a discrimination claim brought forward by Brian Suen against his former employer. ... [read more]

Tuesday, February 19, 2019 @ 11:50 AM

Ageism in law and what to do about it | Warren Bongard

This topic seems to creep into many of my conversations of late, and I wonder if the main reason is my own age. The legal profession has served me well over the last 25 years and I am far from being in a place to criticize the profession. That said, over the last decade or so, I have noticed a spike in underemployed lawyers. Sadly, many of them are my peers and I will attempt to explain the reasons why, but more importantly, find a solution for those looking to fill in a few hours, days or more each week. ... [read more]

Tuesday, February 19, 2019 @ 9:23 AM

For Uber, the devil was in arbitration clause | Stuart Rudner

For as long as I can remember, the employment law bar has complained about the fact that we do not have a specialized court to address employment disputes. I have been encouraging employment and corporate lawyers to include arbitration clauses in their contracts of employment for quite some time now. The reason is simple: the parties can avoid the delays, inefficiencies and unpredictability of the standard civil litigation process by establishing a process customized to the specific case and presided over by a subject-matter expert. ... [read more]

Thursday, February 14, 2019 @ 2:31 PM

Decisions involving termination of long-term employees should concern employers olderguyatdesk_sm.jpg

Employers considering terminating long-term employees in Canada should be aware of two relatively recent decisions. In one case, Dawe v. Equitable Life Insurance Co. of Canada 2018 ONSC 3130, the terminated employee, age 62, was a highly paid senior vice-president employed for 37 years when terminated. In the second case, Bailey v. Service Corp.International (Canada) ULC  [2018] B.C.J. No. 274, the 60-year-old employee had held a sales position for 17 years when terminated. These cases suggest that some courts believe that long-term employees of advanced age should not be terminated without being provided the financial equivalent of what they would have received had they been given reasonable notice. ... [read more]

Thursday, February 14, 2019 @ 1:35 PM

Imperfect science of cannabis impairment testing potleafdesk

Employers face a serious challenge in cannabis testing in the workplace — the current science cannot test for present impairment. Cannabis has unique qualities that make it unlike other drugs or alcohol. It is processed differently by the body, creates inactive byproducts and is retained in body tissue for weeks or longer. ... [read more]

Thursday, February 14, 2019 @ 9:44 AM

Pass the edibles: Proposed amendments to Cannabis Act cannabis_candy_sm

The federal government recently took a step forward to provide Canadians with additional means to indulge their cannabis craving. On Dec. 22, 2018, the proposed amendments to the Federal Cannabis Act (the Act) and the Cannabis Regulations (the Regulations) were released, paving the way for the legal sale of edibles, extracts and topicals containing cannabis. It is anticipated that these proposed amendments to the Act and Regulations will permit the sale of such products by Oct. 17, 2019; however, the legislation can provide for the legal sale of such products earlier if so declared by royal order. ... [read more]

Wednesday, February 13, 2019 @ 1:14 PM - Last Updated: Friday, February 15, 2019 @ 9:37 AM

Accommodation workshop to tackle gender identity, ‘needs’ versus ‘wants’ Stephanie_Ramsay_sm

The duty to accommodate gender identity in the workplace is a “hot button issue” for employers due to it still being new territory, says a lawyer set to lecture on the subject. This will be one of several topics to be discussed during Hicks Morley’s Feb. 26 Accommodation Training Workshop in downtown Toronto ... [read more]

Wednesday, February 13, 2019 @ 11:25 AM

Quebec Appeal Court assigns damages for failure to inform Missingpuzzlepiece

In Monarque du Richelieu Inc. v. Boisé Richelieu Inc. 2018 QCCA 2168, the Quebec Appeal Court reversed a trial decision and ordered corporate vendors and their executive to pay damages to the purchaser for failure to volunteer information affecting lands adjacent to those purchased which would have affected the buyer’s negotiations and consent to contract. ... [read more]

Wednesday, February 13, 2019 @ 9:35 AM

Are your website’s terms of use enforceable? terms_conditions_sm

The number of sophisticated businesses that have unenforceable website terms of use is surprising. In this article, I focus on website terms of use that are expressed as browse-wrap agreements as opposed to as click-wrap agreements. ... [read more]