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Monday, December 02, 2019 @ 11:33 AM

Gender diversity in legislative drafting act | Lawrence David

One never truly knows to where a simple cup of vanilla chai can possibly lead. Case in point: I went to an unnamed, yet well-known coffee shop around the block after a day of writing. Aside from placing my order, I had an incredibly insightful conversation with a barista. Their name is Jaclyn, and they are an exemplar of human warmth, decency and going above and beyond preparing a customer a cup of vanilla chai. Jaclyn inspired this column and I am privileged to dedicate it to them. ... [read more]

Friday, November 29, 2019 @ 11:09 AM

Bitcoin, the OSC and the retail asset management market bitcoin_stockmarket_s

A panel of the Ontario Securities Commission (OSC) has reversed a decision of the director of the Investment Funds & Structured Products Branch of the commission (the director) that denied the issuance of a receipt for a final prospectus of the Bitcoin Fund (the fund). The decision will allow the fund to be listed for trading on major Canadian stock exchanges. ... [read more]

Thursday, November 28, 2019 @ 2:18 PM

Occasional flexibility does not alter terms, conditions of employment contracts Stopwatch

The Divisional Court of Ontario’s Superior Court of Justice recently dismissed an appeal in Peternel v. Custom Granite & Marble Ltd., with costs, finding that an employer’s occasional leniency with regard to an employee’s terms and conditions of employment does not render those requirements unenforceable (Peternel v. Custom Granite & Marble Ltd. [2018] O.J. No. 3027; Peternel v. Custom Granite & Marble Ltd. [2019] O.J. No. 4413). ... [read more]

Thursday, November 28, 2019 @ 8:51 AM

Two sides of same coin: Derivative action and oppression remedy looney_sides_sm

One of the most fundamental principles of Canadian corporate law is that a corporation has a legal personality distinct from its shareholders. At common law, shareholders were precluded from bringing their own action in respect of a wrong done to the corporation. Even majority or controlling shareholders had no personal cause of action for a wrong done to the corporation (Foss v. Harbottle (1843), 67 E.R. 189, 2 Hare 461 (Eng. V.C.)). ... [read more]

Wednesday, November 27, 2019 @ 2:33 PM

Resolving debate on transactional common interest privilege gears_transaction_sm

An emissary of Bay Street, Maureen Littlejohn, has come forward in response to my article of Oct. 31, 2019 to champion transactional common interest privilege. This was at issue in the Federal Courts’ decisions in Iggillis Holdings Inc. v. Canada (National Revenue) 2016 FC 1352 and Iggillis Holdings Inc. v. Canada (National Revenue) 2018 FCA 51. ... [read more]

Wednesday, November 27, 2019 @ 8:53 AM

No need for Quebec’s Bill 21 in multi-religious society canadianflag_quebecflag_sm

Our previous article introduced Quebec’s recently passed Bill 21, An Act Respecting the Laicity of the State, the intention of which is to affirm the laicity, or secularity, of the state. Among other things, the Act is troubling in that it prohibits members of minority religious groups who wear religious symbols from holding significant positions of power in the Quebec government, such as minister of Justice and attorney general, director of criminal and penal prosecutions, government lawyers such as criminal and penal prosecuting attorneys, peace officers, and members of administrative tribunals and commissions such as the Public Service Commission, the Parole Commission, the Quebec Transportation Commission, and many others. It is problematic that members of religious minority communities who have historically been underrepresented in these positions of power are now excluded. ... [read more]

Tuesday, November 26, 2019 @ 8:35 AM

Decision on constructive dismissal a game breaker | Julius Melnitzer

The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. ... [read more]

Monday, November 25, 2019 @ 11:14 AM

Supreme Court’s municipal law ruling shakes up commercial contracting in Quebec: expert Pier-Olivier_Fradette

Towns and cities in Quebec will have to “tighten up drastically” their control of commercial engagements between their employees and goods and service providers in the wake of a Supreme Court of Canada ruling which shakes up settled law, says a municipal law specialist. ... [read more]

Friday, November 22, 2019 @ 1:56 PM

Amicus curiae appointments in class actions extra_lawyer_sm

From time to time, the court, in a class proceeding, has appointed counsel as amicus curiae. Amicus curiae, is Latin for “friend of the court.” This is someone not already counsel for a party in the proceeding. In the class proceedings context, an amicus appointment may be particularly helpful at points in the proceeding where the reasonableness of a step has to be considered by the court in a non-adversarial setting, including at the settlement approval stage of the litigation and on a motion to approve class counsel’s legal fees. ... [read more]

Friday, November 22, 2019 @ 12:15 PM

Court rules Edmonton radio station ‘created confusion’ with brand similar to rival Thomas Kurys, Wilson Lue LLP

A power struggle over the branding of a radio station in Edmonton has ended with a judge granting an injunction ordering it to stop using its current name and logo, ruling they damage the reputation of a rival company which had employed a similar brand in the past. ... [read more]