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In-House Counsel


Monday, March 23, 2020 @ 1:27 PM

Nova Scotia announces state of emergency, fines for not self-isolating

Nova Scotia has gone hardline in its fight to curb the spread of COVID-19, declaring a provincial state of emergency and threatening to fine those who refuse to practise social distancing. ... [read more]

Monday, March 23, 2020 @ 1:00 PM - Last Updated: Monday, March 23, 2020 @ 3:40 PM

Lawyers divided over protection provided by new Ontario infectious disease legislation Andrew_Monkhouse_sm

Labour and employment lawyers in Ontario are divided on whether the recently passed Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 goes far enough to protect workers and provide direction for employers during the COVID-19 pandemic. ... [read more]

Monday, March 23, 2020 @ 11:14 AM

Employers must be mindful of wrongful dismissal during COVID-19 Maskedworker.jpg

As businesses contemplate their employment needs and costs during COVID-19 and uncertain business interruption, it is important that plans are in place. Under the state of emergency and consistent with the public health directives, it is essential individuals practise social distancing and isolation as much as possible. People are being encouraged to stay home to protect themselves and their families. This message should be supported by business and employers as it is an all-encompassing message. ... [read more]

Monday, March 23, 2020 @ 8:43 AM

Governance for charities, not-for-profits: Back to basics documents_corporate_sm

As charities and not-for-profits continue to play an important role in Canadian society, it is important to ensure that they maintain good governance and keep abreast of governance issues that may arise. In general terms, “governance” is the establishment, implementation and monitoring of appropriate rules and policies by an organization’s governing body in order to achieve its purposes. Proper governance requires appropriate structural and operational due diligence and effective decision-making. This article provides a brief overview of some common questions and issues that arise regarding governance for charities and not-for-profits concerning governing documents and bylaws. ... [read more]

Friday, March 20, 2020 @ 2:21 PM

What you have to know when pandemic forces you to work from home | Russell Bennett

When I started my law firm (of one) almost two years ago, I decided to work from home. ... [read more]

Friday, March 20, 2020 @ 9:33 AM

A checklist for franchise causes of action: Damages franchise_magnify_sm

The provincial statutes provide for various exemptions to the obligation to provide a disclosure document. (As with the previous article, references to statutory sections are to provisional Franchise Acts in British Columbia, Manitoba, Ontario, New Brunswick and P.E.I.; the Alberta statute has somewhat different provisions.) The party claiming the exemption, i.e. the franchisor, has the burden of proving the exemption. ... [read more]

Thursday, March 19, 2020 @ 3:11 PM

Canadian businesses asking questions about force majeure in light of COVID-19 Preet_Bell

Forced to navigate the daunting challenges wreaked by the precipitous outbreak of the COVID-19 pandemic, Canadian businesses are beginning to consider whether to invoke force majeure clauses and the common law doctrine of frustration to assuage the impact of the crisis on their business, according to corporate lawyers. ... [read more]

Thursday, March 19, 2020 @ 9:21 AM

Condo life in time of COVID-19 masked girl

On March 11, 2020, the World Health Organization (WHO) declared COVID-19 as a pandemic, with the number of cases outside China increasing thirteenfold over the past two weeks. ... [read more]

Wednesday, March 18, 2020 @ 1:24 PM

Employers need plan to protect business, workplaces Haltcorona.jpg

Further to “Employers’ need to know obligations in face of pandemic” released on March 17, it’s time for part two to develop a plan for action. ... [read more]

Wednesday, March 18, 2020 @ 1:10 PM

Run but not hide: ‎Collection challenges for securities regulators money_magnet_sm

The ease with which securities misconduct permeates national borders contributes to the collection ‎challenges faced by securities regulators. However, an upcoming decision of the Nevada Supreme Court may signal a significant change for Canadian securities regulators attempting to enforce disgorgement orders against Canadian nationals residing in the United States. ... [read more]