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In-House Counsel


Tuesday, June 05, 2018 @ 10:34 AM

How to help your employees do their democratic duty electionbox_sm.jpg

Voting is a fundamental right and Thursday June 7’s provincial election promises to be a transformative event for Ontario. Many employers have been fielding questions along the lines of “do I get Thursday afternoon off?” ... [read more]

Tuesday, June 05, 2018 @ 9:05 AM

Forward into the past: backdating legal agreements backdated_document_sm

On several occasions in my practice, I have been called upon to backdate a document. Such requests may not be as innocent as they seem. ... [read more]

Friday, June 01, 2018 @ 8:31 AM

Following the money: Decision illustrates CRA’s determination follow_money_sm

Taxpayers should comply with all appropriate audit requests by the Canada Revenue Agency (CRA). Its auditors have extensive powers under the Income Tax Act. Generally speaking, unless information or documents are protected by privilege or beyond the scope of the audit request, everything an auditor requests must be provided. Otherwise, the CRA will relentlessly deploy progressively forceful tools, including requirements and compliance orders, culminating in fines and imprisonment for deliberate and wilful contempt. ... [read more]

Wednesday, May 30, 2018 @ 12:57 PM

Rise in workplace harassment awareness akin to #MeToo, says lawyer Heather_Jensen_sm

A rise in overall awareness, an employers’ duty to accommodate and dealing with “difficult” people and unfounded claims are set to be discussed in an upcoming audio conference on workplace bullying. ... [read more]

Wednesday, May 30, 2018 @ 8:39 AM

Privilege claims in international arbitration international_arbitration_sm

In Ontario, as in all other provinces, the legislation regulating international commercial arbitrations is silent on privilege claims. Unlike the domestic Arbitration Act, 1991, where privileged matters are inadmissible, privilege claims under the International Commercial Arbitration Act of Ontario may be subject to foreign laws, which may not recognize the same privileges as in Ontario. ... [read more]

Tuesday, May 29, 2018 @ 8:45 AM

The Ontario election: possible impact on energy projects | Caroline Jageman

As was the case in the last two Ontario provincial elections, energy policy is again a central issue in 2018. The incumbent Liberals pledge to stay the course on a green, low carbon economy. The PC Party has indicated it intends to make sweeping changes. The NDP promises to continue with a renewables policy and a carbon pricing program. Andrea Horwath has also indicated that, if elected, the NDP would buy back Hydro One. ... [read more]

Monday, May 28, 2018 @ 12:35 PM

Court tosses Ecuadorian case vs. Chevron Canada, but ‘corporate separateness’ principles questioned Peter_Grant_sm

The lost Ontario appeal of Ecuadorian villagers seeking billions from the Canadian subsidiary of a U.S. energy company for environmental damage caused in their homeland speaks to “bedrock principles” of corporate separateness, but leaves a door slightly open for future courtroom debate, says one legal mind. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]

Thursday, May 24, 2018 @ 9:45 AM

Technology and cannabis branding: The ‘Entourage Effect’ cannabis_technology_sm

Our previous articles explored diversification of products and licences under the Cannabis Act when Bill C-45 comes into effect. Brands will be defined within significant regulatory restrictions on labelling, packaging and advertising. Product diversification, including new dosage forms of dried cannabis (pre-rolls and vaporization pods) and new forms of cannabis (edibles and concentrates), provides a matrix of different forms of cannabis with varying levels of delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). ... [read more]

Thursday, May 24, 2018 @ 8:35 AM

New OSC rule for distributions outside Canada canadian_securities_sm

On March 31, 2018, the Ontario Securities Commission (the OSC) adopted a new "distributions out" regime for Ontario-based issuers and security holders with respect to distributions of securities outside of Canada. ... [read more]