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In-House Counsel

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Monday, March 26, 2018 @ 9:22 AM

Ticking all the boxes of a workplace sexual harassment policy harassment_policy_sm

As a result of the increased publicity, workplace sexual harassment policies are being challenged and criticized for being too vague or written in a biased way that protects the organization or upper management. Now more than ever, employers need to ensure that due diligence is consistently applied when dealing with sexual harassment complaints and that the internal policy is reflective of that commitment. ... [read more]

Monday, March 26, 2018 @ 9:11 AM

Why appealing commercial arbitration awards is an uphill struggle uphill_struggle_sm

Nowhere is the policy underlying commercial arbitration more important than where an appellate Court subjects an arbitral award to judicial scrutiny.  Canadian appeal Courts are increasingly showing deference to commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties’ dispute. ... [read more]

Friday, March 23, 2018 @ 12:58 PM

Speakers at in-house counsel summit stress need for leadership skills Ingrid Minott and Nyree Embiricos

Being an in-house counsel involves more than simply offering legal advice to an organization. It also means acting as a leader, and as such, it’s up to those in that position to take steps to improve their leadership skills. ... [read more]

Thursday, March 22, 2018 @ 9:07 AM

How E visas help Canadian companies expand into the U.S. american_visa_sm

A Canadian company that has expanded or plans to expand into the U.S. should consider the E visa as a vehicle for movement of workers. There are two types of E visa, the E-1 Treaty Trader and E-2 Treaty Investor. Both are available under the North American Free Trade Agreement. ... [read more]

Thursday, March 22, 2018 @ 8:51 AM

Hi-Tech: Speed of light document analysis | Luigi Benetton

Software developers have been automating low-level document review decision-making for years. That automation helps lawyers zero-in on relevant language faster. The end game? Faster review speeds can result in lower costs for clients and improved competitiveness for lawyers. ... [read more]

Wednesday, March 21, 2018 @ 1:30 PM

Compensation for women in-house counsel still lagging: report Dal Bhathal

Female in-house counsel still earn less than their male counterparts, even if that pay gap has narrowed. That’s particularly true for women in senior positions in their organizations. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]

Monday, March 19, 2018 @ 2:05 PM

New federal rules on auto recalls overdue, lawyers say Dale Orlando, McLeish Orlando LLP

The federal government has been given new powers to order motor vehicle recalls, a move observers say was long overdue and necessary due to major shifts coming in terms of technology in people’s cars and the legal profession generally. ... [read more]

Monday, March 19, 2018 @ 9:29 AM

Judge who sexually harassed court staffer quietly quit; unlike the U.S., #MeToo hasn’t hit Canadian judiciary TLD Exclusive

A superior court judge who subjected a court staffer to sexualized contact in the workplace quietly resigned after a Canadian Judicial Council (CJC) investigation, without the judicial disciplinary body publicly disclosing his actions until now. ... [read more]

Monday, March 19, 2018 @ 8:48 AM

Sufficiency of reasons in arbitration awards: A variable standard arbitration_decision_sm

The domestic Arbitration Act that is shared by most Canadian jurisdictions contains a provision that requires that an arbitral tribunal provide a written award that contains the reason on which it is based. The standard that must be met by an arbitral tribunal in order to discharge this statutory obligation remains the subject of debate, especially in a context where there are few decided cases in Canada. ... [read more]