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In-House Counsel


Tuesday, January 16, 2018 @ 1:14 PM

Appeal Court rules virtual presence in B.C. enough to enforce production order

The B.C. Court of Appeal has overturned a decision on the enforceability of a production order under the Criminal Code, saying U.S.-based Internet company Craigslist’s virtual presence in the province is enough to establish it as a person under the law. ... [read more]

Monday, January 15, 2018 @ 8:33 AM

Ontario minimum wage hike: Good idea, bad execution | Stuart Rudner

Is a 20 per cent increase in the minimum wage good for the economy, or a devastating blow to some businesses that will lead to the elimination of large numbers of jobs? On one hand, individuals should be paid a living wage. On the other, an increase in your hourly wage is meaningless if your hours are cut, or your job is eliminated altogether. As is usually the case, there is no simple answer. The problem may not be the fact that the minimum wage was increased, but the manner in which the increase was introduced. ... [read more]

Monday, January 15, 2018 @ 8:29 AM

A torrent of claims: Preparing for a new era in copyright torrent_copyright_sm

It might start with a notice or two. There is a first Doe, and another, and then a Norwich order or two. Finally, a statement of claim arrives at your client’s doorstep. Another torrenting action is launched, and your client must respond. his used to be an unlikely scenario. Now, the Supreme Court is set to hear a case about $150 that could change the trend of copyright enforcement in Canada. ... [read more]

Friday, January 12, 2018 @ 9:47 AM

The Tax Court of Canada’s exclusive jurisdiction

The issue of choosing the correct court has been a problem for lawyers for 200 years, and it remains a concern when dealing with the Canada Revenue Agency (CRA). ... [read more]

Thursday, January 11, 2018 @ 12:17 PM

French language still needs protection, Quebec Court of Appeal rules David Robitaille

A bid to overturn Quebec’s sign law by a group of anglophone merchants suffered another setback after the Quebec Court of Appeal upheld two lower court rulings which maintained that the French language is still vulnerable in Quebec and continues to need protection even though it has made “modest progress” in recent decades. ... [read more]

Thursday, January 11, 2018 @ 9:26 AM

Revamped Alberta labour rules may have big impact on small business Damian Rigolo, Osler Hoskin & Harcourt LLP

Workers and employers in Alberta awoke Jan. 1 to a raft of new employment standards regulations, which observers say were overdue in many ways but include a number of complex new rules to which smaller businesses may have difficulty adapting. ... [read more]

Wednesday, January 10, 2018 @ 10:44 AM

Ruling on termination clause shows balance in review of contracts, counsel says William Anderson sm

The Ontario Court of Appeal has allowed, in part, an employee’s appeal for damages arising out of a termination without cause, in a decision counsel says shows courts are examining termination clauses with a sense of balance. ... [read more]

Wednesday, January 10, 2018 @ 9:51 AM

Minimum wage hikes: Clawing back employee benefits

Recent changes to the Employment Standards Act has increased payroll costs for many Ontario employers. Employers who employ workers who are paid the minimum wage are disproportionately impacted by these changes. It was recently reported that a Tim Hortons franchisee eliminated paid breaks and paid employee benefits in response to these changes. This is one possible response to these increased payroll costs. ... [read more]

Wednesday, January 10, 2018 @ 8:40 AM

Net neutrality: Ensuring free flow of information while protecting ISP networks

Net neutrality received considerable attention at the end of 2017 after the announcement from the U.S. Federal Communications Commission stating its intention, and later its decision, to repeal U.S. net neutrality regulations passed by the Obama administration. At present, there appears to be little appetite for similar action scaling back of net neutrality from the Canadian government or the CRTC. ... [read more]

Wednesday, January 10, 2018 @ 8:22 AM

Tax Views: Complex, uncertain split income rules not a good start to 2018 | Vern Krishna

We start the new year enthusiastic about our achievements in Canada. We are also mindful of the chaos that the minister of Finance caused last year with his tax reform proposals to promote so-called “fairness” for the middle class. The new taxes on split income (TOSI) target income shifting among shareholders of private corporations, such as professional corporations. ... [read more]