Focus On

In-House Counsel


Friday, August 23, 2019 @ 11:20 AM

Gig economy certification highlights flaws in independent contractor exception Flamingbicyclist

If you’ve been in downtown Toronto or on Twitter lately, you’ve probably heard about the Foodsters United campaign. Foodora (a food-delivery app) bike couriers are seeking better working conditions from the current “chaotic swirl of cars, cyclists, pedestrians and potholes” while they deliver your lunch or dinner. This union certification drive by the Canadian Union of Postal Workers (CUPW) was an unusually public campaign, with posters on telephone polls and stickers on bike racks across the city. ... [read more]

Friday, August 23, 2019 @ 8:40 AM

Number of civil claims related to financial products rising fast financial_products_sm

We have seen the proliferation of civil claims in respect of financial products in Canada in recent years. These claims have involved different types of widely available investment funds, such as mutual funds, as well as more targeted tax minimization strategies and alternative investment strategies. Plaintiffs’ lawyers are being creative in devising new claims against financial product design, product operation and product sales and compensation. ... [read more]

Thursday, August 22, 2019 @ 1:06 PM

Atlantic pilot program fast track to East Coast immigration businesspeople_racing_sm

The Atlantic Immigration Pilot Program (AIPP) offers a fast route for employers wishing to hire immigrants and for people wishing to immigrate to Atlantic Canada. The AIPP has recently been extended until December 2021. ... [read more]

Wednesday, August 21, 2019 @ 12:20 PM

Beware the CRA audit Man with calculator

No taxpayer wants to be subjected to the dreaded CRA tax audit, especially when it means educating the auditor. This happens more often than you might realize. ... [read more]

Wednesday, August 21, 2019 @ 8:48 AM

Compensation, termination differences between U.S. and Canada employment law USCanadaflags

As noted in part one of this three-part series, Differences between Canadian, American employment law, there is no “at-will” employment in Canada. Employers’ legal obligations with respect to termination depend in part on whether the employee is being dismissed with or without cause. ... [read more]

Wednesday, August 21, 2019 @ 8:34 AM

Board of directors’ climate change checklist: Part two businesswoman_checklist_sm

A few weeks back I hosted an online session where some of the leaders shared their views on transition strategies and how boards need to be able to articulate and act upon climate change risks and opportunities. In my previous article on this topic, I shared two of the five items from a shortened suggested to-do list for the board of directors. Here are the remaining three recommendations. ... [read more]

Monday, August 19, 2019 @ 3:05 PM

Employer or PEO — who is the daddy? Group silhouette with globe

If you’re a Canadian resident working for a U.S. company in Canada, there are a multitude of cross-border implications regarding employment law, payroll reporting, income taxes and Social Security taxes. The evolution of the professional employer organization (PEO) since the 1980s has become a popular solution for U.S. and Canadian employers when employing remote workers. ... [read more]

Monday, August 19, 2019 @ 8:50 AM

Occupational classifications: Are you an economist or an accountant? two_doors_sm

For better or worse, it was a missed opportunity not to reassess the trade national (TN) occupational classification list under NAFTA’s Appendix 1603.D.1 when the United States-Mexico-Canada Agreement (USMCA) was negotiated. It has been 25 years since these occupational classifications were finalized, and updates on what each occupational classification entails in the current workforce would have been welcome. ... [read more]

Friday, August 16, 2019 @ 1:59 PM

For the PM, ‘sorry’ is the hardest word | Heather MacIvor

On Aug. 14 the federal Conflict of Interest and Ethics Commissioner, Mario Dion, released his report (Trudeau II Report) on the Trudeau government’s efforts to interfere with the prosecution of SNC-Lavalin (SNC). Dion concluded that the prime minister violated s. 9 of the Conflict of Interest Act (the Act) when he and his staff pressed former Attorney General (AG) Jody Wilson-Raybould to overrule the Director of Public Prosecutions (DPP) and offer SNC a remediation agreement (Ethics commissioner finds PM improperly sought to influence AG re SNC-Lavalin prosecution). ... [read more]

Thursday, August 15, 2019 @ 12:05 PM

Differences between Canadian, American employment law handheldflags.jpg

For American companies, expanding operations into Canada often makes good business sense. Our similar professional cultures make doing business together easy, and our economic ties make it almost inevitable. However, employers who take our countries’ similarities for granted put themselves in a precarious position. ... [read more]