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Monday, March 19, 2018 @ 8:39 AM

Avoid nasty surprises by preparing your client for mediation | Stuart Rudner

When I am chosen to mediate an employment law dispute, my goal is to help the parties reach a reasonable resolution. In the vast majority of cases, I am successful in doing so. However, this is occasionally despite the fact that “unexpected” issues arise which delay or derail the discussions. I put unexpected in quotes because they may not have been anticipated by the parties, but counsel should have discussed them in advance as part of the preparation for mediation. ... [read more]

Thursday, March 15, 2018 @ 12:35 PM

In-house counsel need to embrace AI, Law Society of Ontario summit told Maya_Medeiros_and_Shelby_Austin

In-house counsel need to jump on the artificial intelligence (AI) technology bandwagon if they want to keep up with where the legal industry is heading. ... [read more]

Thursday, March 15, 2018 @ 9:01 AM

Budget tries to keep it simple with two proposed tax changes passive_investments_sm

The Trudeau government brought down its third budget earlier this month. The most significant changes related to private corporations — the backbone of Canada’s economy and the well known engine of job creation. The sugar that helped the medicine go down was a reduction in corporate tax rates. ... [read more]

Wednesday, March 14, 2018 @ 8:43 AM

The high-tech border: Risks and opportunities smartphone_immigration_sm

U.S. Customs and Border Protection (CBP) is working to optimize resources using technology to streamline trade and individual border crossings. As America takes an increasingly protectionist stance on immigration, risks must be closely analyzed alongside opportunities in order to proactively and responsibly advise clients about what they may face when entering into the U.S. ... [read more]

Tuesday, March 13, 2018 @ 8:54 AM

Why we need an Anti-#MeToo movement | Laurelly Dale

An interview with criminal defence counsel and feminist Angela Chaisson was published in The Lawyer’s Daily on March 1. In it, she calls for the legal profession to have its own #MeToo movement. Changing behaviour and process is difficult. I commend the #MeToo movement for cultivating a culture of intolerance; however, it has deprived those accused of a fair process and presumption of innocence. Important safeguards are being washed away at its expense. ... [read more]

Tuesday, March 13, 2018 @ 8:41 AM

Balancing fairness, efficiency under International Commercial Arbitration Act fairness_efficiancy_sm

​​​​The new International Commercial Arbitration Act of Ontario contains a mechanism for the correction and interpretation of an award and provisions allowing the arbitral tribunal to make additional awards. The Act adopts the UNCITRAL Model Law which has also been adopted by a number of other foreign jurisdictions. ... [read more]

Monday, March 12, 2018 @ 9:04 AM

Decision clarifies rules on communication of documents outside Quebec blocked_communication_sm

The Superior Court in Elie v. Ouimet 2018 QCCS 522 dismissed an application for the execution of a rogatory commission at the request of a U.S. court on the grounds that Quebec’s Business Concerns Records Act (BCRA) prohibited communication of documents and oral testimony regarding the handling of those documents. ... [read more]

Friday, March 09, 2018 @ 9:25 AM

Labour and employment lawyers predict pushback on Pay Transparency Act Inna Koldorf sm

Ontario’s recently launched pay transparency legislation may make the province a leader in tackling pay equity, but labour and employment lawyers are predicting a pushback as companies are still adjusting to recent amendments to the Employment Standards Act. ... [read more]

Friday, March 09, 2018 @ 8:53 AM

If you think cryptocurrency income is hidden from the CRA, you’re wrong bitcoin_revealed_sm

Much is written about how the Canada Revenue Agency (CRA) taxes income or capital gains earned from the disposition of bitcoins and other cryptocurrencies (collectively called BTC). Something that has not attracted much attention is CRA’s power to obtain information from third parties about BTC holdings and transactions of Canadian taxpayers. ... [read more]

Thursday, March 08, 2018 @ 2:28 PM

Worker group says safety ‘not negotiable’ after employer found guilty in workplace fatality

A general contractor has been found guilty of manslaughter after one of his employees was killed by being buried in a trench, marking the first time in Quebec that a breach of provincial occupational health and safety legislation served as the basis for a manslaughter conviction under the Criminal Code. ... [read more]