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Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]

Monday, October 28, 2019 @ 1:55 PM

International arbitration gets innovative: Cross-border insolvencies arbitration_global_sm

Most of us are familiar with the use of arbitration to resolve international commercial disputes and to resolve claims by foreign investors against host countries under various forms of investor protection treaties. More recently there has been increasing attention on potential innovative uses of arbitration for other forms of disputes, including for climate change and claims by local populations, government bodies and others against foreign controlled natural resource and manufacturing enterprises that are alleged to have caused harm to local populations, including to their environment. ... [read more]

Monday, October 28, 2019 @ 1:46 PM

New harassment, violence framework coming to federal sector CanadianFlagandmoney

Significant new workplace harassment and violence obligations are coming soon to federally-regulated workplaces. ... [read more]

Monday, October 28, 2019 @ 9:45 AM

Social context informs application of precedent in arbitration cases, Alberta Appeal Court says Jonathon Ward

The Alberta Court of Appeal has overturned a lower court’s decision to uphold the reinstatement of a City of Calgary employee who was accused of touching and squeezing a colleague’s breast, saying, while arbitral awards are due deference by courts, it does not preclude judges from probing facts when coming to a decision. ... [read more]

Friday, October 25, 2019 @ 8:39 AM

Beneath the ‘skin’: Money laundering in eSports onlinegaming_avatars_sm

We are in an era of digital transformation. Advancements in the global reach of online gaming are taking the seemingly established sports and entertainment industry and redefining it. ... [read more]

Thursday, October 24, 2019 @ 1:22 PM

The Coach: Where are the profits? | Gary Mitchell

Profits not only come from a lot of hard work and bringing in more clients, they can be found by becoming more efficient, more productive and improving workflow and performance. What I will discuss in this column is conducting audits to measure where you are today and what to do with that information. ... [read more]

Thursday, October 24, 2019 @ 12:20 PM

How to support clients with business interruption insurance claims Scissors cutting road

The Maritimes are still recovering from the damages caused by Hurricane Dorian, which approached the region as a category 2 hurricane in September. Over 450,000 residential and commercial properties incurred property damage and lost power in Nova Scotia, New Brunswick and Prince Edward Island. ... [read more]

Wednesday, October 23, 2019 @ 11:27 AM

Using Pierringer agreements in class proceedings three_puzzle_sm

Pierringer settlement agreements have been increasingly utilized in Canada. ... [read more]

Tuesday, October 22, 2019 @ 10:56 AM

Accounting for business interruption loss after cyber attack Number 404 with plugs

Cyber attacks are becoming more sophisticated, leading to an increase in the size and volume of cyber insurance claims. This article discusses how cyber losses can result in a business interruption loss and how companies should go about documenting and quantifying these losses should they occur. ... [read more]

Tuesday, October 22, 2019 @ 9:22 AM

Federal decision lifts discipline restriction on not-for-profits compliance_list_sm

On July 30, 2019, the Federal Court released its decision in Watto v. Immigration Consultants of Canada Regulatory Council 2019 FC 1024, holding that s. 158 of the Canada Not-for-profit Corporations Act (CNCA) does not restrict the power to discipline a member or to terminate their membership to only “the directors, the members or any committee of directors or members of a corporation.” This case was one of numerous court proceedings initiated by a disaffected member of the Immigration Consultants of Canada Regulatory Council (ICCRC), which is a federal not-for-profit corporation incorporated under the CNCA. ... [read more]