Focus On

In-House Counsel


Wednesday, November 24, 2021 @ 9:53 AM

Ontario proposes private corporation register of those with ‘significant control’ Pyramid of figures with the top one in red

On Nov. 4, 2021, the Ontario government introduced Bill 43, the Build Ontario Act (Budget Measures), 2021. The bill, among other legislative initiatives, proposes to amend the Ontario Business Corporations Act (OBCA) to require corporations to prepare and maintain a register of individuals with “significant control” over such corporations. The purpose of these amendments is to further align Ontario with federal and other provincial initiatives towards greater corporate transparency. If the bill is passed (as expected), the OBCA amendments will come into force on Jan. 1, 2023. ... [read more]

Tuesday, November 23, 2021 @ 12:47 PM

Substance abuse in workplace deserves empathy, not scorn White-haired woman holding forehead

Employee alcohol and substance abuse may be a disability that needs to be treated and not merely seen as a reason for punishment. ... [read more]

Tuesday, November 23, 2021 @ 9:50 AM

If unceded, does law become unseated? | Stephen O’Neill

“We ask of you please to forward this our petition to the Department at Ottawa. The Chief and councillors assembled to consider our miseries, how we are prevented to fish, how we are put in prison for fishing. It was established by Treaty that here where we live only Indians should dwell, and that the fisheries should be our fisheries all round, this was agreed on Aug. 9th, 1836 by Sir. F. B. Head. Since that time, we never did make any other Agreement with the Government by which the Government could come in possession of what belonged to us, until this day we have never received anything for which we should cease to own what our forefathers owned of old.”   ... [read more]

Tuesday, November 23, 2021 @ 9:23 AM

Income Tax Act has paramountcy over regulations in share distribution case: Federal Court of Appeal

The Federal Court of Appeal has sided with Ottawa in a conflict over how to tax a share transfer from an Ontario-based company to its employees, ruling it should have been treated as income and not under the rules which govern prescribed trusts. ... [read more]

Monday, November 22, 2021 @ 1:46 PM

Climate migration is here, and Canada needs to be ready A family fleeing climate crisis

The 26th Conference of Parties for the United Nations Framework Convention on Climate Change, or “COP26,” recently wrapped up. COP26 reinforced the need for urgent global action on climate change. ... [read more]

Monday, November 22, 2021 @ 11:51 AM

More details needed to assess Ontario’s labour amendments Puzzle workers

The Ontario government’s proposed Working for Workers Act, 2021 contains some employee-friendly provisions including the right to disconnect and a general prohibition vitiating non-competition clauses. However, the employment bar will need more details to determine if it can deliver on its promises or if it is simply window dressing. ... [read more]

Monday, November 22, 2021 @ 8:57 AM

Coalition’s call for automatic pardons ‘important step forward’: Lawyer Daniel Brown, Daniel Brown Law.

A change in the law that would automatically seal an offender’s criminal record following a period of law-abiding behaviour would open the door for vulnerable people lacking the money to apply for a record suspension, says a lawyer. ... [read more]

Friday, November 19, 2021 @ 8:26 AM

Do ‘prospects of success’ determine when limitation clock runs? Starters gun going off

In Ontario, under s. 5(1)(a)(iv) of the Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the Act), the two-year limitation period for most civil lawsuits starts when the plaintiff knows that an action would be an “appropriate means” to remedy their loss. ... [read more]

Thursday, November 18, 2021 @ 9:15 AM

Trademark application backlog due to understaffing, slow response to pandemic: lawyer Antonio Turco, Chari Prenol Slaney Turco.

A Toronto lawyer is calling out Canada’s trademark issuing agency for a backlog in handling Canadian trademark applications and a practice of allowing foreign applicants to leapfrog ahead. Intellectual Property lawyer Antonio Turco says a backlog in the Canadian Intellectual Property Office’s (CIPO) examination of domestic applications is detrimental to Canadians, generally, but especially bad for small businesses — many of which lack the resources to obtain faster service by applying through international channels. ... [read more]

Thursday, November 18, 2021 @ 8:37 AM

Manitoba Court of Appeal on scope of collective bargaining protected by Charter White collar strikers

In early 2015, the Supreme Court of Canada released a trio of rulings, now known as the New Labour Trilogy, which either decided, or re-affirmed, that the three foundational labour rights recognized in international law — the right of employees to organize into a union, the right to strike and the right to collectively bargain — are associational rights protected by s. 2(d) of the Charter of Rights and Freedoms. ... [read more]