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Friday, November 08, 2019 @ 12:33 PM

Benefit corporations: Legislators should tread lightly good_corporation_sm

The advent of the burgeoning benefit corporation movement represents a subtle but fundamental change in the way for-profit companies choose to do business. And Canadian legislators, who have been slow to act in support of this movement, should address it with comparable subtlety, recognizing that the movement is an evolution of existing law, bears no relationship to the not-for–profit sector and does not require a host of new regulatory approaches. ... [read more]

Thursday, November 07, 2019 @ 7:51 AM

Cloud security myth: Client data stored in Canada more secure cloud_security_sm

One of the key attributes of modernizing the tools and software used by law firms is migrating to cloud solutions, which offer greater reliability, features and security vis-a-vis on-premises software solutions. Despite the benefits, I routinely encounter the great myth of cloud technology within the first few minutes of any call, notably “Where is the data stored?” or “Is everything stored in Canada?” ... [read more]

Wednesday, November 06, 2019 @ 1:53 PM

International arbitration gets innovative: Privacy, confidentiality and appeals arbitration_global_sm

In the first article in this series, I wrote about innovative uses of international arbitration and the increasing attention on using arbitration for other forms of disputes. Despite the reasons articulated by Judge Gropper (The Arbitration of Cross-Border Business Insolvencies) why parties might wish to agree to arbitration in cross-border insolvency matters, there does not appear to have been a rush to do so. Yet the fundamental concept and reasons supporting it are logical. It may be that more work is needed. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Tuesday, November 05, 2019 @ 11:16 AM

Nova Scotia OKs electronic record keeping, corporate practices digital_records_sm

We are living in a time where there is great potential to improve business practices through the effective implementation of technology. Upcoming amendments to the Nova Scotia Companies Act, RS c 81, s 1., Co-operative Associations Act RS c 98, s 1, and Corporations Registrations Act RS c 101, s 1, will permit the electronic storage of books and records for both companies and co-operatives. A number of other key updates include facilitating director business by way of electronic meetings for co-operatives and authorizing the Registrar of Joint Stock Companies (Registrar) to issue electronic certificates. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Monday, November 04, 2019 @ 12:06 PM

Interveners in SCC Uber appeal offer minimal intervention solutions | Barry Leon

On Nov. 6 when the Supreme Court of Canada hears the appeal in Uber v. Heller 2019 ONCA 1, some 18 interveners will be on hand to assist the court. ... [read more]

Friday, November 01, 2019 @ 11:15 AM

In-house legal at pivot point of innovation leading_innovation_sm

A recent Altman Weil study found that the number one reason firms weren’t doing more to change the way the way they deliver legal services is because clients weren’t asking. Yes, a law firm not proactively improving client services has poor business strategy; but that is pretty rare. The problem of how to improve the delivery of legal services is more complicated than that. What incentives are clients giving for law firms to improve? ... [read more]

Thursday, October 31, 2019 @ 1:23 PM

Overview of employee leave entitlements across Canada B&Wcrowds.jpg

This article is the fourth in a series in which we provide a general understanding of the laws and regulations that impact employment and labour in Canada. While every effort has been made to cover developments up to the date of publication, the current status of any legislation should be verified by counsel. ... [read more]

Thursday, October 31, 2019 @ 12:39 PM

Transactional common interest privilege: Not over til it’s over gears_transaction_sm

The chatter on Toronto’s Bay Street is that transactional common interest privilege is settled law in Canada and that its recent near-death experience was put to bed by the Federal Court of Appeal in Iggillis Holdings Inc. v. Canada (National Revenue) 2018 FCA 51. Nothing could be further from the truth. While the decision accepts that transactional common interest privilege is a recognized privilege in some jurisdictions, it fails to address a number of important issues identified by the Federal Court that call into question its very existence. ... [read more]