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Tuesday, March 12, 2019 @ 3:04 PM

Quebec Appeal Court upholds landmark $17 billion tobacco class action

The Quebec Court of Appeal, in an explicit and stark warning to manufacturers that they will be held liable for damages for breaching their duty to inform, upheld a landmark lower court ruling that ordered three leading Canadian tobacco companies to pay up to $17 billion, including interest, in damages to Quebec smokers, the largest damage award in Canadian history. ... [read more]

Tuesday, March 12, 2019 @ 2:08 PM

Dear federal government: Ignorance of law is no excuse | Heather MacIvor

The rule of law is a fundamental principle of Canada’s Constitution. It requires, first and foremost, that public power be exercised in conformity to the law. Every individual entrusted with government power must do or refrain from doing what the law demands. ... [read more]

Tuesday, March 12, 2019 @ 8:41 AM

Feds launch directive on automated decision making AI_decision_sm

On March 4, 2019, Jane Philpott, president of the Treasury Board and minister of digital government, launched the federal government’s Directive on Automated Decision Making purported to guide government departments in the transparent and accountable use of artificial intelligence (AI). ... [read more]

Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]

Thursday, March 07, 2019 @ 8:39 AM

The SCC rules in Redwater: Losing battles but winning the war abandoned_oilrig_sm

As the energy sector faced economic hardship during the most recent downturn in Alberta, concerns mounted over who would bear the financial responsibility for the reclamation of wells and pipelines when companies with non-producing assets declare bankruptcy. ... [read more]

Tuesday, March 05, 2019 @ 9:41 AM

Company had to prove harm in unveiling of confidential info, says lawyer of insurance dispute

A litigating party using a confidentiality agreement to keep a document secret must “lead evidence” that its disclosure would harm them more than it would benefit court proceedings, says a lawyer of a recent ruling that a report be divulged in an insurance dispute. ... [read more]

Thursday, February 28, 2019 @ 1:48 PM

LAWYERS - Duties and obligations - Duty to counsel - Business advice

Appeal by Salomon and his firm Sternthal Katznelson Montigny LLP (SKM) from a judgment of the Quebec Court of Appeal setting aside a decision of the Quebec Superior Court dismissing a professional negligence claim against them. ... [read more]

Thursday, February 28, 2019 @ 11:18 AM

Common social media concerns for lawyers | Kim McLaughlin

Nobody understands compliance better than a lawyer. It’s no wonder then that lawyers often hesitate when it comes to public communications via social media. In my experience, the big concerns are giving legal advice, confidentiality and solicitation. ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Wednesday, February 27, 2019 @ 9:39 AM

Documenting privacy breaches a must for law firms, lawyer says Andrew_Buck_sm

Law firms must not overlook the legal duty to record all privacy breaches at their organizations — even those they are not required to formally report, says a lawyer set to lecture on the subject. ... [read more]