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Wednesday, June 24, 2020 @ 8:51 AM

Ethics during the pandemic: Avoiding Faustian bargain | Joël Roy

As trial attorneys, to say our professional (and, often, personal) lives have been turned upside down by COVID-19 would be a major understatement. Postponed trials, anxious clients and a growing sense of helplessness have surely marked our practices in these troubled times. Yet, many of us see the justice system’s increased openness to technology as one potential silver lining. Indeed, courts now seem more and more willing to engage in remote hearings, virtual discovery and e-filing, which is truly something to celebrate amidst the otherwise chaotic state of litigation across the country. ... [read more]

Tuesday, June 23, 2020 @ 2:38 PM

Alberta and Ontario courts warm to videoconferencing zoom_screen_sm

Despite differences in the applicable court rules, recent cases from Ontario and Alberta in the context of COVID-19 social distancing restrictions demonstrate a similar willingness to use videoconferencing to facilitate cross-examinations on affidavits and questioning for discovery. ... [read more]

Tuesday, June 23, 2020 @ 2:07 PM

Federal return-to-work guide underscores benefits of remote employees twopeoplezooming

The cost savings and efficiencies created by remote work have been celebrated by my firm for years, and as 2020 continues to unfold, support for remote working arrangements continues to amplify — including at the federal level. ... [read more]

Monday, June 22, 2020 @ 1:52 PM

Boardroom spotlight on new global standards global_spotlight_sm

Environment, social and governance (ESG) factors have become key strategic boardroom concerns. A recent round table discussion, Measuring Stakeholder Capitalism — ESG, Metrics & the Board’s Role, featured global leaders discussing international efforts to harmonize ESG standards.  ... [read more]

Friday, June 19, 2020 @ 8:54 AM

Justice and the pandemic: How Canada ranks Canada_COVID_sm

This article is the second of a three-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]

Thursday, June 18, 2020 @ 2:05 PM

How to limit recruitment costs post-COVID-19 threemenpushingballs

In part one of this series, I discussed the potential actions your firm may have needed to take to respond to this crisis to ensure the survival of your firm and its legacy. In that same vein, in this column, I will highlight some strategies that you may have taken or should have taken to ensure you keep your people. ... [read more]

Thursday, June 18, 2020 @ 2:02 PM

The reopening: Rundown on franchise system changes system_changes_sm

As businesses start to reopen more fulsome operations, retail franchises may need to implement changes to their premises and sometimes to their systems and even business models. Changes may range from the simple addition of safety fixtures on the premises, to adding new product lines or delivery methods. Franchisees, in turn, may be required to make these changes to their operations, often at a significant cost. ... [read more]

Thursday, June 18, 2020 @ 12:54 PM

Interpreting Ontario’s new employment regulation: O. Reg. 228/20 Tugowar.jpg

On May 29, 2020, the Ontario government somewhat unexpectedly issued O. Reg. 228/20 which limits the liability of employers relative to layoffs and/or constructive dismissal claims that occur during the COVID-19 pandemic. ... [read more]

Wednesday, June 17, 2020 @ 1:55 PM

Why commercial realities matter in contractual rectification contract_gears_sm

In 2016, the Supreme Court of Canada affirmed in Canada (AG) v. Fairmont Hotels 2016 SCC 56, that contractual rectification is available to correct written contracts which inaccurately record the parties’ bargain. ... [read more]

Tuesday, June 16, 2020 @ 12:16 PM

Reimagining the workplace: Mitigating cross-jurisdictional risks mask_keyboard_sm

As governments now start to relax certain COVID-19-related emergency measures, the reopening and return to the workplace now appears to be in sight. With unemployment rates in Canada at record highs and millions of Canadians on temporary layoffs, job-protected leaves, or modified work conditions, this is much welcome news. However, reopening the economy will be a gradual, cautious and volatile exercise. Indeed, for employers, the recent COVID-19 numbers call for continued vigilance and prudence. ... [read more]