Focus On

In-House Counsel


Friday, January 10, 2020 @ 9:01 AM

Climate change: Parties to M&A must be diligent climate_goldenegg_sm

Climate change has the potential to impact an exceptionally wide range of businesses, and failure to assess these risks when evaluating M&A opportunities may result in costly mistakes. As a result, businesses need to be especially diligent in their assessment of a range of factors that may be impacted by the changing climate when completing M&A transactions. While the risks that should be considered will, of course, vary between transactions, the following is a list of climate-related factors that will likely be relevant to the majority of M&A transactions. ... [read more]

Thursday, January 09, 2020 @ 1:51 PM

Cherry’s firing: ‘Just cause’ worth fighting? | Sean O’Donnell

By now, most Canadians know about Don Cherry’s unfortunate statements during the Nov. 11, 2019, Coaches Corner segment of Hockey Night in Canada. For those of you who do not know, here’s a play by play: “You people love … that come here, whatever it is … you love our way of life, you love our milk and honey, at least you can pay a couple bucks for a poppy or something like that. These guys paid for your way of life that you enjoy in Canada, these guys paid the biggest price.” ... [read more]

Thursday, January 09, 2020 @ 11:58 AM

Role of secret surveillance in workplace Hi tech video

The most frequent use of secret surveillance is when an employee is off work and collecting benefits due to an injury, and the employer or the insurer has reason to suspect that the employee is exaggerating. The employer will sometimes hire a private investigator, who will follow the injured worker around and take secret videos.   ... [read more]

Thursday, January 09, 2020 @ 8:26 AM

Vavilov and Bell cases: Arbitration awards at risk? arbitration_loops_sm

On Dec. 19, 2019, the Supreme Court of Canada released its decision in Canada v. Vavilov 2019 SCC 65 (and companion cases, see Bell Canada v. Canada 2019 SCC 66) on the issue of standard of review for administrative law decisions. The legal profession could not have asked for a better holiday present. ... [read more]

Wednesday, January 08, 2020 @ 1:40 PM

Natural resources, environmental cases to watch in 2020 B&WPowerGrid.jpg

Last year was very eventful for those practising in the energy sector. There have been some very important legal and policy decisions around carbon emissions and the Feed-in Tariff (FIT) program that will continue to have an impact into the new year. This is the first part of a two-part article where we discuss three other key cases to watch in 2020. ... [read more]

Wednesday, January 08, 2020 @ 11:27 AM

Thinking like a startup: Why law firms should hire entrepreneurs-in-residence | Ashley Greene

With the increasing industrialization of law, thinking more like a startup can be helpful for firms looking to keep up with and get out ahead of market changes. While the overall outlook for growth in the Canadian legal industry remains positive for the next four years according to IBIS World’s industry analysis, the data also points to firms feeling the symptoms of the growing commoditization and disaggregation of legal services through increasingly constrained revenue growth. ... [read more]

Tuesday, January 07, 2020 @ 2:12 PM

Bosses who spy on you Eyes&Venetianblinds.jpg

There was a grim news report out of Switzerland last year about a scandal involving a major bank. The Credit Suisse bank was spying on one of its executives. The fallout from this included the firing of the bank’s chief operating officer. It may have contributed to the suicide of another individual who was involved. ... [read more]

Tuesday, January 07, 2020 @ 12:22 PM

Bill C-97 will complicate insolvency in 2020 insolvency_law_sm

Late last year saw some subtle but potentially significant changes to insolvency law. In Bill C-97, Parliament introduced significant changes to the Bankruptcy and Insolvency Act (BIA) and the Companies Creditors Arrangement Act (CCAA). The changes are in force effective Nov. 1, 2019. ... [read more]

Monday, January 06, 2020 @ 2:42 PM

Multiple masters: A modern lawyer’s dilemma | Gary Joseph

The website for the Law Society of Ontario (LSO) states that it exists to govern the legal profession in the public interest. LSO governs its members through the Rules of Professional Conduct (the Rules). Professional standards for lawyers are governed by these regulatory codes but also by legal standards determined and imposed by the courts and by statute. The distinction between regulatory and court-imposed standards are often theoretical but at times not. The most recent example of where these standards may conflict can be found in the now resolved dispute between lawyer Joseph Groia and the LSO. ... [read more]

Monday, January 06, 2020 @ 10:28 AM

SCC to decide extent of employers’ duty of trust, good faith in incentive plans Businessmenatdesk

It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia Court of Appeal’s decision in Ocean Nutrition Canada Ltd. v. Matthews 2018 NSCA 44. Arguments in this case were heard on Oct. 8, 2019. The court’s decision, expected to be released in 2020, will likely have a profound impact on the relationship between employers and employees in Canada. ... [read more]