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In-House Counsel


Tuesday, November 17, 2020 @ 2:28 PM

Employers beware: Constructive dismissal, crystallization of benefits Dividingsectionsofacircle

In Matthews v. Ocean Nutrition Canada Ltd. 2020 SCC 26, a unanimous Supreme Court of Canada held that an employee, a victim of a brutal constructive dismissal without any notice, was entitled to the extensive remedies sought. Based on the fact that the employment contract is deemed to continue in all of its effects beyond the time of dismissal, during the reasonable notice period, except for certain exceptions, the employee may claim all of the benefits accruing during this period. ... [read more]

Tuesday, November 17, 2020 @ 1:31 PM

The FinCEN files: Rethinking our banking compliance system canadian_cash_briefcase_sm

Last September, an investigation by BuzzFeed and the International Consortium of Investigative Journalists (ICIJ) exposed significant flaws in corporate compliance. Reporters obtained thousands of government documents, including over 2,100 suspicious activity reports (SARs) filed by major international banks such as HSBC, Deutsche Bank, American Express, JPMorgan Chase, with the U.S. Financial Crimes Enforcement Network (FinCEN), the American financial intelligence unit. ... [read more]

Tuesday, November 17, 2020 @ 11:46 AM

Law applies to everyone, even self-represented litigants Just A Judge

Joanna Blomer suffered a work-related injury in 2009 and later a reoccurrence of that injury. The Alberta Workers’ Compensation Board found Blomer fit to return to work as of Jan. 6, 2011, and she was therefore no longer entitled to temporary disability benefits. Blomer was unhappy with this decision and disputed it up to the Appeals Commission. This case centres around two Appeals Commissions decisions (Blomer v. Workers Compensation Board [2020] A.J. No. 977): ... [read more]

Tuesday, November 17, 2020 @ 8:25 AM

SCC decision roadmap to damages in tort for pure economic loss: Part one economic_loss_sm

In its recent decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. 2020 SCC 35, the Supreme Court of Canada was divided on whether Mr. Sub franchisees could claim damages in negligence for pure economic loss resulting from contaminated meat products supplied by Maple Leaf Foods. ... [read more]

Monday, November 16, 2020 @ 2:35 PM

Lest we forget: Whole Foods, power of political symbols Poppy

November witnesses the red poppy pinned to the chests of countless Canadian citizens, residents and visitors. Individuals wear the poppy to honour veterans and as “a visual pledge to never forget those who sacrificed for our freedom” (The Royal Canadian Legion). However, Remembrance Day, and in particular the poppy, rarely arrives without some associated controversy. ... [read more]

Monday, November 16, 2020 @ 1:26 PM

Looking beyond COVID-19 and U.S. election: Nearshoring IT talent in Canada businessman_window_sm

By definition, nearshoring is “a form of offshoring and describes transferring work to another country geographically close to your home country to reduce costs and increase work, travel and communication quality.” (InterVenture Sourcing AG) Thanks to the U.S. immigration restrictions, we could expand the definition and add: “and overcome immigration hurdles.” ... [read more]

Monday, November 16, 2020 @ 8:40 AM

What boardrooms can expect from Biden administration corporate_boardroom_sm

For the first time, the U.S. has a president-elect who plans to make combating climate change a top priority from the onset. President-elect Joe Biden has pledged to begin his administration by rejoining the Paris climate agreement, followed by launching a $2-trillion climate plan focused on clean energy, climate resilience, environmental justice and economic growth. He has also set a goal of reaching net-zero emissions by 2050. ... [read more]

Friday, November 13, 2020 @ 1:51 PM

Beyond COVID-19 and the election: Canadian immigration solutions for U.S.-based IT companies businessman_window_sm

Regardless of the outcome of this year’s U.S. presidential election, it’s clear that the U.S.-based information technology (IT) companies should look elsewhere to host their foreign talent. ... [read more]

Friday, November 13, 2020 @ 9:29 AM

Municipal conflict of interest report calls for expanded role for integrity commissioners Stephen D'Agostino sm

It could be years before the Ontario government implements sweeping recommendations by a senior judge aimed at preventing municipal conflict of interest and enhancing the role of integrity commissioners, says a municipal law expert. “I wouldn’t be surprised to see change — I just don’t think we’re going to see it quickly because in municipal matters we tend not to,” said Stephen D’Agostino, a managing partner with Toronto-based Thomson Rogers Lawyers. ... [read more]

Friday, November 13, 2020 @ 8:40 AM

More of same, just nicer: International trade under Biden U.S._trade_sm

With the election is the United States being called by all major U.S. news organizations, President-Elect Joe Biden should take over the highest executive office in January 2021. While a deadly novel coronavirus and global warming may initially take precedence, matters of international trade will soon be on the agenda as the new president and his cabinet look to pull the U.S. economy out of the pandemic recession. It will be important for Canadian companies selling into the U.S. or exporting elsewhere in the world to understand how the Biden administration will treat international trade matters.   ... [read more]