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In-House Counsel


Thursday, June 06, 2019 @ 9:30 AM

Ontario Court of Appeal ruling upends commercial leasing law

Although neither party raised the legal provision in the case, the Ontario Court of Appeal has changed a law regarding commercial leasing by referring to a section of the province’s Commercial Tenancies Act (CTA) whose origins in Ontario date back to 1895. ... [read more]

Thursday, June 06, 2019 @ 8:50 AM

Good faith: Legal conditions of a retail sale sale_percentages_sm

Everyone loves a good sale. However, the Competition Act lists the conditions under which a retailer may offer a sale price to consumers. In short, fake sales — that is, sales events in which the discounted or sale price is not actually a discount because the item was never actually sold at the called ordinary price for a substantial period of time — are not permissible. This is provided for in ss. 74.01(2) and 74.01(3) of the Act, which are part of the deceptive marketing practices provisions of the Act. These provisions affect all Canadian retailers offering sales, especially retailers engaged in high-low marketing strategies. ... [read more]

Wednesday, June 05, 2019 @ 11:32 AM - Last Updated: Thursday, June 06, 2019 @ 12:07 PM

Benefits plans and medical cannabis — to cover or not to cover Cannabis bottle

Since Oct. 17, 2018, the date that the use of recreational cannabis was legalized across Canada, employers have been turning to their legal counsel to update workplace policies addressing safety, impairment and accommodation issues. With cannabis use garnering widespread attention, employers are also grappling with a question that arises with greater frequency: will cannabis use for therapeutic purposes or “medical cannabis” be covered under the employer-provided health and benefit plan? ... [read more]

Tuesday, June 04, 2019 @ 12:14 PM

Clarity, education key in protecting lawyer-client privilege, panel says Judy Naiberg

In-house counsel should educate business partners on what lawyer-client privilege means in order to help protect said privilege, speakers at the 2019 Canadian Corporate Counsel Association (CCCA) National Conference explained, while outlining best practices for e-mails, meetings, cross-border travel and what to do in a raid. ... [read more]

Tuesday, June 04, 2019 @ 8:38 AM

Global payments industry: Frantic M&A activity not slowing down digital_payments_sm

A payments industry that was stagnant and stale for decades has recently entered a transformational and disruptive period of innovation, with seemingly boundless growth ahead. ... [read more]

Monday, June 03, 2019 @ 2:54 PM

A law girl’s bump in the road Pregnant woman

I was so tired. I had made a ridiculous number of trips to the washroom. And I was late. Back in my hotel room, I flung off my gloves and coat on a chair and bolted for the bathroom, locking the door behind me. I laid out my purchase on the vanity and tried to read the instructions. Before I was finished, a pink line had already appeared in the window. I was pregnant. Sure, I had time to finish law school and even the bar exam, but then what? ... [read more]

Friday, May 31, 2019 @ 9:50 AM

Wellness: Treatment of Le Dain, Gascon show how far we’ve come | Darryl Singer

Last year at this time I was humbled to be part of a wellness panel at an event sponsored by the Young Lawyers Division of The Advocates’ Society. Also on the panel was the daughter of former Supreme Court of Canada Justice Gerald Le Dain. She spoke eloquently of her father’s lifelong battle with depression and the fact that his mental illness forced Le Dain prematurely from the bench in 1988 (he had only been appointed in 1984). ... [read more]

Friday, May 31, 2019 @ 8:47 AM

The business of cannabis: Key compliance for boards cannabis_warning_sm

The cannabis sector is emerging with extreme rapidity and sky-high valuations. Cannabis companies are being acquired at extremely early stages of their development, before they have gone through a typical business development cycle, and investors are racing to jump in. This creates a unique compliance environment for both counsel and boards to keep in mind. ... [read more]

Thursday, May 30, 2019 @ 11:40 AM

Don’t assume you'll be admitted to U.S. as a Business Visitor business_travel_U.S._sm

There are a few nearly universal requirements for someone to be admitted to the U.S. as a visitor. He must have a foreign residence to which he plans to return. He also cannot be paid for his U.S. activities from a U.S. source; this would compel foreign employees of a U.S. company to obtain work permits for simple meetings in the U.S. As described below, however, simply being paid from Canada will not guarantee B-1 status if the traveler wishes to enter for activities that disqualify him. ... [read more]

Wednesday, May 29, 2019 @ 10:30 AM

Technology decisions just ‘tip of the iceberg’ in innovation: panel Friedrich_Blase_Mark_Le_Blanc_Joe_Milstone_Martine_Boucher_sm

Innovation, whether through technology or process changes, requires an “initial leap” and the possibility of failure, speakers at the 2019 Canadian Corporate Counsel Association (CCCA) National Conference said, encouraging in-house counsel to find allies within their organization to help them make a change. ... [read more]