In-House Counsel

Thursday, December 12, 2019 @ 1:15 PM

We look back to the never dull and at times high drama of another year in the life of Canadian privacy law. ... [read more]

Thursday, December 12, 2019 @ 8:21 AM

We often hear sentiments such as “peace on earth and goodwill to all” at this time of year. And yet we cannot even discuss whether it is “Merry Christmas” or “Happy Holidays” without controversy. Efforts to promote inclusiveness are often derided as “political correctness gone overboard” as some lament the fact that they are “not allowed” to have a Christmas party anymore while those who celebrate other holidays are often frustrated that unlike their Christian colleagues, their holiday is not statutorily protected. ... [read more]

Wednesday, December 11, 2019 @ 2:04 PM

Here are highlights from this year’s franchise-related decisions across Canada. ... [read more]

Wednesday, December 11, 2019 @ 1:03 PM

Privacy Commissioner Daniel Therrien would like federal privacy laws for the public and private sectors amended and given a “rights-based foundation” that would confer rights and impose obligations, and particularly with the Personal Information Protection and Electronic Documents Act (PIPEDA), no longer be viewed as “an industry code of conduct,” according to the annual report he tabled in Parliament on Dec. 10. ... [read more]

Wednesday, December 11, 2019 @ 8:41 AM

Young lawyers (i.e., junior associates) have a lot to win when they choose to join a law firm after graduation, but retaining young lawyers can be challenging. ... [read more]

Wednesday, December 11, 2019 @ 8:20 AM

Most people wouldn’t be surprised to learn that Canadian contract law recognizes the duty to perform contracts in “good faith,” and that good faith includes an overriding duty of “honest performance.” But when the Supreme Court of Canada explicitly recognized the duty of good faith in the 2014 case Bhasin v. Hrynew 2014 SCC 71 (Bhasin), legal scholars and commentators predicted the ruling would have a significant impact on the obligations of parties to commercial contracts in Canada. ... [read more]

Monday, December 09, 2019 @ 11:34 AM

After a blockbuster year for deal making in 2018, markets softened in early 2019 with many observers forecasting a downturn in the economic cycle for mid-to-late-2019. As we near year-end and prepare for another deal cycle, it is time to reflect on a year of defied expectations and look forward to the possibility of a surge in M&A activity in 2020. ... [read more]

Friday, December 06, 2019 @ 11:47 AM

Like employers, employees have responsibilities in relation to company parties and similar work-related social gatherings. While they are entitled to let loose with their work colleagues outside the workplace, they are bound to conduct themselves in an appropriate manner. They share accountability with their employer for the safety and well-being of their co-workers and must be professional and respectful. ... [read more]

Thursday, December 05, 2019 @ 11:10 AM

As many lawyers know, locating and personally serving a defendant with a statement of claim can at times be an onerous process and it can especially be troubling if you are having difficulties locating the defendant. ... [read more]

Wednesday, December 04, 2019 @ 12:23 PM

What questions are off limits during a job application or job interview? We all know you cannot ask a candidate’s age or marital status. You can ask about the candidate’s eligibility to work in Canada. But can you ask about whether the candidate is eligible to work in Canada permanently? ... [read more]