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In-House Counsel


Thursday, May 24, 2018 @ 8:35 AM

New OSC rule for distributions outside Canada canadian_securities_sm

On March 31, 2018, the Ontario Securities Commission (the OSC) adopted a new "distributions out" regime for Ontario-based issuers and security holders with respect to distributions of securities outside of Canada. ... [read more]

Tuesday, May 22, 2018 @ 8:55 AM

Definitive deference: How courts treat consultants’ decisions construction_consultant_sm

The consultant’s role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete for interim or final payment, rejecting work which fails to conform to the contract and determining deductions for any defective work. The consultant must be impartial in fulfilling its duties, including its decisions as to entitlement as between the owner and the contractor. This can be particularly difficult where either the owner or the contractor disagrees with the findings. ... [read more]

Wednesday, May 16, 2018 @ 9:23 AM

Court of Appeal sets higher standard to protect injured workers from wrongful conviction, counsel says Andrew Bigioni sm

The Ontario Court of Appeal has allowed three appeals regarding offences under the Workplace Safety and Insurance Act in a decision, counsel says, that sets a higher standard for courts to follow when convicting under subsection 149(2). ... [read more]

Wednesday, May 16, 2018 @ 8:21 AM

Proper language could defeat a bonus claim on termination man,woman,envelope,money_sm.jpg

The issue of bonus entitlements for employees upon termination has been a highly litigated issue in Ontario for many years. It arises in the context of earned bonus during employment as well as the calculation of damages for failing to provide “reasonable notice” of termination at common law. ... [read more]

Tuesday, May 15, 2018 @ 11:02 AM

Defining a cannabis industry niche through branding cannabis_branding_sm

As summarized in April’s article, Canada is moving away from prohibition and toward regulation of adult use cannabis for mitigating social and economic harms associated with cannabis. Regulation beyond the Access to Cannabis for Medical Purposes Regulations (“ACMPR”) will build on the inertia, success and good practices of Canada’s regulated medical cannabis market. The ACMPR provide a strong foundation, particularly for cultivation and processing. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Friday, May 11, 2018 @ 6:29 PM

SCC rules garage owner owed no duty of care to secure car from joyriding youth who crashed David Young

A youth who was catastrophically brain-injured as a result of a drunken joyride in a car he helped steal from a garage parking lot faces a more difficult future after the Supreme Court ruled 7-2 that the garage owed him no duty of care as it was not reasonably foreseeable that the defendant’s actions in leaving the car unlocked, with the keys in the ashtray, would lead to the teenager being injured in a car crash. ... [read more]

Friday, May 11, 2018 @ 8:38 AM

The 4 key attributes of successful legal rainmakers money_rain_sm

A study by Lawyer Metrics concludes that successful law firm rainmakers share key personality characteristics. Key learnings from The Rainmaking Study: How Lawyers’ Personality Traits and Behaviors Drive Successful Client Development, were presented by Pat Gillette during her keynote address at the 2018 Women’s Transformative Leadership Forum, sponsored by Stikeman Elliott. ... [read more]

Thursday, May 10, 2018 @ 9:09 AM

Hi-Tech: Doing the business math of GDPR compliance | Luigi Benetton

Privacy legislation isn’t new. But thanks to headlines outing corporations that leak customer information and, more recently, the usage of Facebook data to sway political events, interest in privacy has spiked. ... [read more]

Wednesday, May 09, 2018 @ 8:54 AM

Get over your fear of giving references | Stuart Rudner

I admit, it has become a pet peeve of mine: employers want references to help them select the best candidates, but many of them refuse to provide references. And they do so out of a fear of liability that is completely irrational and unfounded. If I have said it once, I have said it 100 times: there is no good reason to have an absolute policy against providing references. To the contrary, it will usually be in an organization’s best interests to help a former employee find a job. ... [read more]