In-House Counsel
Latest
Monday, February 25, 2019 @ 1:43 PM
High damages award upheld for employee fired for alleged fraud, intimidated with counter-claim
The Ontario Court of Appeal’s decision to award “unusually high” costs to a man terminated for alleged fraud is a “strong message” to employers to take care when making a counter-claim against an employee, counsel said. In Ruston v. Keddco Mfg. (2011) Ltd. 2019 ONCA 125, the court heard that in 2015 Scott Ruston, the respondent, was terminated from his position as president of Keddco Mfg., the appellant. Ruston was told he was being terminated “for cause and that he had committed fraud.” ... [read more]
Monday, February 25, 2019 @ 9:17 AM
New report depicts rise of women general counsel on boards
Corporate Canada is increasingly willing to appoint general counsel to boards — and female general counsel are leading the way. ... [read more]
Friday, February 22, 2019 @ 11:41 AM
Impact of 5G networks on Canadian M&A
Businesses across Canada are preparing for the impact of the newest iteration of mobile wireless technology. Fifth generation — 5G — networks have speeds up to 200 times faster than current networks and are expected to fundamentally change how many businesses operate. ... [read more]
Thursday, February 21, 2019 @ 11:50 AM
Equity compensation for independent contractors
Tech startups often compensate independent contractors or vendors with equity, such as stock options or restricted stock. Businesses can acquire needed services without dipping into their coffers, and contractors can make an investment with minimal cash and potentially realize significant returns. ... [read more]
Wednesday, February 20, 2019 @ 10:14 AM
Consultation on Big Data may spur new law: lawyers
The Ontario government has launched a data strategy consultation to improve innovation and protect privacy in the “advancing era of Big Data.” Lawyers stress that while privacy is a main concern, there are broader implications, such as ethics and how data is used, that need to be considered. The consultation, launched Feb. 5, will roll out in three stages: pre-consultation that will be conducted online until March 7; province-wide roundtables to discuss key topics throughout the spring; and a strategy finalization phase in the fall. ... [read more]
Tuesday, February 19, 2019 @ 12:59 PM
The difference between a cryptocurrency and a crypto commodity
When bitcoin peaked at almost US$20,000 in late 2017 and cryptocurrencies came to the forefront of global news, much speculation and consideration was given to viability, growth and the future of cryptocurrencies. While regulators were concerned with protecting investors, we focused on understanding digital currencies to properly advise our clients. ... [read more]
Tuesday, February 19, 2019 @ 12:53 PM
B.C. Appeal Court decision removes any doubt about adverse discrimination test: lawyer
The B.C. Court of Appeal has affirmed a test for adverse discrimination on the grounds of family status, a decision the appellant’s lawyer says helps to prevent the floodgates opening to employers being overwhelmed by routine caregiving obligation requests. The case in Envirocon Environmental Services, ULC v. Suen 2019 BCCA 46 involves a discrimination claim brought forward by Brian Suen against his former employer. ... [read more]
Tuesday, February 19, 2019 @ 11:50 AM
Ageism in law and what to do about it | Warren Bongard
This topic seems to creep into many of my conversations of late, and I wonder if the main reason is my own age. The legal profession has served me well over the last 25 years and I am far from being in a place to criticize the profession. That said, over the last decade or so, I have noticed a spike in underemployed lawyers. Sadly, many of them are my peers and I will attempt to explain the reasons why, but more importantly, find a solution for those looking to fill in a few hours, days or more each week. ... [read more]
Tuesday, February 19, 2019 @ 9:23 AM
For Uber, the devil was in arbitration clause | Stuart Rudner
For as long as I can remember, the employment law bar has complained about the fact that we do not have a specialized court to address employment disputes. I have been encouraging employment and corporate lawyers to include arbitration clauses in their contracts of employment for quite some time now. The reason is simple: the parties can avoid the delays, inefficiencies and unpredictability of the standard civil litigation process by establishing a process customized to the specific case and presided over by a subject-matter expert. ... [read more]
Thursday, February 14, 2019 @ 2:31 PM
Decisions involving termination of long-term employees should concern employers
Employers considering terminating long-term employees in Canada should be aware of two relatively recent decisions. In one case, Dawe v. Equitable Life Insurance Co. of Canada 2018 ONSC 3130, the terminated employee, age 62, was a highly paid senior vice-president employed for 37 years when terminated. In the second case, Bailey v. Service Corp.International (Canada) ULC [2018] B.C.J. No. 274, the 60-year-old employee had held a sales position for 17 years when terminated. These cases suggest that some courts believe that long-term employees of advanced age should not be terminated without being provided the financial equivalent of what they would have received had they been given reasonable notice. ... [read more]
