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Friday, July 22, 2022 @ 1:51 PM

Claims against politicians dismissed with full indemnity costs Hand giving cash to another hand

Court decisions rendered in connection with a defendant’s motion for dismissal brought under s. 137.1 of the Courts of Justice Act (CJA) continue to highlight that a plaintiff can face severe cost consequences if the defendant succeeds. Under s. 137.1(7) of the CJA, a defendant who successfully moves to dismiss a plaintiff’s action is presumptively entitled to recover his or her costs on a full indemnity basis. Although the presumption can be rebutted, the plaintiff’s failure to do so can leave it with a hefty costs award. ... [read more]

Friday, July 22, 2022 @ 11:15 AM

Unexpected costs of employee relocation Moving

Recently, in Nowlan v. Canada (Attorney General) 2022 FCA 83, the Federal Court of Appeal considered an employer’s duties towards employees in the event of employee transfers. ... [read more]

Thursday, July 21, 2022 @ 4:44 PM

[ Legal Wire ] - Office of the Superintendent of Financial Institutions releases final insurance capital guidelines

The Office of the Superintendent of Financial Institutions (OSFI) has released its final insurance capital guidelines, updated to reflect the implementation of International Financial Reporting Standards 17 (IFRS 17) - Insurance Contracts in January 2023. ... [read more]

Thursday, July 21, 2022 @ 1:26 PM

Non-compete clauses, building castles in the air Castle in the Air

As of Oct. 25, 2021, Ontario employers are prohibited by provincial law from entering into employment contracts or other agreements with employees that include non-compete provisions unless the employee falls into one of two exceptions; namely, sale of a business operated as a sole proprietorship or a partnership, or if the employee is a C-suite executive. ... [read more]

Thursday, July 21, 2022 @ 12:52 PM

Simple fixes for Canada’s Start-up Visa Program | Ravi Jain

There is a federal immigration program for entrepreneurs with an innovative business idea called the Start-up Visa (SUV) Program. It began as a pilot program in 2013 and was introduced by the previous Conservative government. It became a permanent federal immigration program in 2018 under the current Liberal government. ... [read more]

Thursday, July 21, 2022 @ 9:49 AM

SCC’s move to limit interveners’ counsel to Zoom in fall sparks questions, concerns within bar Eugene Meehan

The Supreme Court of Canada plans not to allow lawyers for interveners to argue cases in person in its Ottawa courtroom this fall — restricting them to the Zoom platform — while counsel for the parties are expected to be given the choice to argue virtually, or to appear in the flesh before the nine judges (COVID-19 protocols permitting). ... [read more]

Thursday, July 21, 2022 @ 8:30 AM

Online dispute resolution necessity, not choice Online resolution

The legal system has always been overburdened, but never like what we are experiencing today. Backlog in courts worldwide has grown to hundreds of thousands of cases and, the Guardian reported, added as much as six years to wait in some jurisdictions. The consequences are serious and costly. People are imprisoned longer, waiting in limbo longer, going without their awards longer and struggling to get the justice they deserve. ... [read more]

Wednesday, July 20, 2022 @ 11:33 AM

Employer conduct deemed discriminatory, resulting in awards for lost wages, general damages Woman looking at mountains

In a recent decision of the Alberta Human Rights Tribunal, marital status and family status discrimination, along with discrimination on the basis of mental disability, resulted in a complainant being awarded lost wages as well as $30,000 in general damages against her former employer. ... [read more]

Tuesday, July 19, 2022 @ 9:15 AM

Why are you wasting time reading this drivel? | Murray Gottheil

Back when I was practising law, I considered publications like The Lawyer’s Daily to be an unwelcome but necessary evil. I would skim the headlines and case digests looking for information that I had to know to remain competent. There were many times that I did not even read news about upcoming legislation. I figured that it was a waste of time to focus on things that may never be enacted, and I could just wait until it became law to worry about it. ... [read more]

Monday, July 18, 2022 @ 1:57 PM

Athletes: The right immigration status for each career stage Canadian maple leaf on a sports jersey

Becoming a professional athlete is a long and tough road, often starting at an early age. Playing or working internationally as an athlete comes with certain challenges, depending on the stage of your career, who you are working for, whether you are getting paid for the role, and the specific expectations or requirements in the role. ... [read more]