Focus On

In-House Counsel


Thursday, February 11, 2021 @ 8:31 AM

Is business travel to Canada still possible? Mask made from Canadian flag

The government of Canada has implemented temporary travel restrictions on foreign nationals travelling to Canada since March 20, 2020, unless the foreign nationals are exempted. The current travel restrictions prevent foreign nationals from travelling to Canada for optional or discretionary purposes, such as tourism, recreation and entertainment. Given this, foreign nationals can only travel to Canada if they are travelling for an essential purpose. This article will outline what business travellers should be aware of prior to their departure to Canada during the pandemic. ... [read more]

Wednesday, February 10, 2021 @ 8:29 AM

Penny-wise, pound-foolishness in arbitration Man falling off caution sign

Writing for the B.C. Court of Appeal in Nolin v. Ramirez 2020 BCCA 274, Justice Elizabeth Bennett, with the concurrence of Justices Mary Saunders and David Harris, observed at the outset that: ... [read more]

Tuesday, February 09, 2021 @ 1:30 PM

The Coach: Small firm succession planning part two | Gary Mitchell

In part one of this column, I covered the first three steps to succession planning: deciding on your timeline for retirement, increasing the value of your practice or firm, and branding/setting up a new legal entity. ... [read more]

Tuesday, February 09, 2021 @ 8:43 AM

SCC in Wastech offers hope for Vavilov reprieve in arbitration Lit candle

When the decision of the Supreme Court in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 was released, the commercial arbitration community collectively drew its breath. The Vavilov decision made no reference to previous decisions of the court which had set a high-water mark for deference to decisions of commercial arbitrators: Sattva Capital Corp. v. Creston Moly Corp. 2014 SCC 53, and Teal Cedar Products Ltd. v. British Columbia 2017 SCC 32. However, the silence was ominous, particularly since at least one intervener in the Vavilov appeal had exhorted the court to make it clear that its decision in that case (whatever it may be) would have no application to commercial arbitration. ... [read more]

Monday, February 08, 2021 @ 1:33 PM

Canada’s shell game on C-92 funding | Pamela Palmater

The federal government has once again proven that legislative initiatives tend to be effective deflections from their ongoing failures to address human rights abuses against Indigenous peoples. Bill C-92: An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (2019) was heralded by the Assembly of First Nations (AFN) and the federal government as the solution to the “humanitarian crisis” of First Nations children in foster care. The AFN in particular pushed hard for the legislation to pass in Parliament, despite widespread opposition and protests from First Nations from all over Canada. First Nations legal and child welfare experts also warned Parliament that C-92 did not align with Canada’s political promises and could in fact make things worse. They were right. ... [read more]

Monday, February 08, 2021 @ 8:35 AM

College of Immigration and Citizenship Consultants comes into force Immigration consultants working around giant passport

The College of Immigration and Citizenship Consultants Act (the Act), which received royal assent in June 2019 and came into force in December 2020, creates a new regulatory body, the College of Immigration and Citizenship Consultants (the College). It replaces the existing powers of the Immigration Consultants of Canada Regulatory Council (ICCRC) to regulate Canadian Immigration Consultants (RCICs) and International Student Immigration Advisors (RISIAs). ... [read more]

Friday, February 05, 2021 @ 5:26 PM

B.C. sewage authority didn’t breach duty to act in good faith in waste disposal dispute: SCC Justice Nicholas Kasirer, Supreme Court of Canada

The Supreme Court has found that waste disposal officials in Vancouver did not act in bad faith against a private garbage company by exercising their agreed-upon discretion to keep costs low by choosing where to most efficiently dump trash — even though this cut into the company’s profits. ... [read more]

Friday, February 05, 2021 @ 9:44 AM

Ontario Appeal Court clarifies majority voting for TSX-listed firms Eric Morgan, Hansell McLaughlin Advisory Group

When electing directors for companies listed under the Toronto Stock Exchange (TSX), votes withheld are counted as ballots against the election of a director, ruled the Ontario Court of Appeal recently in overturning a lower court’s finding that withheld votes are those not cast. ... [read more]

Friday, February 05, 2021 @ 8:44 AM

How Biden will affect Canada’s immigration policies | Colin Singer

U.S. President Joe Biden’s open doors policy towards immigration means Canada will have to work harder under this administration to attract skilled workers. ... [read more]

Thursday, February 04, 2021 @ 2:10 PM

Appeal court leaves door open on use of foreign prosecution histories in Canadian patent cases Jenna Wilson, Wilson Lue

Legal experts are saying questions remain on the interpretation of amendments passed in 2018 to Canada’s patent legislation after the Federal Court of Appeal left the door open to the idea that foreign prosecution histories could be used when interpreting a patent. ... [read more]