Thursday, May 16, 2019 @ 8:48 AM
Is AI coming to a legal transcript near you?
We ask Alexa to play songs from the ’70s. We ask Siri for a weather report. We dictate e-mails and text messages to our phones. We speak into machines and they do things for us. They seem to understand us. But is this technology up to the task of preparing important documents like legal transcripts? ... [read more]
Wednesday, May 15, 2019 @ 2:11 PM
Parental benefits: one size does not fit all
“Your Honour, before we begin I just wanted to apologize for my attire. I had a baby eight weeks ago and don’t yet fit back into my robes.” This is what I uttered at the beginning of a guardianship hearing in February 2018. No longer pregnant, it was not obvious why my robes didn’t fit and I didn’t want my open waistcoat to become a distraction or make me appear forgetful or sloppy. ... [read more]
Wednesday, May 15, 2019 @ 12:32 PM
OPC opens consultation on transborder data flows: Proposes reversal in approach
On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) launched a consultation on transborder data flows in which they indicated that they were revisiting their long-held position that a transfer of personal information to a service provider for processing does not require consent from the individual, and now propose that a transfer for processing involves a disclosure of personal information and therefore requires consent. ... [read more]
Wednesday, May 15, 2019 @ 10:40 AM
Legal pitfalls in asymmetrical arbitration clauses
Arbitration clauses need not be symmetrical, giving each party the exact same legal benefits. An arbitration clause that gives one party the right to select a forum to settle a dispute is likely within legal reach for any party negotiating an arbitration agreement. However, there are some potential pitfalls to asymmetrical arbitration clauses. ... [read more]
Wednesday, May 15, 2019 @ 9:04 AM
Boards’ fiduciary duty to keep informed on global issues
Is a board that cannot articulate the most material ESG (environmental, social, governance) issues in breach of their fiduciary duty? ... [read more]
Tuesday, May 14, 2019 @ 8:43 AM
Summary dismissal: Employers need a bigger toolbox | Stuart RudnerIt is the classic line used by judges and arbitrators when they find that summary dismissal was not warranted: “Some lesser form of discipline was appropriate.” ... [read more]
Thursday, May 09, 2019 @ 9:41 AM
B.C.’s proposed labour changes positive step for employees: lawyers
The B.C. government is seeking to significantly overhaul provincial legislation on employment standards and labour rules, changes lawyers are saying will have a positive effect on the employer-employee relationship in the province going forward. ... [read more]
Wednesday, May 08, 2019 @ 9:50 AM
Foreign Beneficiaries: From multiple taxation to transfer of interests
With increased mobility of people and their assets, more and more estates have a multijurisdictional dimension. A multitude of special considerations come into play which must be identified and dealt with if an estate has foreign beneficiaries which increase the complexity of the estate administration. This series of articles highlights a number of them and is written from the perspective of Canadian and Ontario law. ... [read more]
Tuesday, May 07, 2019 @ 8:37 AM
Genetic testing, ancestry search red flags | Darryl SingerThere are lots of ads lately for companies like 23 and Me, which promises that by sending them a sample of saliva, they can test for genetic markers which might tell you about potential for latent illnesses which may never come to pass. These companies also offer ancestral tracing for those who hope they will find out they are part of some noble bloodline. ... [read more]
Friday, May 03, 2019 @ 5:15 PM
SCC rules that Quebec franchisee was ‘employee’ and not independent contractor under labour law
In a judgment of note nationally to participants in franchised businesses, the Supreme Court of Canada has provided guidance on when franchisees are “employees” of franchisors — rather than independent contractors — under Quebec’s labour laws. ... [read more]
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