Focus On

In-House Counsel


Wednesday, March 04, 2020 @ 1:25 PM

Corporate immigration compliance: Managing risk work_permit_sm

In an increasingly global marketplace, Canadian companies of all sizes are becoming actively engaged in business in more than one country and are seeing the benefits of a cross-border business presence. Manufacturing, logistics, hospitality, specialty consulting firms, fintech, IT and many more industries are among those with operations in multiple jurisdictions. If economic predictors about the strength of our small and medium businesses in Canada are accurate, it won’t be at all surprising to see the cross-border approach to business becoming more popular in these markets. ... [read more]

Wednesday, March 04, 2020 @ 10:58 AM

Food delivery drivers open to unionization; Expanding labour relations to e-commerce Foodorabiker_sm.jpg

On Feb. 25, 2020, the Ontario Labour Relations Board delivered a crucial decision regarding Foodora, an online food delivery services that had contracted with independent bike couriers to deliver restaurant food to patrons. Foodora is one of the many “app” delivery service companies of the modern urban gig economy. ... [read more]

Tuesday, March 03, 2020 @ 9:03 AM

Regulating cryptocurrency exchanges: Unclear definitions bitcoin_investing_sm

In this, the first of our three-part series examining legal developments in the cryptocurrency arena, we take a look at the state of cryptocurrency regulation in Canada and elsewhere. ... [read more]

Monday, March 02, 2020 @ 1:16 PM

Tribunals and courts: New era of judicial review judicial_review_sm

Over the past decade, nothing has led to more spilled ink than the standard of review Canadian courts should apply when reviewing administrative decision making. Should the court show deference to the tribunal interpreting its governing statute? Does the case raise legal questions beyond the expertise of the decision maker, such that only courts should decide them? ... [read more]

Monday, March 02, 2020 @ 8:46 AM

The Russian dog theory of litigation: A fable | Barry Landy

Gentle readers, I propose to regale you with a fable. ... [read more]

Friday, February 28, 2020 @ 12:45 PM

Costs orders against third-party funders: Promoting accountability giving_coins_sm

Third-party funding in litigation is on the rise, both in Canada and abroad. This is an industry that remains largely unregulated. Unlike other common law jurisdictions, the courts in Canada have yet to pronounce themselves on a wide range of issues that stem from third-party funding, including such things as a court’s ability to award costs against a third-party funder. Arguably, the courts in Canada have painted themselves into a corner by imposing a legal test that makes it difficult to award costs against third-party funders. ... [read more]

Thursday, February 27, 2020 @ 12:29 PM

Gig economy workers in Ontario push for unionization Deliverybike

A new battle is taking place on the gig economy front, where technology is reshaping traditional employment relationships. Workers for Foodora have won the right to unionize in a carefully reasoned, 40-page decision by the Ontario Labour Relations Board (OLRB). A different union has announced that it is applying on behalf of Uber drivers. ... [read more]

Wednesday, February 26, 2020 @ 1:09 PM

Corporate immigration compliance: What in-house counsel should know work_permit_sm

Canadian companies are increasingly reliant on skilled foreign talent to support business strategies, to be first to market and to stay competitive in a global economy. The need for foreign workers in Canada has resulted in an increase in activity for in-house counsel as they manage internal processes and engage with outside specialty counsel. With innovation and technology underpinning the growth in many sectors of the Canadian market, it is likely that the need for foreign talent in Canada will continue to increase, making corporate immigration compliance a “must-know” topic for in-house counsel. ... [read more]

Wednesday, February 26, 2020 @ 8:29 AM

Representation and warranty insurance: How it works insurance_risk_sm

In M&A transactions, representation and warranty insurance (RWI) is an insurance policy designed to respond to and protect against losses suffered by an insured party as a result of a breach of a representation and warranty. ... [read more]

Tuesday, February 25, 2020 @ 9:58 AM

Privacy commissioner seeks court order against Facebook facebook_notifications_sm

The federal privacy commissioner has filed an application in the Federal Court to order Facebook to comply with Canada’s private sector privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA). The court proceedings arise out of the joint investigation by the commissioner and the B.C. Information and Privacy Commissioner into the Facebook/Cambridge Analytica data breach. That investigation focused on the unauthorized collection and sharing of the personal information of more than 50 million users worldwide, including over 600,000 in Canada, for the purposes of targeting political messages. ... [read more]