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In-House Counsel


Thursday, July 04, 2019 @ 12:26 PM

B.C. implements employee-friendly changes to Employment Standards Act peoplestanding

On April 29, 2019, British Columbia’s minister of Labour introduced Bill 8, the Employment Standards Amendment Act, 2019 (Bill 8). Bill 8 received royal assent on May 30 and resulted in significant amendments to the Employment Standards Act (ESA). ... [read more]

Wednesday, July 03, 2019 @ 9:02 AM

Privacy compliance for political parties: Focus on digital media personal_information_sm

The efforts of our federal government to protect democracy in the upcoming election have a manifest incongruity. ... [read more]

Tuesday, July 02, 2019 @ 8:56 AM

Why Libra could be a cryptocurrency game changer Libra_coin_sm

Facebook has announced a new cryptocurrency, Libra, that looks to shake up the cryptocurrency marketplace in at least the same degree as the introduction of Bitcoin in 2009 changed the concept of money. Moreover, it offers real potential to profoundly modify international commerce. Libra is scheduled to launch in the second half of 2020. ... [read more]

Friday, June 28, 2019 @ 1:36 PM

Absent exceptional circumstances, 24 months high end of reasonable notice twoyearcalendar.jpg

Early this year, we wrote about Dawe v. Equitable Life Insurance Company 2018 ONSC 3130, a case in which the Ontario Superior Court of Justice substantially extended the traditional 24-month upper limit on the reasonable notice period for an older, long-term, senior manager who was unable to secure comparable employment. The motion judge awarded 30 months’ notice and stated that, if asked, he would have awarded 36 months. ... [read more]

Friday, June 28, 2019 @ 10:42 AM

No winners in wrongful dismissal appeal decision caution_tape_sm

Most of the time, litigation produces a victor. But the victor isn’t always a winner. And sometimes there are no winners. ... [read more]

Friday, June 28, 2019 @ 8:54 AM

Statement of Principles stays for now as LSO Convocation becomes mired in debate Malcolm Mercer sm

After a full day of debate on the Statement of Principles (SOP), the Law Society of Ontario (LSO) was unable to come to a decision on the diversity initiative that has not only divided Convocation, but the profession as well. ... [read more]

Friday, June 28, 2019 @ 8:31 AM

Don’t rush to judge employees on medical, disability leave | Stuart Rudner

There are some pieces of advice that I offer repeatedly to clients in a variety of contexts. One of my favourites: “Do not rush to judgment.” Those knee-jerk, visceral or emotional reactions usually lead to bad decisions which can cost an organization dearly. ... [read more]

Thursday, June 27, 2019 @ 1:50 PM

Bill 124: Government eroding workers’ rights in Ontario tearingupcontract

Here we go again. If you’ve read the news lately, you’re likely well aware of recent cost-cutting actions taken by the Ontario government. In its most recent attempt to curb the deficit and the province’s debt, Queen’s Park has decided to again tackle expenditures without considering other sources of revenue generation (think a carbon tax?). ... [read more]

Thursday, June 27, 2019 @ 9:17 AM

Unique rules of evidence in international commercial arbitration evidence_documents_sm

There is a misconception that abounds international commercial arbitration, namely that it is an unstructured dispute resolution process that is free of evidentiary rules. All evidence is admissible and, when in doubt, it will go to weight. This, however, is false. ... [read more]

Tuesday, June 25, 2019 @ 11:05 AM

Reasonable notice unaffected by changes in professional corporate structure hiringvsoutsourcing

A recent decision of the Court of Appeal for Ontario, Theberge-Lindsay v. 3385022 Canada Inc. (Kutcher Dentistry Professional Corporation) 2019 ONCA 469, confirms that the utilization by a professional service employer of different corporate structures to enter into employment agreements with employees will not interrupt the length of their service in the calculation of reasonable notice upon termination without cause. The court left open the question of whether this principle may apply in the context of employees not employed in professional practices. 3385022 Canada also contributes to the jurisprudence on the subject of resignation from employment and the impact of a retraction of a resignation in creating a new employment agreement. ... [read more]