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In-House Counsel


Thursday, October 04, 2018 @ 9:33 AM

Arbitrator can ignore evidence when deciding an award weigh_evidence_sm

Parties to an arbitration often believe that the failure by an arbitral tribunal to address evidence or take evidence into account amounts to a serious irregularity, allowing a court to set the award aside. The short answer to the question is that a failure to address evidence or take evidence into account in an award will almost never amount to a serious irregularity. ... [read more]

Thursday, October 04, 2018 @ 9:09 AM

Construction Act: What you need to know about the amendments construction_lien_sm

In December, 2017, the Ontario Government passed Bill 142 (Construction Lien Amendment Act, 2017, SO 2017, c 24) to amend the Construction Lien Act (RSO 1990, c C30) (the “Act”). The amendments that have been made to the Act are extensive and substantial, and they both modify and expand upon the Act. This is reflected in the name of the Act being changed to the Construction Act. ... [read more]

Wednesday, October 03, 2018 @ 8:35 AM

Federal Court won’t allow CRA ‘fishing expedition’ fishing_expedition_sm

The Canada Revenue Agency has broad powers to administer and enforce Canada’s tax laws. In the context of a tax audit, the CRA can gather information by inspecting a taxpayer’s books and records and can require taxpayers and third parties to provide information and documents. While these powers are extensive, it must be recalled that the CRA’s powers are defined by provisions of the Income Tax Act and the Excise Tax Act, and the courts are empowered with interpreting this legislation. ... [read more]

Tuesday, October 02, 2018 @ 12:01 PM

All eyes on consequences of facial recognition technology facial_recognition_sm

Facial recognition has quickly developed from a crude platform to a sophisticated technology with a wide range of uses in the private sector. Individuals can now unlock their phone and pay for products with their face. Similar algorithms allow for your face to act as a ticket to an event and have been tested to spot shoplifters. ... [read more]

Thursday, September 27, 2018 @ 9:01 AM

Courts clarify seizure of data unrelated to that authorized in search warrant digital_net_sm

Search warrants treat data like spoiling fish and impose detention limits including regular, post-seizure oversight by the courts. Articles 132 and 133 of Quebec’s Code of Penal Procedure (CPP) combine to limit detention of seized devices to 180 days. The investigating authority may apply for an extension provided it does so within the 180 days and proves that further detention is necessary due to (a) the complexity of the evidence or (b) the difficulty of examining the devices seized. In such applications to extend detention, the legality of the seizure is not in question. ... [read more]

Thursday, September 27, 2018 @ 8:55 AM

PRACTICE BY UNAUTHORIZED PERSONS - Suspended or disbarred lawyers

Application by the Law Society of Ontario for a statutory injunction to restrain the respondent Leahy from engaging in the practice of law and the provision of legal services without a licence. ... [read more]

Wednesday, September 26, 2018 @ 8:56 AM

B.C.’s proposed ‘B-Corps’ offer both economic and social benefits benefits_corporation_sm

Building on a trend sweeping across the U.S., British Columbia is on the verge of becoming the first jurisdiction in Canada to permit the incorporation of “benefits corporations” or “B-Corps.” B-Corps are a novel form of corporate structure for entrepreneurs looking to pursue social or environmental benefits rather than the conventional approach of maximizing shareholder profit. ... [read more]

Tuesday, September 25, 2018 @ 9:13 AM

Legality of Canadian cannabis stops at the U.S. border cannabis_border_sm

In the United States, medicinal and recreational cannabis use has been legalized in several states. However, under United States Federal law, cannabis use and possession is illegal and is considered a Schedule 1 controlled substance under the US Controlled Substances Act of 1970. Under U.S. Immigration law, anyone who has violated a federal or state law relating to a controlled substance is inadmissible to the country. ... [read more]

Monday, September 24, 2018 @ 2:42 PM

Animal law: An elephantine case to consider cagedelephant_sm.jpg

Animal law is not a new area of law, but it may seem that way to those outside the practice area. Animal law is informed by more than animal related statutes and case law involving animals. To put things in context, laws involving animals have been around for centuries, and similar to how decades ago we didn’t have “environmental law,” but just cases involving forests, rivers, trees etc. until that branch of law came to be collectively labelled environmental law. ... [read more]

Monday, September 24, 2018 @ 10:35 AM

Lax corporate disclosure aids money launderers: C.D. Howe report laundering_money_sm

A recently released report (“Hidden Beneficial Ownership and Control: Canada as a Pawn in the Global Game of Money Laundering”) by Denis Meunier on behalf of the C.D. Howe Institute, concludes that the lack of transparency as to beneficial ownership of corporations and trusts in Canada may lead to international money laundering taking place here. ... [read more]