Focus On

In-House Counsel

Latest

Monday, November 25, 2019 @ 11:14 AM

Supreme Court’s municipal law ruling shakes up commercial contracting in Quebec: expert Pier-Olivier_Fradette

Towns and cities in Quebec will have to “tighten up drastically” their control of commercial engagements between their employees and goods and service providers in the wake of a Supreme Court of Canada ruling which shakes up settled law, says a municipal law specialist. ... [read more]

Friday, November 22, 2019 @ 1:56 PM

Amicus curiae appointments in class actions extra_lawyer_sm

From time to time, the court, in a class proceeding, has appointed counsel as amicus curiae. Amicus curiae, is Latin for “friend of the court.” This is someone not already counsel for a party in the proceeding. In the class proceedings context, an amicus appointment may be particularly helpful at points in the proceeding where the reasonableness of a step has to be considered by the court in a non-adversarial setting, including at the settlement approval stage of the litigation and on a motion to approve class counsel’s legal fees. ... [read more]

Friday, November 22, 2019 @ 12:15 PM

Court rules Edmonton radio station ‘created confusion’ with brand similar to rival Thomas Kurys, Wilson Lue LLP

A power struggle over the branding of a radio station in Edmonton has ended with a judge granting an injunction ordering it to stop using its current name and logo, ruling they damage the reputation of a rival company which had employed a similar brand in the past. ... [read more]

Thursday, November 21, 2019 @ 12:40 PM

International arbitration gets innovative: A creative solution arbitration_global_sm

In the first three parts of this series I wrote about innovative uses of international arbitration in other forms of disputes. In this final article I conclude that while there are a host of challenges to overcome in developing a workable and acceptable arbitration scheme for cross-border insolvency matters, the challenges appear to be surmountable with creativity and perseverance, such as the Judicial Insolvency Network (JIN) arbitration clause and JIN Basic Rules for Insolvency Arbitration. ... [read more]

Tuesday, November 19, 2019 @ 3:07 PM

Termination for defamation: HR tips to avoid Cherry scenario Poppy

You don’t keep an employee for long if they don’t have a positive impact on your business, and 38 years of Coach’s Corner would indicate that hockey broadcaster Don Cherry was good for Hockey Night in Canada. He clearly had a positive impact on TV ratings over the years and was an asset for his employer. But sometimes good things end and for Cherry it came in the form of a rant which many viewers took as anti-immigrant. ... [read more]

Tuesday, November 19, 2019 @ 12:32 PM

In defence of transactional common interest privilege top_secret_sm

On Oct. 31, 2019, The Lawyer’s Daily published “Transactional common interest privilege: Not over till it’s over”, by Alexander Gay. Commenting on the Federal Court of Appeal’s decision in Iggillis Holdings Inc. v. Canada (M.N.R.) 2018 FCA 51, Gay calls out Bay Street for its misplaced confidence that the threat to transactional common interest privilege created by the lower court Iggillis decision (2016 FC 1352) has been neutralized by the Federal Court of Appeal’s reversal of that decision. He suggests that transactional common interest privilege “undermines the administration of justice,” and that it is only a matter of time before this “orphan privilege” is once again challenged in Canadian courts. ... [read more]

Tuesday, November 19, 2019 @ 8:48 AM

Ontario changes immigration laws to tackle truck driver shortage truck_driver_sm

Earlier this year, the Ontario government introduced changes to the Ontario Immigration Act, 2015 that included a new immigration stream for transport truck drivers. Under this new stream, individuals intending to live in Ontario and work as transport truck drivers may now qualify to apply to the Ontario Immigration Nominee Program (OINP) for support in obtaining permanent residence status in Canada. This has been a welcome response to Canada’s long-haul truck driver shortage crisis. ... [read more]

Monday, November 18, 2019 @ 8:21 AM

Going nuclear: Freezing assets with a Mareva injunction frozen_dollar_sm

Courts are generally loath to permit “execution before judgment.” The simple reason is that a plaintiff has not yet proven their case against the defendant. Tying up a defendant’s assets pending a trial that may be a couple years away may cause an inequitable result if the defendant is ultimately successful in showing that a plaintiff’s claim is unmeritorious. The freezing order could also make the defendant unable to defend itself or result in a “forced” settlement on terms that the defendant would not have otherwise agreed to. ... [read more]

Friday, November 15, 2019 @ 2:34 PM

Evidentiary lessons from the medical malpractice trenches presenting_evidence_sm

In Cheesman v. Credit Valley Hospital 2019 ONSC 4996, the Ontario Superior Court of Justice provided guidance on some key evidentiary issues: 1) cross-examination of parties who have settled in multiparty litigation, and 2) the admissibility of PowerPoint and other demonstrative aids to facilitate expert testimony. ... [read more]

Friday, November 15, 2019 @ 8:34 AM

What employers should know about Ontario’s Pay Equity Act threeworkers and clock

Ontario employers are obligated to maintain practices that preserve pay equity. Despite the Ontario Pay Equity Act, R.S.O. 1990, c. P.7 (PEA) being in force since Jan. 1, 1988, many employers remain unaware of their pay equity obligations and, also, the significant penalties for failing to do so. ... [read more]