Focus On

In-House Counsel


Monday, September 14, 2020 @ 8:40 AM

Paper-based vs. paperless vs. digital paperless_office_sm

Recently I spent three days in a law firm boardroom digitizing the entirety of a law firm’s corporate minute book collection. One by one we combed through the pages of the binders, carefully disassembling decades-old records to be fed through the scanner that worked effortlessly, albeit with a faint hum. ... [read more]

Friday, September 11, 2020 @ 11:57 AM

Advancing litigation during COVID-19 conference silhouette

The restrictions that have been implemented due to the COVID-19 pandemic have had far-reaching effects across Ontario and Canada. The legal profession has also been susceptible to drastic changes and thus has had to adapt to continue to service clients and carry files during a period when the courts have been closed and we are generally working from home more often.  ... [read more]

Friday, September 11, 2020 @ 11:13 AM

Writing for lawyers: Thriller? News flash? Memorandum? There’s a difference writervector

Here’s a fun exercise — take a pen and throw it at a lawyer. Chances are you’ll hit someone who aspires to write a thriller or become a journalist. ... [read more]

Thursday, September 10, 2020 @ 11:13 AM

Court vs. commercial arbitration after COVID: Dealing with the backlog virtual_law_sm

In my previous article in this series on the pros and cons of virtual proceedings, whether in court or in arbitration, I stated that one common theme throughout the literature and commentary is that there will be a “new reality” to dispute resolution processes post COVID-19. The first issue discussed in that article was adapting to virtual proceedings. The second “new” issue that I will address in this article is how to deal with the backlog created by the pandemic. ... [read more]

Friday, September 04, 2020 @ 8:42 AM

Court vs. commercial arbitration after COVID: Adapting to the virtual virtual_law_sm

Five years ago, my colleague Gannon Beaulne and I published an article in The Advocates' Journal (Summer 2015 at pages 11-21) titled Making up your mind: Trial litigation versus Arbitration in the Commercial World. The title was derived from the well-known song by the Lovin' Spoonful: “Did you ever have to make up your mind?/ You pick up on one and leave the other behind./ It's not often easy and not often kind./ Did you ever have to make up your mind?” ... [read more]

Thursday, September 03, 2020 @ 1:10 PM

Law school practical: Non-disputing party system underutilized BTLS

During my journey through law school at the University of Ottawa, I was fortunate to participate in a joint economic law clinic, part of the Trade Lab international economic law network. This two-part series is based on my group’s work involving taking stock of non-disputing party (NDP) participation in the Investor State Dispute Settlement system (ISDS). The first part of this series looked at the history of ISDS and NDP participation. In this part, I continue the discussion by showing how the NDP system is underutilized, underscore why law reform should be an ongoing process, as well as illustrate the benefits of practical classes in law school. ... [read more]

Wednesday, September 02, 2020 @ 2:23 PM

Competition Bureau agrees to new framework on cross-border enforcement

The federal Competition Bureau announced that it has agreed to a new framework with five of its foreign counterparts aimed at improving the ability to co-operate on enforcement of competition law in an increasingly digital and global economy. ... [read more]

Wednesday, September 02, 2020 @ 2:00 PM

Privacy commissioner reaffirms original position ​on transborder transfer of data

Confusion over the legality of outsourcing personal information under the Personal Information Protection and Electronic Documents Act (PIPEDA) has now been clarified in a new report from the Office of the Privacy Commissioner of Canada (OPC). In its wake, organizations across the country are breathing a collective sigh of relief. ... [read more]

Wednesday, September 02, 2020 @ 1:18 PM

Navigating the modern courtroom: Ontario steps up | Karen Heath

In the first two articles in this series, it would be fair to say that my musings on modernizing Canadian courts have carried somewhat of a disparaging tone. It is true, I rode in from The Hague on a high horse, armed with technology best practices from the International Criminal Court I thought were sorely lacking in our justice system. While I do stand by my previous convictions, I offer something different today: a rosier outlook. ... [read more]

Wednesday, September 02, 2020 @ 12:05 PM

CIBC appoints new chief legal officer

Canadian Imperial Bank of Commerce (CIBC) president and CEO Victor Dodig announced on Sept. 1 that Kikelomo (Kike) Lawal has been appointed executive vice-president and chief legal officer, effective Oct. 12, 2020. ... [read more]