Focus On

In-House Counsel


Wednesday, May 20, 2020 @ 1:51 PM

Constructive dismissal, unemployment during COVID-19 Pinkslip

Because COVID-19 is a national and global health crisis, with the potential to bring about significant economic turmoil, many businesses are being forced (or may be forced soon) to temporarily lay off their employees. ... [read more]

Wednesday, May 20, 2020 @ 1:41 PM

Hiring process was not tainted by discrimination, rules Quebec Appeal Court Finn_Makela

A public transport agency did not infringe on a Montrealer’s right to equal access to employment when it ended the process to hire him as a bus driver for health reasons, held the Quebec Court of Appeal. ... [read more]

Tuesday, May 19, 2020 @ 9:14 AM

Foreign workers: Employer quick change to aid economic recovery economy_restart_sm

In the last two months over three million Canadian jobs have been lost from business closures due to COVID-19, and tens of thousands of businesses have been forced to close permanently. This has caused the thousands of foreign workers included in these job losses to be faced with the prospect of having to obtain new work permits to work for new employers. Moreover, disruptions due to COVID-19 have made obtaining new work permits nearly impossible for many foreign workers. ... [read more]

Tuesday, May 19, 2020 @ 8:35 AM

Avoiding mistakes: Estate planning technology plus and minus nails_bent_sm

As we discussed in the first article of this series, claims against wills and estates practitioners in Ontario have been on an upswing in the last decade. This is our second article on how technology can protect against malpractice claims. ... [read more]

Friday, May 15, 2020 @ 2:22 PM

More power to the supervising judge | Janis Sarra

The Supreme Court of Canada, in its recently released judgment, 9354-9186 Québec inc. v. Callidus Capital Corp. 2020 SCC 10, has reinforced the deference that appellate courts should give to decisions of the supervising judge in proceedings pursuant to the Companies’ Creditors Arrangement Act (CCAA). ... [read more]

Friday, May 15, 2020 @ 8:43 AM

Avoiding mistakes: How technology can help wills and estates practitioners nails_bent_sm

According to Ontario’s professional liability insurance provider, LawPRO, claims against wills and estates practitioners in Ontario have been on an upswing in the last decade, nearly doubling in frequency. As litigators who often prosecute claims against lawyers accused of negligence, we have observed first hand the types of mistakes that are often made. These mistakes generally stem from a failure to stay informed about the relevant law and/or to adopt and follow best practices when carrying out their duties. ... [read more]

Thursday, May 14, 2020 @ 1:47 PM

A checklist for franchise causes of action: Common law franchise_magnify_sm

This article provides an outline of frequently claimed substantive franchise causes of action under common law. (Two earlier articles in this series addressed procedural issues in franchise litigation and substantive causes of action that are statute-based.) ... [read more]

Wednesday, May 13, 2020 @ 11:16 AM

Choice of law, choice of court clauses signpost_two_sm

Does a choice-of-law, choice-of-court clause include or exclude the Convention on Contracts for the International Sale of Goods (CISG)? ... [read more]

Tuesday, May 12, 2020 @ 12:29 PM

Expectations to consult: Who cares about precedents, rule of law? cancelled_stamp_sm

In Canada, the principle of separation of powers requires that political disputes be resolved through political processes and not reviewed in courts; such disputes are non-justiciable. Courts, however, often struggle to determine whether a dispute is purely political, or it raises a justiciable issue. ... [read more]

Tuesday, May 12, 2020 @ 10:43 AM

Constructive dismissal: New reality under COVID-19 Pinkslip

When an employer unilaterally amends a fundamental term of the employment contract, the employee has three choices: ... [read more]