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Thursday, November 14, 2019 @ 12:41 PM

The tricky question of what counts as employee mitigation | Stuart Rudner

It is well established that a dismissed employee has a duty to mitigate their damages by making reasonable efforts to find new employment. Recent jurisprudence confirms that this means the dismissed employee must look for and accept comparable employment, which makes sense; a former CEO should not be required to accept a job as a cashier as part of their duty to mitigate. ... [read more]

Thursday, November 14, 2019 @ 8:55 AM

International arbitration gets innovative: Overcoming problems arbitration_global_sm

In the first two parts of this series I wrote about innovative uses of international arbitration in other forms of disputes. After outlining a proposal by former United States Bankruptcy Judge Allan Gropper (The Arbitration of Cross-Border Business Insolvencies), I noted that so far there has not been a rush to agree to arbitration in cross-border insolvency matters. In this article I would like to discuss why. ... [read more]

Wednesday, November 13, 2019 @ 2:31 PM

Franchise disputes on rise in British Columbia lawyers_fighting_sm

These past several years have seen an uptick in franchise court decisions coming out of British Columbia. While the decisions have not yet started to apply provisions of B.C.’s new Franchises Act, which came into force in February 2017, they have otherwise started to gain steam. ... [read more]

Tuesday, November 12, 2019 @ 1:17 PM

Rights of workers in gig economy KidworkingonMac.jpg

The Canadian economy is increasingly being disrupted by new global businesses based on Internet apps and platforms. They are providing precarious gig economy work. In some cases, these are the only alternatives for people who no longer have access to traditional paid employment. Often this is because local employers have been driven out of business by the new competition. ... [read more]

Tuesday, November 12, 2019 @ 8:59 AM

Learning from the U.S. and vice versa american_legal_sm

Jeffrey Leon, a partner at Bennett Jones LLP in Toronto, has just completed a one-year term as only the second Canadian president of the American College of Trial Lawyers (ACTL). ... [read more]

Monday, November 11, 2019 @ 10:41 AM

Access to Justice: A2J Week about innovation, collaboration, action | Beverley McLachlin

The end of October marked the celebration of Access to Justice Week in three Canadian provinces — Saskatchewan, Ontario and British Columbia. I was pleased to be able to join Ontario’s justice sector leaders for part of their deliberations on the future of access to justice in Ontario and to follow the activities in the other provinces, albeit from a distance. ... [read more]

Friday, November 08, 2019 @ 2:08 PM

New pay equity legislation applicable to federally regulated employers Canadianflagandmoney.jpb

New legislation will introduce a pay equity framework for federally regulated employers with more than 10 employees in both the public and private sectors. ... [read more]

Friday, November 08, 2019 @ 12:33 PM

Benefit corporations: Legislators should tread lightly good_corporation_sm

The advent of the burgeoning benefit corporation movement represents a subtle but fundamental change in the way for-profit companies choose to do business. And Canadian legislators, who have been slow to act in support of this movement, should address it with comparable subtlety, recognizing that the movement is an evolution of existing law, bears no relationship to the not-for–profit sector and does not require a host of new regulatory approaches. ... [read more]

Thursday, November 07, 2019 @ 7:51 AM

Cloud security myth: Client data stored in Canada more secure cloud_security_sm

One of the key attributes of modernizing the tools and software used by law firms is migrating to cloud solutions, which offer greater reliability, features and security vis-a-vis on-premises software solutions. Despite the benefits, I routinely encounter the great myth of cloud technology within the first few minutes of any call, notably “Where is the data stored?” or “Is everything stored in Canada?” ... [read more]

Wednesday, November 06, 2019 @ 1:53 PM

International arbitration gets innovative: Privacy, confidentiality and appeals arbitration_global_sm

In the first article in this series, I wrote about innovative uses of international arbitration and the increasing attention on using arbitration for other forms of disputes. Despite the reasons articulated by Judge Gropper (The Arbitration of Cross-Border Business Insolvencies) why parties might wish to agree to arbitration in cross-border insolvency matters, there does not appear to have been a rush to do so. Yet the fundamental concept and reasons supporting it are logical. It may be that more work is needed. ... [read more]