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In-House Counsel

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Friday, June 28, 2019 @ 1:36 PM

Absent exceptional circumstances, 24 months high end of reasonable notice twoyearcalendar.jpg

Early this year, we wrote about Dawe v. Equitable Life Insurance Company 2018 ONSC 3130, a case in which the Ontario Superior Court of Justice substantially extended the traditional 24-month upper limit on the reasonable notice period for an older, long-term, senior manager who was unable to secure comparable employment. The motion judge awarded 30 months’ notice and stated that, if asked, he would have awarded 36 months. ... [read more]

Friday, June 28, 2019 @ 10:42 AM

No winners in wrongful dismissal appeal decision caution_tape_sm

Most of the time, litigation produces a victor. But the victor isn’t always a winner. And sometimes there are no winners. ... [read more]

Friday, June 28, 2019 @ 8:54 AM

Statement of Principles stays for now as LSO Convocation becomes mired in debate Malcolm Mercer sm

After a full day of debate on the Statement of Principles (SOP), the Law Society of Ontario (LSO) was unable to come to a decision on the diversity initiative that has not only divided Convocation, but the profession as well. ... [read more]

Friday, June 28, 2019 @ 8:31 AM

Don’t rush to judge employees on medical, disability leave | Stuart Rudner

There are some pieces of advice that I offer repeatedly to clients in a variety of contexts. One of my favourites: “Do not rush to judgment.” Those knee-jerk, visceral or emotional reactions usually lead to bad decisions which can cost an organization dearly. ... [read more]

Thursday, June 27, 2019 @ 1:50 PM

Bill 124: Government eroding workers’ rights in Ontario tearingupcontract

Here we go again. If you’ve read the news lately, you’re likely well aware of recent cost-cutting actions taken by the Ontario government. In its most recent attempt to curb the deficit and the province’s debt, Queen’s Park has decided to again tackle expenditures without considering other sources of revenue generation (think a carbon tax?). ... [read more]

Thursday, June 27, 2019 @ 9:17 AM

Unique rules of evidence in international commercial arbitration evidence_documents_sm

There is a misconception that abounds international commercial arbitration, namely that it is an unstructured dispute resolution process that is free of evidentiary rules. All evidence is admissible and, when in doubt, it will go to weight. This, however, is false. ... [read more]

Tuesday, June 25, 2019 @ 11:05 AM

Reasonable notice unaffected by changes in professional corporate structure hiringvsoutsourcing

A recent decision of the Court of Appeal for Ontario, Theberge-Lindsay v. 3385022 Canada Inc. (Kutcher Dentistry Professional Corporation) 2019 ONCA 469, confirms that the utilization by a professional service employer of different corporate structures to enter into employment agreements with employees will not interrupt the length of their service in the calculation of reasonable notice upon termination without cause. The court left open the question of whether this principle may apply in the context of employees not employed in professional practices. 3385022 Canada also contributes to the jurisprudence on the subject of resignation from employment and the impact of a retraction of a resignation in creating a new employment agreement. ... [read more]

Monday, June 24, 2019 @ 9:09 AM

Implicit behaviour guidelines for counsel served up in appeal decision fighting_lawyers_sm

The Ontario Court of Appeal has recently issued a sharp caution to counsel who maintain their excessively adversarial positions over and above their duty to the court. ... [read more]

Friday, June 21, 2019 @ 2:32 PM

Downey commits to collaborative approach as Ontario’s new attorney general Exclusive

Lauded by former colleagues for his collegiality, Ontario’s new Attorney General Douglas Richard Downey plans to take a collaborative approach on new initiatives and lingering issues that dogged his predecessor, including one that drew a comment from Canada’s top judge. ... [read more]

Friday, June 21, 2019 @ 8:18 AM

U.S. looking for ways to reduce legal immigration visa_denied_sm

Immigration policy proposals under the current administration represent a continuing trend toward discouraging legal immigration to the United States. While current efforts to thwart illegal immigration dominate headlines, the opaque measures to reduce and frustrate legal immigration tend to fly under the radar. ... [read more]