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In-House Counsel


Thursday, August 16, 2018 @ 1:17 PM

Ruling out stereotypes | Jennifer Taylor and Jessica Piper

We were disappointed to read a recent The Lawyer’s Daily article setting out rules that women law students should follow during their articling interviews. These included, “Wear a skirt” and “Ensure that your skirt is not too short and not too long.” Let’s be clear: In 2018, women don’t need to wear skirts to job interviews (or hide their family status, or talk about sports they’re not interested in — which were two of the other rules in the article). ... [read more]

Thursday, August 16, 2018 @ 10:37 AM

The definitive federal regulations on cannabis production cannabis_production_sm

On July 11, the federal government published the final version of the regulations applicable to holders of various Health Canada cannabis production licences. This important step is the culmination of a lengthy consultation process and comes on the heels of the recent announcement of the coming into force of the Cannabis Act and the Cannabis Regulations on Oct.17. ... [read more]

Thursday, August 16, 2018 @ 8:44 AM

Gathering the facts for class action reform in Ontario | Nye Thomas

It has been 25 years since the enactment of Ontario’s Class Proceedings Act (CPA). In that time, class actions have grown in number, complexity, impact…and controversy. ... [read more]

Wednesday, August 15, 2018 @ 11:09 AM

Accommodating workers’ chronic pain complex issue for employers, lawyer says Brian_Wasyliw_sm

Getting a clear picture from a doctor of what a chronic pain sufferer can and cannot do at work is key for employers needing to accommodate the disability, says a lawyer. Toronto employment lawyer Brian Wasyliw says that while chronic pain can often be a nebulous and imprecise ailment met by employers with uncertainty, skepticism and, at times, a raised eyebrow of suspicion, it nonetheless must be addressed by finding out the workplace limitations faced by legitimate sufferers. ... [read more]

Tuesday, August 14, 2018 @ 10:23 AM

Trade sanctions: Assess the risks and have a compliance program trade_sanctions_sm

At the beginning of August, 2018, Saudi Arabia imposed significant sanctions against Canada. Trade sanctions punish governments or individuals for unwanted activities. Targets of trade sanctions suffer economically, and the country imposing them intends to alter the target’s behaviour. In this case, Saudi Arabia imposed sanctions in response to a tweet from Canada's Foreign Affairs Department that it was “gravely concerned” about the arrest of political activists in Saudi Arabia. Canada’s government has, as of writing, refused to alter its position on human rights in Saudi Arabia. ... [read more]

Monday, August 13, 2018 @ 1:17 PM

Social media still grey zone for HR departments: Caution is advised Megaphonecomputer_sm.jpg

Spider-Man first appeared in 1962 in Marvel’s Amazing Fantasy No.15. While much has changed since the 1960s, one line from the comic still holds true today— “With great power, comes great responsibility”. Today’s society is constantly changing and a major medium of this change is social media. Social media continues to be a “grey zone” for employees and employers alike, who struggle to regulate their behaviour or understand the consequences of their actions. ... [read more]

Monday, August 13, 2018 @ 8:40 AM

Residential contractors, owners both have rights and obligations when renovating house_repairs_sm

In 2005, the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A (the Act) was amended and replaced previous consumer protection legislation in Ontario. The Act mandates specific requirements with respect to the contents of consumer agreements, sets out prohibited practices by suppliers and provides robust remedies for consumers. Residential owners and contractors alike need to be mindful of their rights and obligations when entering into agreements for renovations and/or repairs. ... [read more]

Friday, August 10, 2018 @ 1:25 PM

New B.C. family responsibility leave requires full disclosure on the part of employee bossworkerchat_sm.jpg

A late 2017 arbitration decision out of British Columbia — Kone Inc. v. International Union of Elevator Constructors, Local 82 (Kelpin Grievance)  [2017] B.C.C.A.A.A. No. 128 — confirmed that employees cannot “ambush” employers with an after-the-fact claim that going AWOL was actually a legislatively protected leave. In this case, the leave claimed was B.C. “family responsibility leave." Given the recent changes to the Employment Standards Act, B.C. employers will be likely to receive more requests for protected leaves. ... [read more]

Thursday, August 09, 2018 @ 9:34 AM

Use of facial recognition software at Calgary malls raises privacy concerns Giuseppina D’Agostino, Osgoode Hall Law School

It is a common occurrence to see people checking the directory in a mall to get the location of the most popular stores. But what is less well known is that some malls have begun using those directories to identify shoppers’ age and gender, and legal analysts are noting they are walking a tightrope in ensuring those scans are not violating people’s privacy. ... [read more]

Thursday, August 09, 2018 @ 8:51 AM

Franchise disclosure and the right to future exemptions franchise_disclosure_sm

Canadian provincial franchise statutes oblige franchisors to provide prospective franchisees with a franchise disclosure document (FDD) and create several exemptions from this obligation. This article addresses the question of whether a franchisor may deliver an FDD during the franchise grant process, while reserving a future right to rely on one or more of the statutory disclosure exemptions. ... [read more]