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In-House Counsel


Tuesday, June 26, 2018 @ 8:26 AM

New OPC consent guidelines mean adjustments to privacy procedures digital_privacy_sm

On May 24, 2018 the Office of the Privacy Commissioner of Canada (OPC) published two important new guidance documents. These guidance documents follow a more than two-year process of review and stakeholder consultation by the OPC focusing on the role and viability of consent under the federal privacy law, PIPEDA, in the context of advances in technology, including digital media, big data and artificial intelligence. ... [read more]

Friday, June 22, 2018 @ 6:19 PM - Last Updated: Monday, June 25, 2018 @ 11:55 AM

Chief Justice Wagner calls for judicial discipline reforms as Ottawa drags heels on removing sidelined judge Richard Wagner

Canada’s top judge has called on the Trudeau government to enact reforms to reduce the persistent lengthy delays and high costs of the federal judicial discipline process. ... [read more]

Friday, June 22, 2018 @ 8:30 AM

Ontario proposing income tax credit instead of minimum wage hike tax_cut_sm

With the election of Doug Ford as Ontario’s new Premier comes changes that will have immediate repercussions for a large number of employees in the Province. These changes will be felt particularly by lower income employees who rely upon the protections provided by minimum wage legislation. ... [read more]

Wednesday, June 20, 2018 @ 9:09 AM

Temporary entry for business persons under the Trans-Pacific Partnership immigration_tpp_sm

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) was signed March 8, 2018. In addition to trade provisions, the CPTPP enables foreign nationals to enter member countries for business purposes, under reciprocal agreements. This will increase opportunities for Canadians to conduct business in member countries. It will also provide additional options for foreign business persons to enter Canada without demonstrating a distinct labour market need. Instead, business persons from member countries will be eligible to enter Canada as business visitors, intra-company transferees, investors, or professionals/technicians, provided they meet the qualifying criteria. ... [read more]

Tuesday, June 19, 2018 @ 9:36 AM

Sexual harassment claims a perfect storm of trouble for businesses, say lawyers Alix Herber and Sarah Graves

As a result of a #MeToo-charged environment, and because of media attention on high-profile Canadian examples, Alix Herber and Sarah Graves, who are partners at Fasken Martineau DuMoulin LLP in the labour and employment group, are busier than they’ve ever been with sexual harassment cases. ... [read more]

Tuesday, June 19, 2018 @ 9:04 AM

Anonymity, jurisdiction, ‘unpublishing’ are frontline defamation issues, panel says

Two challenges dominate online defamation litigation: anonymity and jurisdiction. These issues, as well as the policy concerns raised by “unpublishing” materials posted online, were debated by a panel of industry experts at the Law Commission of Ontario’s (LCO) conference “Defamation Law and the Internet: Where Do We Go From Here?” ... [read more]

Monday, June 18, 2018 @ 9:39 AM

Discriminatory benefit loophole closed for those over 65 | Stuart Rudner

It has been over a decade since Ontario effectively abolished mandatory retirement by amending the Human Rights Code to extend its protection against discrimination to workers over the age of 65. The legislation which effected this change had an interesting twist, however: it allowed employers to offer different (i.e., lesser) benefits to those older workers. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Friday, June 15, 2018 @ 9:33 AM

Franchise supplier’s duty of care doesn’t extend to economic loss sub_sandwhich_sm

In 1688782 Ontario Inc. v. Maple Leaf Foods Inc. 2018 ONCA 407, a decision released on April 30, the Court of Appeal for Ontario held that the defendant Maple Leaf Foods, which was the exclusive supplier of core menu items to the Mr. Sub franchise system, was not liable to franchisees in the system for alleged economic loss caused by a food recall. ... [read more]

Friday, June 15, 2018 @ 9:31 AM

Defamation law reform requires consideration of reputation, community in Internet age Jamie Cameron sm

Updating defamation law in consideration of Internet speech, social media and digital publishing platforms is a necessary, but challenging task. The Law Commission of Ontario’s (LCO) current project on “Defamation Law in the Internet Age” has inspired legal academics across the world to engage in the discussion about setting the stage for reform. ... [read more]