Focus On

In-House Counsel

Latest

Thursday, October 22, 2020 @ 2:35 PM

CRTC’s jurisdiction eliminates court’s involvement court_decision_sm

The Quebec Superior Court’s inherent jurisdiction as the court of original general jurisdiction yielded to the exclusive jurisdiction expressly conferred on the Canadian Radio-television and Telecommunications Commission (CRTC) by the Broadcasting Act, SC 1991, c 11. Justice Gregory Moore in Vidéotron Ltée v. Bell Média Inc. 2020 QCCS 2767 determined that the subject matter prompting an application for injunctive relief had been formally and expressly assigned to the CRTC. By granting the declinatory motion, Justice Moore effectively qualified the CRTC as the “competent court” under article 31 of Code of Civil Procedure, CQLR c C-25.01 (C.C.P.). ... [read more]

Thursday, October 22, 2020 @ 2:32 PM

What it’s like to be Black@Blakes | Kyle Elliott

This past summer, the tragic deaths of George Floyd, Breonna Taylor and too many others have brought to light issues of racial injustice that have long plagued our institutions. At home and abroad, these events have led to protests, policy debates and many difficult conversations about what we can individually and collectively do to combat anti-Black racism. It reminded many that the fight for equality and inclusion is as urgent as ever. ... [read more]

Thursday, October 22, 2020 @ 9:52 AM

Feminism’s true ‘she-roes’ | Naomi Sayers

Every year, on Oct. 18 or Persons Day, I sit and wait for all the feminist lawyers to talk about the strides that Canada has made in terms of its equality and equity in treatment of women in Canada. Yet, it is with each year that I am reminded of Canada’s past that does not permit us the space and time to honour the true “she-roes” of Canada’s legal history — all the Indigenous sex workers who have come before us, before me and who continue their fight for recognition of rights as persons under and before the law. ... [read more]

Thursday, October 22, 2020 @ 8:42 AM

COVID-19’s impact on trucking industry: Part one covid_trucker_sm

The Canadian trucking industry has had to adapt to the changing circumstances of COVID-19 in order to keep supply chains moving. This article serves as an overview of some of the legal issues that this industry has faced and considerations in connection with the reopening of the economy. ... [read more]

Wednesday, October 21, 2020 @ 1:24 PM

Ad hoc fiduciary duties and equitable fraud legal_team_sm

Justice Phillip Sutherland recently heard an interesting trial, Wong v. Li et al. 2020 ONSC 4299, in Newmarket, Ont., involving a Richmond Hill lawyer who was suing two of his real estate assistants for damages related to his suspension by the Law Society of Ontario (LSO) in 2012. ... [read more]

Tuesday, October 20, 2020 @ 2:44 PM

A/V performances, economic rights, copyright protection: Beijing Treaty Actors

For several years actors, musicians and performers have voiced their disappointment over difficulties in getting paid for all the work they do; especially when it is reproduced or otherwise used in digital platforms on terms that run afoul of their economic interests. In efforts to redress the economic disparity experienced within these groups, the Beijing Treaty on Audiovisual Performances came into force earlier this year. ... [read more]

Tuesday, October 20, 2020 @ 12:58 PM

A defence of self-defence schools closed during COVID-19: Part two karate_covid_sm

I was actually present at Northern Karate Schools (NKS) in Toronto when the bylaw officers showed up on the evening of Thursday, Oct. 15. I can attest to the fact that every applicable condition of operating under COVID-19 restrictions was being met. Given that conditions 1 and 3 of the Reopening Ontario Act [S.O. 2020] are inconsistent, I would argue that the “no class” prohibition must be taken to mean no class with more than 10 people, to be consistent with the rest of the section. ... [read more]

Tuesday, October 20, 2020 @ 9:17 AM

Uber v. Heller: Is arbitration or class action preferable? Fooddeliveryonscooter

In the case of Uber Technologies Inc. v. Heller 2020 SCC 16, David Heller initiated a class action proceeding in 2017 for $400 million against Uber for violations of the Employment Standards Act, 2000 (ESA), alleging that he and other class members were employees and thus entitled to benefits under the ESA. In response to this claim, Uber attempted to rely on an arbitration clause found in their standard form services agreement. As such, the Supreme Court of Canada was tasked with determining the enforceability of an arbitration clause between global business company Uber and its drivers. ... [read more]

Monday, October 19, 2020 @ 1:38 PM

A defence of self-defence schools closed during COVID-19: Part one karate_covid_sm

On Oct. 15, bylaw officers ordered what are arguably the two most well-known martial arts schools in Toronto, Northern Karate Schools (NKS) and Toronto BJJ, to close for 28 days. This, said the officers, was in response to Ontario’s latest attempts to curtail an apparent “second wave” of the COVID-19 pandemic in the “hot spots” of Toronto, Peel and Ottawa. ... [read more]

Friday, October 16, 2020 @ 12:32 PM

Juries: Trick or treat? | Marcel Strigberger

Juries first scared me at the age of 9. How? I grew up in Montreal, the son of immigrants from Belgium. One day my late father, a humble tailor, received a letter with an impressive-looking logo of the scales of justice. My dad, whose literary skills did not approximate his ability to alter a fine pair of trousers, asked me to read and translate it. I noticed the word “jury,” whatever that meant. I suspected it had nothing to do with hockey. ... [read more]