By Julius Melnitzer | May 26, 2021 Following their formal recognition by the Quebec Superior Court and British Columbia Supreme Court, reverse vesting orders (RVO) are poised to become extremely valuable tools in insolvency and restructuring proceedings — for the energy sector in particular. Historically, courts have used standard vesting orders to transfer purchased assets […]
By Julius Melnitzer | May 23, 2021 It’s hard to process the fact that the multi-billion dollar defamation lawsuits launched by Dominion Voting Systems and Smartmatic in the U.S. following on media allegations that they helped President Joe Biden “steal” the American election from Donald Trump may be facing uphill battles in American courts. Why […]
May 17, 2021 | By Marilyn Clarke, guest contributor With the expected enactment of Bill C-11 in late 2021, Canada’s privacy regime, which had become increasingly ineffectual and obsolete, will be obsolete no more. Bill C-11 introduces the Consumer Protection Privacy Act (CPPA) and Personal Information and Data Protection Tribunal Act (PIDPTA), which will replace Part 1 of the Personal […]
By Julius Melnitzer | May 20, 2021 For all the brouhaha about what the Ontario Court of Appeal (OCA) did or didn’t do in Ontario (Labour) v. Sudbury (City), or what courts might do in the future, what transpired is really quite simple: a unanimous Court said that an owner whose direct employees (as opposed […]
By Julius Melnitzer | May 19, 2021 This is the third of a three-part series. Read Part I and Part II. Canada’s competition laws don’t play favorites. There’s no preferential treatment for “national champions” whose expansionist aims are anti-competitive but don’t create efficiencies that – as we’ve pointed out previously – frequently promote job losses. […]
By Julius Melnitzer | May 16, 2021 REMOTE WORK: THE DISCONNECT The Littler 2021 Annual Employer Survey Report has uncovered a “disconnect” between employers and employees about what the return to physical workspaces should look like. The following paragraph says it all: While 71 percent of employers surveyed believe that most of their employees who […]
By Julius Melnitzer | May 13, 2021 This is the second article in a three-part series. With unemployment on the rise, adding fuel to the fire by encouraging labour force reduction seems counterproductive. But, as pointed out in Part I of this series, Canada’s competition laws do exactly that. The key culprits are the “efficiencies” […]
By Julius Melnitzer | May 12, 2021 This is the first article in a three-part series. Unemployment rates and merger and acquisition activity (M&A) in Canada are both on the rise. But they’re poor bedfellows, at least as far as Canada’s jobless are concerned. Why? Because Canada’s merger review laws are nothing less than a […]
By Julius Melnitzer | May 7, 2021 FCA : West Bank wine is not necessarily “Product of Israel” The Federal Court of Appeal has upheld a lower court ruling that “Product of Israel” labels on wines produced in the West Bank were “false, misleading and deceptive”. The court remitted the matter back to the Complaints […]
By Julius Melnitzer | May 6, 2021 Tucked away in the federal budget are proposals that will lighten the load for defined contribution pension plan administrators confronted with historical under and over contributions. “These errors are usually inadvertent system or software issues or new regulatory guidance or rulings that have retroactive effect,” says Mark Firman, […]