July 16, 2020 This article is the fourth of a five-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. Endemic problems of delay aside, a significant new challenge faces our civil justice system as the country’s courts tiptoe their way to reopening. In […]
June 24, 2020 As Ontario Superior Court Chief Justice Geoffrey Morawetz sees it, Canada’s poor ranking in the Enforcing Contracts indicator found in the World Bank’s Doing Business 2020 study is but one measure by which the effectiveness of our courts should be gauged. The study, which tracks the time and cost for resolving a commercial dispute through […]
July 27, 2020 The Supreme Court of Canada will rule Friday on whether public interest immunity, previously known as Crown privilege, permits provincial governments to withhold confidential cabinet documents in the context of judicial review applications. The judgments in Attorney General of British Columbia v. Provincial Court Judges’ Association of British Columbia and Attorney General […]
Friday, June 19, 2020 This article is the second of a three-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. What’s we’ve learned from the pandemic, in the justice system and elsewhere, is that we’re going to have to make do with less […]
May 15, 2020 With environmental, social and governance considerations hovering on the agendas of legislators, shareholders and consumers, it’s easy to overlook the fact that responsible investment can be fraught with legal risks for pension plan sponsors. However, plan sponsors can mitigate much of that risk with a proper understanding of the distinction between ESG […]
Tuesday, June 02, 2020 This article is the first of a three-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. When COVID-19 set the world askew, Canada’s justice system seemed ill equipped to confront the warnings and restrictions that emanated from public health […]
Monday, May 11, 2020 One thing that hasn’t suffered from the COVID-19 pandemic is the big data analytics market — a development, however, that comes with a host of intellectual property (IP) and other legal issues. “The pandemic has accelerated the development of worldwide data hubs to collect data, and the development of software tools […]
Friday, April 24, 2020 Unlike cash, central bank digital currencies (CBDCs), or national cryptocurrencies, are an excellent fit in a world where social distancing is the norm and disease outbreak prevention has moved to the forefront of societal concerns. “Because national cryptocurrencies are defined as legal tender from the get-go, there are no issues about […]
Thursday, April 09, 2020 As Natalie MacDonald sees it, flexibility is the core strategy for employers and employees seeking to survive the vortex of economic chaos and COVID-19 that now permeates our society and the world. “Employers, if the employee can use their vacation or pay in lieu of time off, let them,” said the […]
Tuesday, March 24, 2020 Cryptocurrency remains, in many ways, a novel asset class. No surprise, then, that courts in many jurisdictions are still trying to figure out how their law applies to the phenomenon. “The overarching theme is whether cryptocurrency is property or not, and the answer depends on the cryptocurrency’s architecture,” said John Kim, […]