Legal cases highlight issues around LTD coverage
October 12, 2018 Whether considering age eligibility or policy wording, recent rulings for employees in a pair of Ontario cases are reminders to employers to review their long-term disability offerings. When I’m 65 Ontario employers may no longer have the option to reduce or eliminate health and life insurance benefits for employees aged 65 or […]
Top 10 business decisions of 2019: From bankruptcy to beer
Wednesday, February 05, 2020 To kick off the new year right, here is a listing of the Top 10 business decisions in Canada for 2019. The listing will be in the form of a two-part series, which begins below with numbers 6-10, in ascending order. 10. Volkswagen Group Canada Inc. v. Association québécoise de lutte contre […]
Supreme Court set to hear Nevsun Resources case on Eritrea human rights abuses
One result may be that customary international law may be made to apply to companies as well as countries December 27, 2018 The future of the Canadian resource industry hangs in the balance as the Supreme Court of Canada prepares to hear a high-profile case accusing Canadian miner Nevsun Resources Ltd. of human rights abuses […]
UK clarifies scope of privilege
Decision of Court of Appeal allays concerns about narrowing scope of professional privilege Nov 27, 2018 A RECENT DECISION of England and Wales’s Court of Appeal has allayed concerns about the narrowing scope of professional privilege afforded to legal advice in the United Kingdom. The decision in Director of the Serious Fraud Office (SFO) v. Eurasian Natural Resources Corporation (ENRC), released […]
A 2018 roundup of the top legal cases in the benefits industry
December 21, 2018 When considering the legal cases attracting the most attention from the pension and benefits industry in 2018, the Ontario Human Rights Tribunal’s decision in Talos v. Grand Erie District School Board was one of the most talked about of the year. “This case is important because plan administrators who previously relied on the Employment Standards […]
Feds settle class action, compensating 1,700 who became ill on parental leave
February 13, 2019 The federal government’s about-face in settling a multi-million dollar class action in the Federal Court of Canada means more than 1,700 individuals who become ill while on parental leave between 2002 and 2013 will be compensated for the government’s refusal to convert their benefits into employment insurance sickness benefits. For 11 years […]
Top 10 Business Decisions of 2018
Canadian courts delivered a number of notable decisions that affected Canadian business in 2018, including the Federal Court of Appeal overturning Tsleil-Waututh Nation v. Canada (Attorney General) Feb 14, 2019 While six of Lexpert’s top 10 business decisions from Canadian appellate courts and administrative tribunals in 2018 came out arguably in favour of the business community, that trend […]
Billions of dollars in taxes could go up in smoke as $13.5B judgment weighs on tobacco industry
Industry’s demise would hit nation’s finances, the revenue stream cigarette sales provide to Aboriginal people, and lead to a potential boom in illicit tobacco trade May 13, 2019 12:50 PM EDT A $13.5 billion judgment against Canada’s Big Three tobacco companies has forced them into the largest and most complicated restructuring proceedings this country has […]
Amicus curiae in private family law cases
The Ontario Court of Appeal has enunciated the principles governing the appointment of amicus curiae (friend of the court) in private family law cases — and the message from Morwald Benevides v. Benevides 2019 ONCA 1023 is unequivocally that appointments in such cases should be the exceptions to the rule. “It would be rare in a family law case […]
More US firms choose to seat their arbitrations in Canada
Our judges are more hands-off. Our system is less litigious. Our country is more welcoming to international witnesses. And seating a case here is just as convenient. Canada, and Toronto in particular, has emerged as a hub for international arbitration for many reasons — and US attorneys and in-house counsel would do well to heed […]