FCA rejects privilege for end product where claimant fails to show how document reveals legal advice
The danger is that CRA can use end products to reverse engineer legal advice By Julius Melnitzer | April 19, 2023 A recent Federal Court of Appeal decision has done little to assuage the uncertainty as to whether and when legal advice “end product” is subject to solicitor-client privilege. In BMO Nesbitt Burns Inc. v. Canada (National […]
Critical minerals sector will have to wait on speedier timelines for development
By: Julius Melnitzer | April 18, 2023 Ottawa has made critical minerals development a centrepiece of its economic agenda, but when it comes to the bureaucracy surrounding impact assessment and other permitting processes for major projects, much is still up in the air. The March 28 federal budget proposed a raft of measures to advance the sector, seen as […]
Kashif Zaman, VP, legal at Toronto-Dominion Bank, on his new formula for success in-house
Zaman says integrating his M&A group with other departments is his proudest achievement so far By Julius Melnitzer | April 13, 2023 Serendipity and career path often intertwine – which is how Kashif Zaman finds himself helping steer the ship as vice-president, legal at the Toronto-Dominion Bank. Called in Ontario in 2002, Zaman articled at Torys […]
Rusty Juma lives his dream as Volkswagen’s new general counsel
Success in automotive industry isn’t that different from success in professional services, he says By Julius Melnitzer | April 12, 2023 Rusty Juma has spent his entire in-house career with professional services firms; he’s also been a car aficionado all his life. So, his new job as general counsel and corporate secretary to Volkswagen Group Canada Inc. and […]
No need to distinguish between Catastrophic and non-CAT injuries, says Matt Sutton of Thomson Rogers
Process would be more equitable if claimants only had to prove necessity of treatment This article was produced by Canadian Lawyer in partnership with Thomson Rogers Lawyers By Julius Melnitzer | April 11, 2023 Ontario’s no-fault insurance scheme should do away with the distinction between catastrophic and non-CAT injuries, says Matt Sutton, a personal injury lawyer […]
Dow’s Lorne O’Reilly relishes being a one-person show
He’s the only in-house lawyer involved in the construction of the world’s largest ethylene cracker By Julius Melnitzer | April 5, 2023 When you think of Dow Chemical, you think big, which makes it somewhat surprising that Lorne O’Reilly is the only lawyer in Dow Chemical Canada’s legal department. But he relishes the opportunities his job […]
BARE BONES BRIEFS: Celebrities abound for BLG’s Guy Pratte’s new podcast | BJ’s Will Osler chairs Calgary Stampede | SCC has opportunity to resolve test for appealing domestic arbitral awards | SCC launches new electronic filing portal | Wildeboer’s 30th anniversary
By Julius Melnitzer | March 30, 2023 BLG’s Pratte launches Art of Persuasion podcast Borden Ladner Gervais LLP’s Guy Pratte, one of Canada’s top litigators will launch The Art of Persuasion, his new podcast, on April 21. The podcast will feature conversations with notable Canadians including former Prime Minister Brian Mulroney, defence counsel Marie Henein, […]
The case for employee ownership trusts
By Julius Melnitzer | March 29, 2023 Tuesday’s federal budget finally provided Canadian businesses with the promise of a vehicle — the employee ownership trust (EOT) — that incentivizes business owners to sell their businesses to their employees. The budget contemplates that rules governing the EOTs will come into effect on January 1, 2024. “EOTs […]
Zoom trials: benefits outweigh hiccups
By Julius Melnitzer | March 28, 2023 Alf Kwinter of Toronto’s Singer Kwinter, a 77-year-old icon of the plaintiff’s personal injury bar who is in his 51st year of practice, has become an advocate of the virtual Zoom trial. “I was very surprised by how well it worked, so much so that the recent move […]
Employers can’t rely on original termination clauses when employee responsibilities increase: court
By: Julius Melnitzer | March 27, 2023 The Ontario Court of Appeal has ruled that employers can’t rely on termination clauses when employees’ duties have escalated significantly after they signed their original employment contracts, including situations where the employee didn’t receive a promotion. In its ruling, the court relied on the changed substratum doctrine, which states […]