News & Analysis

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Anticompetitive regulatory risk on the rise: COVID’s role

By Julius Melnitzer | March 2, 2021 COVID-19 and its economic aftermath have cast a dark shadow of regulatory risk on businesses coping with Canada’s competition laws. There are two reasons: the first is that regulatory enforcement of corporate laws tends to be at its highest in bad times; the second is that that our […]

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Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP

Thursday, February 25, 2021 @ 8:29 AM | By Julius Melnitzer What follows is our second annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. 10. British Columbia (Attorney General) v. Canada (Attorney General) 2020 SCC 1 It’s […]

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No accident benefits for Uber-driving lawyer attacked on the job

Licence Appeal Tribunal finds lawyer’s altercation and escape from disgruntled riders not an ‘accident’ By Court Report Canada | Feb. 18, 2021 An insurer was entitled to deny the accident benefit claim of a Toronto lawyer attacked by his Uber passengers, according to a decision by Ontario’s Licence Appeal Tribunal. The lawyer – who was still in […]

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The interplay of profit & relevance: post-COVID opportunities for law firms

By Julius Melnitzer | February 23, 2021 The economic and social upheaval wrought by the pandemic has driven home the notion that good corporate citizenship and profitability go hand in hand. “There’s a gathering consensus that the economy should be ‘better’ than before,” says Tony Williams, who leads Jomati Consultants LLP, a U.K.-based international management consultancy […]

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Pension regulators step up to the plate amid turmoil

By Julius Melnitzer | February 16, 2021 For almost a year now, federal and provincial pension regulators have been busily trying to mitigate the coronavirus pandemic’s effects. Regulators have never been more proactive than during COVID-19,” says Mitch Frazer, a pensions and employment law partner at Torys LLP. “They deserve full credit for refusing to […]

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GameStop: regulators’ dalliances are putting Canadian investors at risk

February 17, 2021 | Julius Melnitzer The GameStop short squeeze highlights just how much the deck is stacked against Canadian retail investors, says Russell Starr, CEO of Vancouver-based Trillium Gold Mines Inc. and co-founder of Echelon Wealth Partners Inc. “With WallStreetBets involved, there’s finally some insight into the extent to which our markets favour hedgers,” […]

Ten key tips: how to pivot your legal career

February 10, 2021 | By Rafeena Bacchus, guest contributor I’ve been a Toronto-based insurance defence and human rights counsel for more than 15 years. I’m now transitioning to a focus on mediation. The first installment of this two-part series will provide a general roadmap to pivoting a legal career; the second will specifically apply the […]

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Federal employers shouldn’t change employment entitlements during notice period: court

Julius Melnitzer | February 5, 2021 A recent decision from the Ontario Superior Court suggests that federally-regulated employers will be held to the same strict rules as their provincial counterparts in ensuring that termination provisions comply with minimum employment standards. “The decision in Sager v. TFI International Inc. extends courts’ pro-employee interpretation of termination clauses in the […]

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Too many “made for Twitter” decisions from the Supreme Court?

February 2, 2021| By Julius Melnitzer The Supreme Court of Canada’s growing tendency to dismiss appeals from the bench has been a subject of legitimate concern lately. As the Globe and Mail pointed out recently, the trend is accelerating: of late, the court has been releasing fewer in-depth reasons and a growing proportion of decisions […]

Debt & disease: As opportunism overcame COVID-19 concerns, companies raised record debt financings in 2020

January 29, 2021 | By Julius Melnitzer FP Dealmakers: With most of the pre-funding and stockpiling done in 2020, executives see a quieter year ahead Resiliency was the name of the game as opportunism overcame fear in Canada’s corporate debt capital markets in 2020. Even as COVID-19 ravaged the globe, many companies, motivated no doubt […]

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