News & Analysis

Layoffs: Employers, employees need to think long term

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 […]

Regulating cryptocurrency exchanges: The courts struggle

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, […]

Pension funds set to increase private equity allocations: survey

March 10, 2020 The majority (79 per cent) of pension fund and private equity professionals expect their passive private equity allocations to either stay the same or increase in 2020, according to a new survey by Torys LLP. Pension funds, in particular, cited competition for new investment opportunities (65 per cent) and pressure from limited partners […]

Arbitration clause doesn’t offend employment standards legislation, rules B.C. court

March 3, 2020 The British Columbia Supreme Court has ruled that a clause in an employment agreement mandating arbitration as a way of resolving wrongful dismissal disputes doesn’t illegally contract out of provincial employment standards legislation. The ruling departs from Ontario jurisprudence that’s currently under appeal to the Supreme Court of Canada. “The B.C. judge […]

Regulating cryptocurrency exchanges: Unclear definitions

Tuesday, March 03, 2020 In this, the first of our three-part series examining legal developments in the cryptocurrency arena, we take a look at the state of cryptocurrency regulation in Canada and elsewhere. “The uncertainty about whether cryptocurrencies should be regulated as currency, commodities or securities continues both globally and especially in Canada,” said Lori […]

Arbitrability of LTD claims in Ontario’s hospital sector heading to Supreme Court

February 26, 2020 The issue of whether long-term disability claims are arbitrable or matters for the court, which has plagued Ontario’s hospital sector for over a quarter of a century, is on its way to the Supreme Court of Canada. “The current state of the law, which denies employees seeking long-term disability benefits under insurance […]

$100M judgment against Bell may signal uptick in pension indexing litigation

February 24, 2020 The Ontario Court of Appeal has ruled that Bell and its related companies, including Bell Canada, Bell Media Inc., Expertech Network Installation Inc. and Bell Mobility Inc., have been miscalculating the cost-of-living adjustment due to their 35,000 pensioners since 2017. The judgment could cost the telecommunications company up to $100 million and signal […]

Canadian law firms hold their own when it comes to making money, U.S. legal publication says

Canada’s homegrown law firms are holding their own in Legal Week’s international law firm rankings October 17, 2016 Canada’s homegrown law firms, the ones who have not been absorbed by the global behemoths and who still have most of their lawyers in Canada, are holding their own in international law firm rankings. Osler, Hoskin & Harcourt […]

Rectification is not a ‘mulligan’ that can get companies out of taxation sand traps, Supreme Court says.

January 10, 2017 The Supreme Court of Canada is clamping down on the use of a legal tool that has allowed some taxpayers to lower their tax bills. In two separate decisions, one involving Fairmont Hotels and the other Jean Coutu, the Supreme Court has restricted access to a legal remedy called “rectification” to prevent […]

Generation Lex: Law schools seek balance between theory and practice

The battle for the modern law school: academic study in one corner of the ring, practical knowledge in the other April 25, 2017 Traditional bastions of legal learning are moving with the times by incorporating a more practical approach to legal education, yet critics say that they have not moved far enough or quickly enough […]

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