News & Analysis

Do incumbents have an edge?

01 Apr 2019 In the last bencher election, in 2015, all 22 incumbent lawyer benchers that ran for re-election kept their seats in Convocation, of 40 available spots, according to statistics from the Law Society of Ontario analyzed by Law Times. With the bencher election coming later this month and a record-setting number of candidates, hopefuls are […]

Court of Appeal rejects recognizing tort of harassment

The Ontario Court of Appeal has emphatically rejected “harassment” as a freestanding tort, at least in employment cases — but it didn’t close the door on the tort forever. 25 Mar 2019 The Ontario Court of Appeal has emphatically rejected “harassment” as a freestanding tort, at least in employment cases — but it didn’t close […]

$20-million judgment overturned

The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. 25 Mar 2019 The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. “The case cried out for scrutiny,” says Doug Cunningham […]

Ontario court grants appeal for employee in long-term disability case

March 27, 2019 The Ontario Court of Appeal has ordered a full trial for an employee who sued for $300,000 in long-term disability benefits despite signing a document that released such claims. The decision in Swampillai v. Royal & Sun Alliance Insurance Co. of Canada reverses a lower court decision that summarily found the release to be […]

Driving Innovation

Technology aimed at lawyers continues to change the way law is practised as those with deep subject-matter expertise recognize there’s a better way to service clients Mar 14, 2019 Berating the legal profession as lacking in innovative drive — particularly when it comes to technology — verges on the fashionable. But fashion passes, frequently into […]

Are big fund managers’ sizeable holdings in companies hurting competition? The Competition Bureau thinks it might

Common ownership by the likes of BlackRock and Vanguard in airlines and soft drinks sectors have led to higher prices and less innovation in those markets, one analyst says March 5, 2019 | 2:09 PM EST Canada’s Competition Bureau, following the lead of other international regulators, is investigating an increased emphasis on common ownership in […]

‘Vestige of the past’: Competition Bureau mulls scrapping ‘efficiencies’ defence in merger laws

Advocates had argued that the law was crucial as consolidation can be more beneficial than competition, but its value appears to have diminished in the digital economy April 30, 201910:51 AM EDT With the Competition Bureau poised to release new guidelines on the role of efficiencies in merger reviews, Canada’s unique “efficiencies” defence, which allows […]

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 […]

New Competition Bureau commissioner targets telecom, pharma and infrastructure industry

The Bureau is in the final stages of hiring a chief digital enforcement officer, with the mandate to improve and modernize the regulator’s approach to digital enforcement May 23, 2019 10:44 AM EDT Less than three months after his appointment as Canada’s Commissioner of Competition, Matthew Boswell’s presence is already being felt. Boswell, a former […]

Pension industry welcomes clarity around electronic communications

May 22, 2019 Plan administrators are welcoming the increased clarity accompanying the amendment of Ontario’s Pension Benefits Act to allow for the electronic designation of beneficiaries and the re-issue of the Canadian Association of Pension Supervisory Authorities’ guideline No. 2, which establishes best practices for electronic communications in the pension industry. “Clarity on the ability to […]

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