Justice and the pandemic: How Canada ranks
Friday, June 19, 2020 This article is the second of a three-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. What’s we’ve learned from the pandemic, in the justice system and elsewhere, is that we’re going to have to make do with less […]
What are the legal risks of ESG?
May 15, 2020 With environmental, social and governance considerations hovering on the agendas of legislators, shareholders and consumers, it’s easy to overlook the fact that responsible investment can be fraught with legal risks for pension plan sponsors. However, plan sponsors can mitigate much of that risk with a proper understanding of the distinction between ESG […]
Justice and the pandemic: The new gold standard
Tuesday, June 02, 2020 This article is the first of a three-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. When COVID-19 set the world askew, Canada’s justice system seemed ill equipped to confront the warnings and restrictions that emanated from public health […]
Pandemic data hubs and contractual, regulatory and ethical risks
Monday, May 11, 2020 One thing that hasn’t suffered from the COVID-19 pandemic is the big data analytics market — a development, however, that comes with a host of intellectual property (IP) and other legal issues. “The pandemic has accelerated the development of worldwide data hubs to collect data, and the development of software tools […]
Regulating cryptocurrency exchanges: Cleaner than cash
Friday, April 24, 2020 Unlike cash, central bank digital currencies (CBDCs), or national cryptocurrencies, are an excellent fit in a world where social distancing is the norm and disease outbreak prevention has moved to the forefront of societal concerns. “Because national cryptocurrencies are defined as legal tender from the get-go, there are no issues about […]
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 […]