Issue Archive

Monday, 25 April 2016 09:00

No clear path

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No clear pathThe Supreme Court of Canada is normally the end of the road for contentious legal issues, regardless of which area of the law is being argued. In its long-awaited decision last December in a trilogy of secondary markets class action appeals, however, lawyers who acted on the plaintiff side and those on the defendant side of these actions were left wanting when it came to the big picture in this area.
Monday, 25 April 2016 09:00

Protecting consumer privacy

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Protecting consumer privacyPolice requests for information in a data-heavy world have thrust Canada’s telecommunications companies into the front line in the battle for their customers’ privacy rights, an expensive venture that is setting new guidelines for authorities and for the phone companies themselves.
Monday, 25 April 2016 09:00

The shifting sands of cybersecurity

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The shifting sands of cybersecurityAn ounce of prevention is worth a pound of cure, so the saying goes, and while it may seem trite, for in-house counsel who have to deal with the aftermath of a cyberattack or data breach, that recommendation overwhelms all others. When intellectual property and customer information falls into the wrong hands, how well prepared the organization is for such an eventuality will determine the ramifications.
Monday, 25 April 2016 09:00

Depending on employment

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Depending on employmentThe plaintiffs, Lawrence and Marilyn Keenan, had been employed by Canac for a number of years when both were asked to become independent contractors. Thereafter, both held the title of independent contractor for 22 years. 
Much ado about nothing?On Oct. 5, 2015, 12 countries, including Canada, signed the final draft of the Trans-Pacific Partnership Agreement. Ratification must occur within two years. Intellectual property was a contentious issue during negotiations, in particular aspects relating to pharmaceuticals, such as patent term extensions, data protection, and patent/drug approval “linkage” mechanisms.
Quebec’s own class action  authorization regimeQuebec stands alone in the Canadian common law legal landscape with a French-inherited legal system inspired by the Napoleonic Code. Unsurprisingly, Quebec’s class action regime differs from that of the jurisdictions surrounding it.
Will this be the year for an uptick in M&A for resource sector?More mergers and acquisitions activity may be coming down the pipes for the Canadian oil and gas sector, as companies can no longer delay the sale of non-performing assets, lawyers say.
Monday, 25 April 2016 09:00

Advocate for the cloud

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Advocate for the cloudOne sunny morning in Toronto this past summer, a group of media, business people, and various dignitaries waited for mayor John Tory to arrive at the Delta Toronto near the Air Canada Centre for a surprise press conference hosted by Microsoft Canada.
Monday, 25 April 2016 09:00

From articles to in-house

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From articles to in-houseOver the course of my in-house career, and more recently as president of the Ontario Chapter of the Association of Corporate Counsel, it has become apparent to me that more lawyers are seeking and obtaining in-house roles earlier in their careers. 
Monday, 25 April 2016 09:00

Why are women earning less?

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At the national conference of the Canadian Association of Corporate Counsel in April, it was widely touted that 52 per cent of members are now women. It confirmed what has been known for a while — there is basically a 50/50 split of women and men in the in-house bar.
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