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SCC decision means: “Basically, you can’t dismiss someone on a without-cause basis. The employee has a substantive right to challenge their dismissal now — that’s been reconfirmed,” says lawyer Stacey Ball.
SCC decision means: “Basically, you can’t dismiss someone on a without-cause basis. The employee has a substantive right to challenge their dismissal now — that’s been reconfirmed,” says lawyer Stacey Ball.
In a dramatic reversal, last week the Supreme Court overturned what had been called a “game-changing” decision by the Federal Court of Appeal and ruled that non-unionized employees of federally regulated businesses are entitled to similar protections against dismissal as those afforded to unionized workers.
Monday, 18 July 2016 09:00

The international lawyer’s dilemma

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The international lawyer’s dilemmaAt this time of the year, it is very common to start receiving calls from law students seeking last minute articling positions. There are often many reasons as to why these students have been unable to secure a role.
Monday, 11 July 2016 06:32

Preparing for Brexit’s bumpy ride

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Bennett Jones lawyer Matthew Kronby says there’s “a lot of goodwill” to bring the Comprehensive Economic and Trade Agreement into force, even if ratification is complicated by the Brexit vote.
Bennett Jones lawyer Matthew Kronby says there’s “a lot of goodwill” to bring the Comprehensive Economic and Trade Agreement into force, even if ratification is complicated by the Brexit vote.
It’s too early to know the full impact Brexit will have on Canadian companies with operations abroad, but lawyers say it’s not too early to consider and start planning for the ramifications for businesses here. 
General counsel should be more involved in board member selectionWhile a general counsel spends most of his or her time providing legal support directly to the senior management team and the board, ultimately, the client is the corporation. 
Directors’ liability for statutory breaches: lifting the corporate veilCanadian law has always recognized the separate identity between a corporation and its directors. Only in very limited circumstances will a court pierce the corporate veil to hold a director personally liable for corporate wrongs. For example, a director may be responsible for individual tortious conduct that causes the plaintiff injury.
Using big data to advance diversity and inclusivenessIn May, I attended the Chief Legal Officer Exchange in Miami. The conference took place over two days and was a great opportunity to network and make new contacts. I also had the pleasure of taking part in a panel of esteemed colleagues to discuss “Moving the Needle on Diversity and Inclusiveness” within the legal profession.
Speakers at the Legal Leaders for Diversity annual meeting (Ken Fredeen, Deloitte, Kathleen Lickers, Simon Fish, BMO) discuss how to increase Canadian’s engagement with Indigenous’ issues.
Speakers at the Legal Leaders for Diversity annual meeting (Ken Fredeen, Deloitte, Kathleen Lickers, Simon Fish, BMO) discuss how to increase Canadian’s engagement with Indigenous’ issues.
A Six Nations lawyer whose grandfather was the first registered Aboriginal lawyer in Ontario is challenging the in-house bar to ensure it is doing all it can to give indigenous people equal access to opportunities in the corporate sector.
Strategies for managing a global legal departmentGlobal legal departments are challenged by diversity, not only of the individuals who make up the organization but also internal clients, external suppliers, customers, strategic partners, and stakeholders, as well as diversity in the various legal and regulatory regimes and business cultures within which they operate.
Lorenzo Lisi says given the nature of some high-profile investigations like the Jian Ghomeshi case and legislation in Ontario, it shouldn’t seem unusual for the union to request an investigation.
Lorenzo Lisi says given the nature of some high-profile investigations like the Jian Ghomeshi case and legislation in Ontario, it shouldn’t seem unusual for the union to request an investigation.
Is a third-party investigation always necessary or can an organization safely rely on an internal examination of events when an incident rooted in the workplace rocks an entire group of employees?
‘The bigger issue is what is the reasonable standard of conduct a proponent should expect from a Crown decision-maker, period,’ says Thomas Isaac.
‘The bigger issue is what is the reasonable standard of conduct a proponent should expect from a Crown decision-maker, period,’ says Thomas Isaac.
An Ontario Superior Court judge has dismissed a $110-million claim launched by a junior mining exploration company against the province of Ontario for breach of duty of care on the duty to consult, but the inherent question in the case will likely rise again, say experts.
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