Disputed

Heading to trial and feeling the nerves mount? Never fear, this episode of Disputed is here. Hosts Ted Brook and Erin Brown sit down with commercial litigators, Stephen Taylor and Tiffany O’Hearn Davies from our Toronto office, to share their top ten tips for winning civil trials in Canadian courts. Drawing on years of experience navigating complex disputes, Tiffany and Stephen discuss what true p...

Complying with a court order is a serious undertaking. Do it wrong and you may find yourself facing contempt of court. In this episode, hosts  Ted Brook  and  Erin Brown  unpack an intriguing case involving a rare finding of contempt against an Ontario regulator. Joining them in the conversation are guests  Chris Muir , a litigation partner in the Toronto office, and ...

Tariffs are a polarizing topic in today’s economic landscape. In this episode, host Erin Brown takes on the role of guest alongside Martin Masse, Senior Partner at Norton Rose Fulbright’s Ottawa office, as they join Ted to dive deep into the world of tariffs and trade disputes. Together, they demystify tariffs—explaining how they function and why they matter. In this conversation, Erin and Martin...

It’s that exciting time of year again, the release of the Norton Rose Fulbright Annual Litigation Trends Survey! Join hosts Ted and Erin as they dive into this year’s findings and what they mean for corporate counsel in 2025. In this episode, they break down some of the most pressing issues uncovered in the survey, including greenwashing risks, evolving cybersecurity regulations, and shifts in cla...

How much deference do the courts owe regulators? Should courts review regulations differently than other forms of administrative action? In a landmark pair of rulings released late last year, the Supreme Court of Canada clarified the standard of review for challenging regulations in Canada. The SCC’s new guidance in  Auer  and  TransAlta   is already impacting businesses in ind...

Understanding what can lead to post-closing disputes is crucial as no one likes to see a deal go sour after months of hard work. In this episode of Disputed, hosts Ted Brook and Erin Brown dive into the complexities of post-closing disputes, uncovering how and why deals can go awry even after months of preparation.  Joining them are Vanessa Grant, a senior partner and M&A lawyer from our...

Hosts Ted Brook and Erin Brown are joined by fellow partners, Maya Angenot, from Norton Rose Fulbright’s Montreal office, and Jeremy Devereux, from Norton Rose Fulbright’s Toronto office, to discuss the intricacies of class actions in Canada. In addition to comparing and contrasting how these types of cases differ between Ontario and Quebec, this episode takes a closer look at the burgeoning trend...

What makes a great litigator? When it comes to mastering the art of litigation, some lessons are best learned outside the classroom. In this episode of Disputed, hosts Ted Brook and Erin Brown go back to school and delve into what it takes to become a successful litigator, drawing from the experience of 11 seasoned professionals across all six of Norton Rose Fulbright's Canadian offices. They’ll d...

Transformative changes to the Competition Act are here. How will they affect the competition disputes landscape?  To kick off season 5 of Disputed, hosts Ted Brook and Erin Brown sit down to discuss the changes with guests Chris Hersh, Partner and Canadian Head of Antitrust and Competition based in Toronto, and Eric Lefebvre, Partner and litigator based in Montreal.   In addition to...

Disputed is back for another season, continuing to bring you an inside look on the trends, issues and developments across Canada’s evolving legal landscape through a litigator’s lens, and how to prepare for them. Fresh from our special miniseries, Undisputed: Litigation Trends Explored , our hosts Ted Brook, Partner, and Erin Brown, Senior Associate at Norton Rose Fulbright are here to bring you c...

What lies ahead for governance disputes in Canada? According to our 2024 Annual Litigation Trends Survey, the anticipated key contributors over the next 12 months are:  Board composition Executive compensation Conflicts of interest Issues with proxy statements In the fourth and final episode of our miniseries, hosts Ted Brook and Erin Brown discuss the unique practice of special situations al...

As regulatory requirements around climate and other Environmental Social and Governance (ESG) disclosures take shape and anti-ESG sentiment grows, organizations are increasingly finding themselves navigating a complex risk landscape. From our survey: • Issues surrounding board governance, executive compensation, conflict of interest and proxy battles have been flagged by 50% of Canadian survey res...

Our digital world is creating more data than ever before. And according to findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey, as data volumes grow exponentially, so do cybersecurity and data privacy concerns. From our survey: • 40% of organizations saw their cybersecurity dispute exposure grow in 2023 – more than any other area – as cyberattacks reached record levels and t...

What’s top of mind for litigation and disputes lawyers? Increased regulatory proceedings, rising class actions, and ever-growing concerns around ESG remain a priority for general counsel and in-house litigation leaders across Canada according to the Canadian findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey. So, what does this mean for the future of litigation in 2024? Our...

Our brand-new hosts Ted Brook, Partner, and Erin Brown, Senior Associate at Norton Rose Fulbright are excited to bring you a special four episode miniseries that unpacks the findings from our 2024 Annual Litigation Trends Survey. Undisputed: Litigation Trends Explored will share valuable insights around trending topics like ESG, cybersecurity, regulatory investigations and more, through candid con...

When will a company be held responsible if its employees are involved in wrongdoing? Are all companies measured by the same degree of accountability? And how is anti-corruption legislation applied when multiple jurisdictions are involved? The UK is strengthening its anti-corruption legislation, making significant changes that will introduce a statutory test for corporate criminal liability, introd...

In June, the Canadian Environmental Protection Act (CEPA) was amended for the first time in over 20 years. The most publicized amendment was the recognition that every individual has a “right to a healthy environment.” But even more significant for industry will be the changes to assessment and management of toxic chemicals, prohibited substances, and expanded government information powers. This e...

At its core, pro bono refers to lawyers’ broader duty to give back to communities, helping to bridge the gap in access to justice. There is no shortage of opportunity for lawyers to help people in need in this country, and that’s where the pro bono committee at Norton Rose Fulbright, led by Grace Pastine, KC, steps in. Grace is the firm’s Pro Bono Counsel (the role itself is a first of its kind in...

Influencer advertising on social media is one of the most pervasive and effective forms of marketing, but consumers are not always aware that an advertisement is being promoted as such. While the lines are blurred, both consumers and brands need to understand that these increasingly ubiquitous marketing tactics are coming under scrutiny by government regulators. Erin Brown and Vic Domen join us to...

In June 2023, the Competition Bureau is set to start enforcing amendments to Canada’s Competition Act that were announced in June 2022. These amendments seek to protect competition in Canada’s labour market and pertain to no-poach and wage-fixing agreements, which will become illegal and subject to criminal penalties. These amendments could possibly mean big changes for Canadian companies and how...

Sanctions compliance is increasingly complex: events in the past 12 months have triggered rapid developments in sanctions regimes in Canada and across the globe. When there is little guidance from Global Affairs Canada (GAC), how can businesses navigate the patchwork of statutes and regulations? What should Canadians do if a counterparty becomes the subject of economic sanctions? And how can you r...

We surveyed 437 in-house counsel across Canada and the US on their 2022 disputes experiences and expectations for 2023. The results? Greater regulatory scrutiny, increased hacker sophistication and a spotlight on employment and labour issues as workers return to the office in this post-COVID world, along with some interesting differences between Canada and the US. Joining us to share their insight...

Season 3 of Disputed starts with a look at Canada’s remediation agreement regime. In 2022, Canada saw its first court-approved remediation agreement under the “new” 2018 Criminal Code provisions – R c. SNC-Lavalin. Our guests, François Fontaine and Charles-Antoine Peladeau, negotiated that agreement and give us their insight into the practicalities of navigating this regime: what are the options f...

Have you noticed terms such as “the great resignation” and “quiet quitting” being thrown around in the last year or two? As employers look to recruit and retain talent, the conversation seems to have changed, with these concepts at the forefront and employers wondering about their obligations to provide work-life balance, offer flexibility and pour time and resources into creating a positive and s...

Battle of the experts: whether it’s between engineers advising on a pipeline’s propensity to crack or economists calculating the cost of a failed merger, experts have a vital role in helping the court understand technical issues to reach a fair and reasoned decision. But how do you pick the right expert for the case? How and when should you work with them? What makes expert evidence inadmissible?...