Disputed

When ending an employment contract, what constitutes just cause? Does employee misconduct mean they are not entitled to notice of termination or payment in lieu? And, what is the difference between a dismissal without cause and one that is legitimate? To answer these questions we turn to Paul Macchione, senior associate in our Toronto office, and Chanelle Wong, senior associate in our Vancouver of...

What do cryptocurrency and cannabis have in common? They both attract new and unseasoned investors who may be exposed to significant risks when representations about a business turn out to be misleading. The Ontario Securities Commission (OSC) watches this activity and introduces legislation to protect investors. Joining us to discuss what this all means are Jeff Kehoe and Linda Fuerst. Jeff is th...

The conversation on climate change and sustainability disputes continues. In this episode, we’re talking about greenwashing. Both public and private companies are being held to task on what they say about their climate footprint with regulatory bodies taking a bigger role in enforcement. Joining the discussion are Kellie Johnston and Ray Chartier. Kellie is chief sustainability officer (CSO) and g...

Across Canada, steps are being taken to tackle payment delays and disputes in the construction industry. Ontario’s law changed in 2019; Alberta’s law is changing on August 29 of this year. This episode looks at how Ontario’s prompt payment and adjudication regime is working in practice, and what similar changes mean for Alberta, with Kelly Moffet-Burima and Ted Brook. Kelly is a partner in our Cal...

Avatars, Bored Apes and Nike sneakers – a look at our new virtual reality with guest Nick Abrahams. As the Metaverse is expected to become a $1 trillion market, many of the world’s largest companies are investing in this new world, developing NFTs and building operating platforms. What’s all the fuss about? Are NFTs here to stay? How much of a Wild West is Web3? Nick is Global Head of Tech and Inn...

Part two of our double episode on Modern Slavery laws looks at what Canada is doing. After several years on the docket, will Bill S-211 finally become law in 2022? How does it compare to regimes in Europe, US and Australia? And what’s this about new Bill C-262, that would mandate prevention of human rights impacts abroad? We talk to Alison FitzGerald, Partner in our Ottawa office and Meaghan Farre...

Forty million. That is the estimated number of people trapped in modern slavery, with supply chains being a key risk area. Modern slavery laws have grown across the world: first California, then the UK, Europe and Australia. Canada’s new law is imminent. Part one of this series looks at the international picture: what key trends are emerging in the UK, Europe and Australia? How can we manage compl...

The past two years have brought uncertain, sometimes turbulent times to Canadian businesses and their supply chains. And when forced to make quick adjustments to address short-term bottlenecks, companies are often left with little time to assess long-term risk and liability. For this discussion, we welcome back Randy Sutton, global co-head of our life sciences and healthcare industry group and co-...

Is a competitor using your trade secrets? Is a former employee misusing confidential information? This episode is all about trade secret rights and how to enforce them. Businesses can rely on trade secret law to protect almost anything, from secret recipes and manufacturing methods to business plans and customer lists. IP lawyers Elizabeth Williams, partner and trademark agent based in Calgary, an...

I think, therefore I am…? Artificial Intelligence is changing our legal environment. But as machines continue to inform decision making and human interaction, what does this mean for long-established principles such as causation, standard of care, and procedural fairness? What ethical issues arise when we rely on machines to make a judgement call? And if a machine can learn on its own, can it be a...

Class actions are a rapidly evolving risk for Canadian businesses. COVID-19, employment, privacy, consumer protection: these are just a few areas where activity has increased, and it is happening across multiple industries and jurisdictions. As class actions develop in scope and complexity, so do strategies for predicting and managing what seems like a moving target. In this episode, we look at so...

The workplace Canadians are “returning” to is not what it was two years ago. The way we work – what, where and how we do it – has changed, and it’s brought rapid developments in the law. This episode starts by looking at the big-ticket issue: mandatory vaccination policies. We then look more broadly at the evolving definition of the workplace, and consider what recent case law can tell us about at...

Litigation funding – where a plaintiff’s litigation effort is financed by a third party in exchange for a portion of the proceeds of the case – is an established practice in jurisdictions such as the US and the UK, and is now becoming a regular feature of Canadian litigation, especially in the insolvency context. In this episode, hosts Ailsa Bloomer and Andrew McCoomb welcome our first industry gu...

Blockchain technology is, by definition, borderless. But what happens when such a widespread ledger becomes the focus of litigation? In this episode, hosts Andrew McCoomb and Ailsa Bloomer welcome Robert (Bob) Schwinger, commercial litigator and FinTech lawyer from our New York office. Bob brings us up to speed on just what, exactly, cryptocurrencies are, raising interesting jurisdictional questio...

A natural follow-up to our conversation on climate change disputes, in this episode, we talk about what happened in Glasgow last month, connecting key points from COP26 to current efforts in Canada to reduce emissions and develop sustainable technology. Hosts Ailsa Bloomer and Andrew McCoomb welcome guests from our Calgary and Vancouver offices: Alan Harvie, senior partner with over 30 years' expe...

At the date of this podcast, there are over 1800 global climate change lawsuits. 18 months ago, that number was 1,543. The effects of climate change are proliferating, and litigation is following suit. But what does a climate change & sustainability dispute look like? What laws and legal principles are engaged? And what can international trends tell us about Canada’s litigation risk profile? Ailsa...

Battle for the Board: proxy fights happen when shareholders rally to gain control of the company and its future. Even with the impact of COVID-19 on capital market activity, shareholder activism in the form of proxy battles is rising. Does that mean it’s getting easier to start a proxy fight? What factors are driving these battles? Join hosts Ailsa Bloomer and Andrew McCoomb as they ask Walied Sol...

Can the Canadian parent of a multinational organization be liable for actions of its foreign subsidiaries? Last year, the Supreme Court of Canada decision in Nevsun signalled to multinational entities that they must be alive to this risk. And globally, companies face increasing scrutiny to act sustainably and responsibly. Join co-hosts Ailsa Bloomer and Andrew McCoomb for a discussion on the chang...

Data breaches in Canada hit a record high last year with an average cost of more than $6 million per incident. Data breaches are beginning to affect every sector and industry and regulation is beginning to increase to address these breaches. The second episode in our cybersecurity series, join hosts Ailsa Bloomer and Andrew McCoomb as they dig into how best to manage a data privacy breach. What co...

Imagine you are the victim of a ransomware attack. A hacker gains access to your data and encrypts your files so you can't use them. When you log in to your system, you are confronted with a ransom demand; you’ve got to pay up if you want your data back. The ransomware industry is booming and attacks are up 151% this year compared to 2020. And the chaos it's causing is becoming more widespread. Wh...

Short form summaries considered by the financial advisor, fairness opinions determine whether a proposed transaction is fair from a financial perspective to company shareholders. In this episode, join hosts Ailsa Bloomer and Andrew McCoomb as they interview Steve Leitl, QC to find out why fairness opinions are becoming top of mind for courts, and what questions directors, shareholders and financia...