The Complete Brief
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April 23, 2025
The evolution of vicarious liability in sexual abuse cases: Application in recent cases
There have been several decisions in the past five years when Canadian courts have considered vicarious liability in the context of sexual misconduct. For the second instalment of our two-part series, we delve into the application of vicarious liability in recent Canadian judicial decisions in the context of sexual misconduct.
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April 23, 2025
Canada needs stricter visa screening to fight antisemitism
Effective March 9, 2025, United States Citizenship and Immigration Services (USCIS) began screening the social media accounts of applicants for immigration benefits’ to determine if they were engaged in antisemitic activity — including online content and the physical harassment of Jewish individuals — as grounds to deny immigration benefit requests. This policy applies to individuals seeking lawful permanent resident status, foreign students and those affiliated with educational institutions linked to antisemitic activity.
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April 23, 2025
Call rights in shareholders’ agreements: Navigating the anti-deprivation rule
The shareholders’ agreement governs the relationship among a corporation’s shareholders. It often establishes the rules governing the exit of a shareholder — for instance, by way of call right provisions upon the occurrence of certain triggering events.
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April 23, 2025
Navigating AI in the workplace: Legal frameworks and considerations for employers
The integration of artificial intelligence into the workplace has the potential to significantly impact both individual roles and organizational dynamics. Early this year, the Quebec privacy regulator submitted a brief regarding the use of AI in the workplace to the Québec Ministère du Travail.
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April 23, 2025
Hate everything or risk the consequences
I would have to guess that at the law firm where I toiled for 34 years, some people like what I write on LinkedIn, and some do not. The reason I have to guess is that with the very occasional exception of one associate, none of them ever react or comment.
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April 22, 2025
OSC report: Over a third of retail investors have acted on ‘finfluencer’ investment advice
Financial influencers on social media are shaping the investment decisions of retail investors, with a recent Ontario Securities Commission survey finding that 35 per cent of retail investors have acted on advice from a “finfluencer.”
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April 22, 2025
B.C. court dismisses proposed wrongful dismissal class action over lack of common employer
The British Columbia Supreme Court has dismissed a class action certification finding that the plaintiff could not establish that the employer was common among the class members.
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April 22, 2025
B.C. Court of Appeal finds trial judge miscalculated loss of income damages in personal injury case
The B.C. Court of Appeal has increased a damages award for earnings losses in a personal injury case, finding that the trial judge erred by using a capital asset approach to assess the plaintiff’s loss of past and future earning capacity.
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April 22, 2025
Law Commission of Ontario seeking answers on use of AI in criminal justice
The Law Commission of Ontario has started a public consultation process to explore the implications of artificial intelligence in the criminal justice system, seeking to gather diverse perspectives on its use and regulation.
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April 22, 2025
The evolution of vicarious liability in sexual abuse cases
In Canada, the legal doctrine of vicarious liability can be used to hold organizations liable for the wrongful conduct of their employees, agents and volunteers. The doctrine has been held to apply to sexual misconduct in the context of school boards, religious institutions and volunteer organizations, and in various circumstances, including where it occurred outside the organization’s premises.