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In-House Counsel


Thursday, September 07, 2023 @ 1:36 PM - Last Updated: Friday, September 08, 2023 @ 4:45 PM

Tribunal’s ‘good character’ decision ‘black mark’ on profession, lawyer says; LSO appeals

The Law Society of Ontario’s (LSO) appeal of a Law Society Tribunal decision casts into the spotlight the need for lawyers to be of “good character.” The tribunal’s decision, which determined that a man who admitted to sexually abusing minors was of “good character,” granting his application for an L1 licence, is a “black mark” on the profession, a lawyer stressed. ... [read more]

Thursday, September 07, 2023 @ 12:20 PM

Appeal dismissed: Court upholds Workers’ Compensation Appeal Tribunal decision Back injury

In the case of Guitard v. New Brunswick (Workplace Health, Safety and Compensation Commission) [2023] N.B.J. No. 157, the Court of Appeal of New Brunswick dismissed an appeal from the Workers’ Compensation Appeals Tribunal, finding that absent a palpable and overriding error, the Appeals Tribunal’s decision must be given deference. ... [read more]

Wednesday, September 06, 2023 @ 12:07 PM

Quebec appellate decision underlines need to implement robust workplace safety measures: experts Amissi Manirabona

An appeal by a Quebec City company that was found guilty of criminal negligence causing the death of one of its workers was dismissed by the Quebec Court of Appeal in a “very important” decision that may spur law enforcement officials and Crown prosecutors across the country to be more aggressive and hold to account organizations and decision-makers for workplace deaths, according to legal experts. ... [read more]

Wednesday, September 06, 2023 @ 9:55 AM

Employer’s guide to terminations in Ontario Chair

While never an ideal outcome, it is crucial for employers to know how to properly navigate the employee’s termination when they occur. Generally speaking, there are two types of employment terminations: termination for cause and termination without cause. This distinction is important, as they require different approaches, and mishandling them can create liabilities and headaches. ... [read more]

Tuesday, September 05, 2023 @ 4:45 PM

Ottawa extends tenure, assessments of judicial advisory committees to three years from two Federal Justice MInister Arif Virani

Faced with loud complaints that Ottawa chronically takes too long to fill vacancies on the superior courts, the Liberal government has announced that new members of its 17 judicial advisory committees (JACs) which vet applications for the bench across Canada will serve for three years, rather than two, while the JACs’ evaluations of individual applicants as “highly recommended,” “recommended” and “unable to recommend” for the federal benches are similarly extended to three years from two, as of Aug. 1. ... [read more]

Tuesday, September 05, 2023 @ 2:21 PM

Better late than never? Not when it comes to expert reports Lawyer looking at files

This is a case study of the decision in Lamothe v. Sudbury Trail Plan Assn., 2023 ONSC 3176. Gaetan Lamothe, the plaintiff, was in a snowmobile accident in 2014. The plaintiff served several expert opinion reports regarding the nature and extent of his injuries. The defendant did not serve any responding expert opinion reports. The matter was set down for trial twice; in 2019 (delayed due to COVID) and in September 2023. In February 2023, the defendant moved to require the plaintiff to undergo four independent medical assessments and leave to extend the deadline to deliver the reports late if the assessments are ordered. ... [read more]

Tuesday, September 05, 2023 @ 1:27 PM

Canadian legal market AI survey shows high awareness of tech, ‘significant’ ethical concerns

Generative artificial intelligence (GAI) tools, such as ChatGPT, have been a hot topic for the legal profession over the past year, with courts, associations and law schools grappling with the implications of the technology. A new report, issued by LexisNexis Canada, noted that a vast majority of the Canadian legal market had “significant” concerns about the ethical implications of generative AI and over half of the profession, as well as students, believe it will “change law schools and the way law is taught and studied.” ... [read more]

Tuesday, September 05, 2023 @ 1:00 PM

New Brunswick: Shame on you and your policy 713: Epilogue | Marvin Zuker

When I completed my writing the first week of August 2023 about New Brunswick and policy 713, I thought maybe, maybe, I’m done and let’s wait and see what happens in that province. Well, I was clearly wrong. The minister of education in Saskatchewan has clearly taken a page from the education minister in New Brunswick. In terms of public school education, these policies are arguably patently unlawful. It is about the best interests of the child and the welfare of the child as “even” the Saskatchewan Court of Appeal recently alluded to. See Peterson v. Peterson 2019 SKCA 76. ... [read more]

Friday, September 01, 2023 @ 4:29 PM

Consultation begins on proposed regs for controversial Online News Act aimed at digital giants

The federal government has proposed regulations to implement the contentious Online News Act that Ottawa says will help news media across Canada “negotiate fair compensation” when their work appears in dominant social media platforms or search engines, such as Facebook and Google. ... [read more]

Friday, September 01, 2023 @ 12:58 PM

Lawyers obtain interlocutory injunction to stop defamatory social media posts Hand holding smartphone with line through it

Defamatory statements posted on social media are difficult contain given the ease with which such statements may be copied, shared and reposted. The potential reputational damage from defamatory statements may begin as soon as the posts are made and may last as long as the posts remain widely available. Given the notoriously slow speed of civil proceedings, plaintiffs may need to seek injunctive relief to try to stop and contain defamatory posts before trial. ... [read more]