Articles 2021

This article is a summary of a paper entitled “Ethics and the In-House Counsel: Going Beyond the Normal in Combating Labour Abuses”, which was first presented at Canadian Corporate Counsel Association’s National Conference in Toronto, Ontario in April-May 2018.

The concept and role of section 3 counsel is inherently tricky, because counsel is, on one hand, tasked to represent individuals whose capacity is in issue, yet the lawyer is still bound by the Rules of Professional Conduct and Rules of Civil Procedure and duty-bound not to take or act on instruction if the client is found to lack the capacity to instruct.

On February 20, 2019, the Ministry of Government and Consumer Services announced that the Progressive Conservative government of Ontario intends to revive the previous government’s efforts to transform Tarion Warranty Corporation, and will also be implementing initiatives to better protect purchasers of cancelled pre-construction condominium projects.

Glenda Mallon, Ryerson University’s interim assistant VP, shares her thoughts on shifting roles from in-house counsel to business leader

Employers take note: the Court of Appeal recognizes advance notice of termination in mass terminations and invalidates notice period due to excessive overtime and temporary work

The concept of the “franchisor’s associate” is one of the vaguest concepts under Ontario franchise legislation and one of the most perilous for individuals offering franchises.

There were five substantive civil decisions released by the Court of Appeal for Ontario this week. In two of them, the Court continued to provide guidance on the “valid defence” analysis to be undertaken pursuant to the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.

Read about some key takeaways from the Education Law Section's Institute 2019 program on issues and trends in student discipline since amendments to the Education Act ten years ago.

Topics covered this week included the application of s.137.1 of the Court of Justice Act, the interaction between pre-incorporation contract provisions of the Ontario Business Corporations Act and the common law rules governing deposits in real estate transactions, the enforceability of restrictive covenants where the underlying contract has been frustrated, and secured creditors’ rights of entry to repossess equipment.

In Lapierre v The Queen, the Tax Court of Canada considered the Canadian federal income tax treatment of an international civilian consultant's income from employment, concluding that the taxpayer was not eligible for particular deductions available to certain Canadian Armed Forces personnel who perform similar duties.