• Norm Keith

    Employee violated fitness for duty policy

    Company did not discriminate against cocaine addict fired for cause. The Supreme Court of Canada recently ruled that an employer may terminate a worker for just cause when he violated a fitness for duty policy by attending work under the influence of drugs. This landmark decision upheld a ruling of the Alberta Human Rights Tribunal that the employer did not unlawfully discriminate when a worker’s employment was terminated for breach of a safety rule that prohibited a worker from being under the influence of alcohol or drugs at work.

    Norm Keith|Sep 19, 2017
  • Jennifer Brown

    How do you measure innovation?

    In all the conversations I have with our in-house judges, with leaders in law firms and other service providers who are touting innovation in law, about how we determine what is innovative for our annual Innovatio Awards it seems everyone is looking for that unicorn of a project or individual who is doing things no one has seen before. Innovation means different things to different people. For some it must involve technology, for others it’s about process change or reducing costs. For others cost is not the number one factor, it’s about delivering legal services better or reducing risk for the organization.

    Jennifer Brown|Sep 19, 2017
  • Balancing act

    Protective measures assist in careful disclosure of financial statements in Quebec litigation. For a private company involved in legal proceedings, a request by other parties for the disclosure of its financial statements can be cause for concern, due to the sensitivity of information and issues that may arise from disclosure. When faced with such a request, judges often seek to balance the rights of the parties to ensure that no one is prejudiced or gains an undue advantage over the other.

    Gerry Apostolatos and Caroline Dunberry|Sep 19, 2017
  • Keyword advertising: practical considerations for advertisers

    Actual use of a competitor’s trademark should be avoided. Keyword advertising has quickly become one of the most commonly used methods of online advertising. However, whether using a third party’s trademarks as keywords in keyword advertisement could potentially lead to liability for trademark infringement or passing off has been a relatively undeveloped area of trademark law.

    Lei Gao and Andrew Kaikai|Sep 19, 2017
  • Michael Spratt

    Bill C-45 no cure to the ills inflicted through marijuana criminalization

    The irrationality of the Liberal government’s legislation to legalize marijuana was brought into sharp focus last week as bill C-45 made its way through the health committee. The problem is obvious ­— the war on drugs has been an abject failure. Criminalization of marijuana abdicates control over the production, distribution and regulation of cannabis to criminal organizations. Yes, your dealer may be a middle-class, suburban stay-at-home dad, but as a criminal lawyer, I have seen the bloodshed brought about by illegal weed. The bottom line is that the criminalization of marijuana kills.

    Michael Spratt|Sep 18, 2017
  • Fernando Garcia

    How can law firms and in-house departments move the needle on diversity?

    I recently attended the Hispanic National Bar Association’s 42nd Annual Convention which took place from Sept. 6 – Sept. 9 in Kansas City. This convention did not disappoint, as it was an incredible opportunity to network with law students, community representatives, government officials and legal professionals from the Hispanic and the diversity community from across the U.S. (plus myself and a few colleagues from Latin America). It was made very clear throughout the convention that, despite good intentions and a valiant effort, diversity and inclusiveness within the legal profession remain elusive and the needle has, if at all, only barely moved.

    Fernando Garcia|Sep 18, 2017
  • Tony Wilson

    Feds playing the class warfare card is a political miscalculation

    It’s disappointing to see Finance Minister Bill Morneau and Prime Minister Justin Trudeau engage in a subtle form of “class warfare” against professionals and small-business people given the proposed tax changes that would detrimentally affect lawyers, doctors, farmers and other small-business people who run their businesses through corporations. So, let’s be a bit bold and provocative in the definitions department and call these people “job creators.”

    Tony Wilson|Sep 18, 2017
  • Lisa R. Lifshitz

    Ottawa’s draft PIPEDA amendments highlight the importance of security safeguards

    It’s been a long wait. More than two years have passed since Ottawa amended Canada’s federal private sector privacy law, the Personal Information Protection and Electronic Documents Act, by enacting Bill S-4, the Digital Privacy Act, to establish mandatory data breach reporting requirements. Yet, ss. 10.1 through 10.3, the provisions outlining the obligations for breach reporting and notification, still are not in force pending the creation of necessary regulations.

    Lisa R. Lifshitz|Sep 18, 2017
  • Simone Hughes

    How did they sell me that car? By asking more questions, you can find solutions to people’s needs and close the deal

    I stumbled on some photos of my first car last week — a British Leyland Motor Corporation (not BMW) Mini in British Racing [AKA bright] Green. In my cherished memories, that car was my best friend, my badge of independence, my freedom, my proof of being grown up, my ticket to popularity, my pride and my joy.

    Simone Hughes|Sep 11, 2017
  • Kevin Cheung

    Review your data protection policies and procedures

    With multiple infamous instances of law firm data breaches over the last few years, implementing security measures to protect electronically stored information has been a hot topic.

    Kevin Cheung|Sep 11, 2017