Ontario’s Bill 148 contains controversial provisions viewed as negative for many employers. Ontario’s labour laws are undergoing their biggest changes since the 1990s. The overhaul is intended to benefit workers by raising the minimum wage in two stages to $15 an hour by 2019, ensuring equal pay for part-time employees, increasing vacation entitlements and making it easier to unionize in certain sectors where employment is precarious.
Canadian Lawyer InHouse magazine’s fourth annual Innovatio Awards: It’s been an amazing summer as we have travelled around Ontario and other parts of the country speaking to the winners of our fourth annual Innovatio awards. From Canopy Growth (formerly Tweed Marijuana Inc.), where Phil Shaer is doing deals in a space that is part of a fundamental change in how society views cannabis, to the biggest corporate merger in Canadian history — Enbridge/Spectra — we have visited with legal departments small and large. And I can tell you they are all passionate about what they do.
Changes to law in Ontario will demand comprehensive project management to avoid chances of adverse rulings down the road. A statute that governs the construction industry in Ontario is set for a major overhaul for the first time in nearly 35 years.The proposed changes to the Construction Lien Act, which could become law later this year, are an attempt to modernize the payment and dispute resolution systems in the industry and bring the statutory framework in line with jurisdictions in other countries.
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.
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.
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.
Learning to take risks leads to real innovation. I was asked to write about how I innovate as an in-house lawyer. My immediate answer was “stop thinking like a lawyer.” We are trained as lawyers to protect against risk and to get the best deal possible for our client. While my legal training has been instrumental to the value I bring, my successes to date would not have been possible if I was driven primarily by risk mitigation and getting the best deal possible.