In-House Counsel
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June 03, 2024
B.C. expands whistleblower legislation to public post-secondary sector
The government of British Columbia has announced the expansion of its whistleblower legislation into the public post-secondary education sector effective June 1, with research universities scheduled to come under the province’s Public Interest Disclosure Act (PIDA) later this year.
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June 03, 2024
Cellphones in Ontario schools: Revenge porn and curriculum | Marvin Zuker
This must be a mandatory part of a high school curriculum, if not earlier, that teaches about mental health, a student’s right to privacy, the 2014 criminalization of the non-consensual distribution of intimate images as set out in s. 162.1 of the Criminal Code as well as a discussion of the common law tort of public disclosure of private facts, perhaps more significant in Ontario, which does not yet provide for a statutory breach of this privacy tort (See: Jones v. Tsige, 2012 ONCA 32, Jane Doe 464533 v. N.D., [2016] O.J. No. 382, and Jane Doe 72511 v. N.M., [2018] O.J. No. 5741).
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June 03, 2024
Launderers and financial restructuring
The world of finance is constantly evolving, and with it, the methods by which individuals and organizations attempt to hide illicit activities, such as money laundering.
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June 03, 2024
Privilege waived after submitting incident response report to regulators
A recent decision out of the Alberta Court of Appeal in CNOOC Petroleum North America ULC v. ITP SA, 2024 ABCA 139, found that one company waived privilege over its investigative reports into a pipeline incident when it handed over the reports to regulators.
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
Port Moody joins six other B.C. municipalities in ‘Sue Big Oil’ campaign to recover climate costs
The City of Port Moody, B.C., has passed a resolution in support of a proposed class action against large fossil fuel companies over the costs of preparing communities for climate change, according to a release.
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May 31, 2024
Quebec court supports limitation on Galen Weston testimony in bread price-fixing class action
In a class action lawsuit over alleged price-fixing of packaged bread, Loblaws president and executive chairman Galen Weston Jr. will not have to answer questions about an internal company investigation into the matter due to solicitor-client and litigation privilege, a Quebec Superior Court judge has ruled.
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May 31, 2024
TERMS — Express terms — Exclusion clauses
Appeal by Earthco Soil Mixtures Inc. (Earthco) from a judgment of the Ontario Court of Appeal which overturned a judgment dismissing Pine Valley Enteprises Inc.’s (Pine Valley) action for damages. Pine Valley bought topsoil from Earthco for use in a project for the city of Toronto (City).
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May 31, 2024
N.B. Crowns’ association warns of catastrophe if prosecutors go on strike
The president of an association representing unionized prosecutors in New Brunswick says it would be “catastrophic” if Crowns go on strike — as almost all of them have unofficially voted to do if a deal is not reached with the province.
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May 31, 2024
Cellphones in Ontario schools, the voice of the child, part three | Marvin Zuker
There is a significant perception gap between educators and students when it comes to the impact of social media on mental health. Too often, platforms like TikTok, Instagram and Snapchat are blamed for exacerbating students’ mental health problems.