In-House Counsel
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May 10, 2024
Authorized Quebec consumer class actions being dismissed on the merits
Despite Quebec’s low threshold for the authorization of a class action, this does not appear to be any indication of the success of the case on the merits. Until recently, defendants facing an authorized class action often considered settlement negotiations with the plaintiff rather than going to trial. However, a series of recent decisions indicate that defendants may be wise to challenge plaintiff’s claims on the merits.
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May 10, 2024
Court dismisses motion, cites ‘culture of complacency’ and delays in civil justice system
An Ontario Superior Court judge has dismissed leave to bring a motion in a long-running business dispute, lashing out at constant delays and a culture of complacency in Ontario's civil justice system.
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May 10, 2024
Federal Court affirms Employment Insurance Commission’s decision to disentitle EI benefits
In the complex realm of administrative law, the recent ruling by the Federal Court sheds light on the intricacies of employment insurance (EI) entitlements. Mr. Puig, an international student seeking regular EI benefits, found himself embroiled in a legal dispute after being disentitled from benefits in March 2021 due to study permit restrictions. Exploring the intricate issues of policy interpretation, evidentiary requirements, and judicial discretion, this case encapsulates the challenges faced by individuals navigating the complexities of administrative processes (Puig v. Canada (Attorney General), [2024] F.C.J. No. 517.
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May 10, 2024
Pioneering sustainability: Charting new frontiers in fund finance
In recent years, sustainable finance has become increasingly prevalent, reflecting a growing awareness of environmental, social and governance (ESG) factors within the finance sector. The release of the Guide to the Application of the Sustainability Linked Loan Principles in Fund Finance (Guide) in March 2024 marks a significant milestone in this evolving landscape.
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May 09, 2024
OSC initiative: Early-stage businesses can raise up to $3M without registration as dealer
The Ontario Securities Commission (OSC) has announced a series of initiatives aimed at enhancing access to capital for early-stage businesses in Ontario, including exempting early-stage businesses from being registered as dealers under the Securities Act when raising capital to $3 million.
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May 09, 2024
N.B. looks to greater regulations for private career colleges
In the name of increased protections for post-secondary students, New Brunswick is proposing legislative changes that would mean greater regulation over private career colleges in the province.
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May 09, 2024
Terminated for failure to follow vaccination policy? No EI for you.
Are we done with COVID vaccination policy litigation? Not yet.
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May 09, 2024
Partial stays of procedure in favour of arbitration: All or nothing
What happens when a plaintiff brings an action where some of the relief sought falls within the scope of an arbitration clause, but the principal claim is unrelated? Does a judge let the action proceed in court on the basis that the essential character of the matter is non-arbitrable? Do they grant a stay in favour of arbitration because there is a sliver of matter that is subject to arbitration? Or, can the court grant a partial stay: can it stay those matters (and the relief sought) that are arguably subject to arbitration and let the rest go to court?
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May 09, 2024
How AI protections in new SAG-AFTRA agreement affect Canadian actors
“What’s the difference between theft and research?” went the old joke back in university. Answer: volume!
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May 08, 2024
Federal workers’ unions file legal challenges, complaints against three-day on-site work mandate
Unions representing 270,000 federal public service workers have filed a series of legal challenges in opposition to the government’s new mandate requiring its workers to report to the office three days per week, according to a release by the Public Service Alliance of Canada (PSAC).