In-House Counsel
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September 04, 2024
Advanced waiver agreements in arbitrations
Coming to an agreement on the choice of arbitrator in international arbitration is not always easy. Conflicts abound that pose legal risks to the parties, including the eventual challenge of an award or a possible challenge to its enforcement under the New York Convention. Thus, parties will often turn to advance waiver agreements to cover any possible legal risk stemming from any pre-existing relationship or involvement in a subject matter arbitration that may give rise to a possible conflict of interest. However, while part autonomy rules in arbitration, the parties must respect the standards of impartiality and independence found in the enabling legislation, the institutional rules and the soft law instruments.
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September 04, 2024
Court: Shoppers Drug Mart breached franchise agreements in keeping $1.084B in allowances
Shopper’s Drug Mart breached agreements with its franchisees when it retained $1.084 billion in professional allowances received from generic drug manufacturers for direct patient services, the Ontario Court of Appeal has held.
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September 04, 2024
New measures to control Temporary Foreign Worker Program insufficient
The recent announcement regarding the Temporary Foreign Workers Program (TFWP) is a small step towards addressing a pressing problem.
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September 04, 2024
Parole officers and post-suspension hearings | Michael Crowley
I generally did not find it easy when we revoked a release and I had to deliver the decision because often it was evident that the individual had been making some positive steps before they screwed up in some way. So, I knew that we were impacting a life in a very negative way. Still, I took some comfort in knowing that by adhering to the law and our policy, we were removing an individual from the community who was now posing an undue risk.
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September 03, 2024
Unifor files application to represent Walmart warehouse workers in Mississauga
Canada's largest private-sector union has filed an application with the Ontario Labour Relations Board to represent workers at a Walmart warehouse in Mississauga, Ont.
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September 03, 2024
Toronto financial services firm faces possible class action over disclosure statements
A proposed shareholder class action has been launched against Toronto-based specialty financing firm Chesswood Group Ltd. subject to disclosure rules under the Ontario Securities Act.
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September 03, 2024
Yukon report outlines lawyer shortage, lack of legal aid help
Yukon’s law society is hoping the territory’s natural beauty will lure more lawyers into living and working there, says an official. The territory is experiencing a shortage of lawyers in its private bar as is laid out in a recently released report from the Law Society of Yukon (LSY).
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September 03, 2024
Managing increased U.S. immigration filing fees for cross-border companies
In April 2024, U.S. Citizenship and Immigration Services (USCIS) enacted dramatic increases to U.S. immigration filing fees, with many employment-based categories exceeding $1,000 in government fees per employee. For Canadian companies with cross-border workforces, such fees create a new burden to doing business in the United States.
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September 03, 2024
Regulator revokes builder’s licence for unauthorized home sales, financial mismanagement
Ontario’s home construction regulator has revoked the licence of Mariman Homes, a Hamilton-based construction company that entered into agreements to sell 108 homes without authorization and enrolment in Tarion’s warranty program, according to a release.
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September 03, 2024
Post-suspension parole hearings | Michael Crowley
Conducting post-suspension hearings was often difficult because an offender had likely found some successes in the community, and in general, they had been suspended for violating one of the standard or special conditions that formed part of their release, rather than for committing a new offence.