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Archive for ‘Practice of Law’

The Future of Lawyer Licensing in Ontario – Consultation on Four Options

On May 24, 2018, the Law Society of Ontario released a consultation paper to launch the second phase of its comprehensive analysis of the lawyer licensing process. Developed by the Professional Development and Competence Committee, the document outlines possible options for a long-term appropriate and sustainable licensing system for lawyer licensing candidates in Ontario.

The consultation paper follows last year’s Dialogue on Licensing, which looked at the realities, challenges and opportunities of lawyer licensing in the province. Throughout the Dialogue, the Law Society heard a wide range of views from lawyers, licensing candidates, law students, academics and legal organizations, highlighting . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice

Published Criteria for Reasonable Accommodation Under Quebec’s Face Covering Law

On May 9, 2018, the Quebec government published its criteria for reasonable accommodation under an Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies (the Act, previously Bill 62) that requires among other things, Quebecers to leave their faces uncovered in order to provide or receive public services.

Under the Act, employees and members of public bodies and certain other bodies, as well as elected persons, must exercise their functions with their face uncovered. In addition, persons who request a service from one of . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Gmail Confidential for Lawyers

Law month, Google released new features for its paying customers of Gmail, including Gmail Confidential Mode. The initial announcement stated,

Today, we’re introducing a new approach to information protection: Gmail confidential mode. With confidential mode, it’s possible to protect sensitive content in your emails by creating expiration dates or revoking previously sent messages. Because you can require additional authentication via text message to view an email, it’s also possible to protect data even if a recipient’s email account has been hijacked while the message is active.

Built-in Information Rights Management (IRM) controls also allow you to remove the option

. . . [more]
Posted in: Practice of Law: Practice Management, Technology

Public Holiday Pay Calculations Will Change (Again) Effective July 1, 2018

On May 7, 2018, the Ontario government filed Ontario Regulation 375/18 under the Employment Standards Act, to change temporarily how public holiday is to be paid and calculated. In essence, the government is reverting back to the old formula that was in place before the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) came into force January 1, 2018. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

New, Extended and More Flexible Statutory Leaves in British Columbia

On April 12, 2018, the British Columbia government granted third reading to Bill 6, Employment Standards Amendment Act, 2018 to better support working families by providing new, extended and more flexible maternity, parental and compassionate care leaves. The Act comes into force on the day it receives royal assent. Specifically, when enacted, the Bill will: . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Universal Pharmacare in Canada

The federal Standing Committee on Health is recommending a single-payer, universal prescription drug plan for Canada. The recommendation came in its report Pharmacare Now: Prescription Medicine Coverage for all Canadians (in PDF), tabled in the House of Commons on April 18, 2018. . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Hipster Antitrust’s Potential to Make Competition Law Sexy Again

A renewed scrutiny of corporate governance was inevitable in light of the current political climate and the backdrop of the recent recession and notable market failures.

This revisionist approach towards competition law expands the scrutiny beyond notions of consumer welfare standards into non-traditional economic considerations like fairness, underemployment, income inequality, wealth concentration and broader social contexts. Derisively referred to as “Hipster Antitrust,” it finds its modern roots in America in the 1978 text The Antitrust Paradox by Robert Bork, which has already influenced American competition law. Hipster Axntitrust would go further and reconsider historical assumptions in a new information economy . . . [more]

Posted in: Education & Training: CLE/PD, Practice of Law: Future of Practice

AODA: Improving Accessibility Standards for Employment

The Ontario government is updating the accessible employment standards to make employment more accessible to people with disabilities. Consequently, the Employment Standards Development Committee would like to get interested stakeholders and the public’s feedback on the initial recommendations to the 2018 Review of the Employment Standards under the Accessibility for Ontarians with Disabilities Act (AODA).

The following is the Employment Standards Development Committee’s initial advice and recommendations on the initial proposed Employment Standards, itemized and organized by focus area, and some thoughts. . . . [more]

Posted in: Legal Information, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Parental Insurance Plan and Additional Employment Standards Changes Coming

On March 22, 2018, the Quebec government introduced Bill 174: An Act mainly to relax the parental insurance plan to promote better family-work balance. If enacted, this Act comes into force on the date of assent, except section 12, which comes into force on the date to be set by the Government.

The main changes in the Bill include:

1. Maternity benefits

  • Increase the period, currently 18 weeks, to 25 weeks, within which maternity benefits can be provided following the birth of a child.
  • Increase the number of weeks of maternity benefits for a multiple pregnancy. In the event of
. . . [more]
Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Significant Employment Law Changes Coming in Quebec

On March 20, 2018, the Quebec government tabled Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance to facilitate work-family balance and to modernize and reform Quebec labour standards. Labour Minister Dominique Vien said, "The many proposed changes take into account the new realities of workplaces, such as the changing family patterns, the aging population and ensuing retirements, and would encourage the retention of staff in a context of scarcity of labour." Measures in the Bill include: . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Reappraising the Use of Arbitration in Family Law Disputes

Recent research comparing family law dispute resolution processes from the Canadian Research Institute for Law and the Family and the Canadian Forum on Civil Justice provides fascinating insights on the views and attitudes of lawyers in Nova Scotia, Ontario, Alberta and British Columbia. The report, described in an earlier article by Jean-Paul Bevilacqua, concludes that while family law lawyers view litigation as useful for high-conflict disputes and cases involving risks to persons and property, litigation is not their preferred resolution process. The lawyers surveyed said that mediation, collaborative negotiation and arbitration are more likely to produce results that are in . . . [more]

Posted in: Justice Issues, Practice of Law: Practice Management

Manitoba Extending Parental Leave and Introducing Critical Illness Leave

On March 20, 2018, the Manitoba government introduced legislation that would amend the Employment Standards Code to, among other things, extend provisions for parental leave and leave for individuals to care for a critically ill adult family member.

The changes to the Employment Standards Code include: . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation