July 22, 2024

Contract Clarity: Navigating Employment Agreements with Certainty

For non-unionized employees, having employment contracts in place is imperative to limit liability and uncertainty. In addition to controlling entitlements upon termination of employment, well drafted employment contracts can also limit other sources of liability for employers, which can surface even following the end of employment. It is not just the wording of the contract […]

No More than What they Bargained For: Ontario Court of...

Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 Overview On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 (“Loblaw v RSA”). With new assurance that an insurer’s duty to […]

Legal Authority and Consent in Generative AI: Ensuring Compliance and...

As businesses in Canada continue to uncover the potential of generative artificial intelligence (AI), understanding the legal underpinnings of authority and consent becomes paramount. This article explores these concepts within the framework of the Office of the Privacy Commissioner of Canada’s principles, providing actionable insights and practical examples to guide businesses in their compliance efforts. […]

This Month in Nova Scotia Family Law – May 2024

MacDonald v MacDonald, 2024 NSCA 58 Judge: Justice Farrar Subject: Motion to Stay, Relocation Summary: The parties are former spouses and parents to an eleven-year-old son. Mr. MacDonald assumed primary care and decision-making responsibility of their son in 2022 after Ms. MacDonald was found guilty of fraud and incarcerated. In 2023, the Court granted Mr. […]

Privacy Law and PIPEDA: Common questions asked by businesses

As someone practicing for several years in the field of privacy law, I am asked to provide advice and to answer a variety of questions from both clients and other legal professionals on a myriad of privacy, access to information, and cyber liability related topics. The purpose of this article is to provide insight into […]

Introduction to OPC’s Generative AI Principles: A Guide for Canadian...

In late 2023, the Office of the Privacy Commissioner of Canada (OPC) introduced a comprehensive set of principles aimed at guiding the responsible, trustworthy, and privacy-protective development and use of generative artificial intelligence (AI) technologies. This initiative reflects a proactive stance by Canadian privacy regulators to address the complex challenges and opportunities posed by the […]

This Month in Nova Scotia Family Law – April 2024

Hanak v Hanak, 2024 NSCA 44 Judge: Justice Elizabeth Van den Eynden Subject: Appeal of an Interim Order, Imputation of Income, Fresh Evidence Summary: Mr. Hanak sought leave to appeal from an interim order, which imputed his income at $200,000 for the purpose of determining his support obligations.  He argued instead that his annual income should be […]

Countdown To Report Submission: Is Canada’s Modern Slavery Act On...

Certain entities are required to disclose their efforts to combat forced labour and child labour within their supply chains by May 31, 2024. Read below to find out if this applies to your business and what you need to do to comply. New laws Environmental, social, and governance (ESG) factors are a critical component of […]

Criminal Records: Discrimination in Employment and Employer Obligations

Questions about criminal records in the employment context most frequently arise in the following circumstances: The Hiring Process where a potential job candidate has a criminal record The Discipline Process where a current employee is convicted of a criminal offence This article will discuss the employer’s obligations in each instance. The Hiring Process Refusing to […]

Notice to Employers: Be Careful – Your Employees Might Be...

Introduction Artificial intelligence holds the promise of delivering new waves of efficiency and productivity in the workplace, but it also carries risk for employers who don’t mitigate operational, reputational, and legal risks associated with unauthorized use. Generative AI platforms such as ChatGPT, Google Gemini, and Microsoft Copilot are free tools at the fingertips of employees. […]