Dive into the complete episode list for Lawyered. Each episode is cataloged with detailed descriptions, making it easy to find and explore specific topics. Keep track of all episodes from your favorite podcast and never miss a moment of insightful content.
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Pub. Date
Title
Duration
26 Oct 2022
Danforth Shooting and Gun Manufacturers' Liability
00:12:20
In part one of our class actions law episode with Sakina Babwani, we discuss the class actions lawsuit arising from the Toronto Danforth shooting, and the corresponding impact on the duty of care for gun manufacturers.
Vulnerable Clients and Financial Services Obligations
00:12:55
In part one of our wealth management law episode with Raphael Tachie, we speak about a Consumer Protection Framework that is designed to provide enhanced protection for bank customers.
In part one of our social justice law episode with Alexi Wood, we discuss we’ll discuss the Ontario court's decision to strike down the "ag gag" legislation that would have made it illegal for activists to secretly film or gain access to farms under false pretenses
This week, we're having a timely discussion about bail law, featuring Toronto criminal lawyer, Trevin David. Topics: Bill C-48 and proposed reverse onus; excessive delays for bail hearings; caselaw post-Antic. This program contains 40 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫What will Bill C-48's reverse onus for bail matters impact existing systemic issues in the criminal justice system ? (7:06) ⚫How are courts ruling on matters involving excessive delay for bail hearings? (18:41) ⚫How has the caselaw (and legislation) evolved in response to the 'ladder principle' for bail decisions? (29:05) ⚫Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (38:23) 🔵How does the bail system in America compare to that in Canada? (39:16) 🔵Many critics have maintained that Canada’s bail system is “broken”. Is this an accurate statement and, if so, how can it be fixed? (43:35) 🔵How does the Legal Aid system (including funding) impact the fairness and efficiency of the criminal justice system? 🔵What role do you think collegiality plays within the criminal law bar? ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
13 Sep 2023
Fiduciary Duties of Pension Plan Trustees
00:14:18
In part two of our pensions law episode with Ross Gascho, we speak about the Larkin v. Johnson BCCA decision and how the fiduciary duties of pension plan trustees impact their ability to make discretionary decisions.
In part three of our gender equality episode with Pam Hrick, we discuss the federal private member’s bill regarding the criminalization of coercive control.
This week, we're speaking with Jess Szabo about all things related to public health law: MAID and mental illness; forced transfers to long-term care homes; and private actors in the public healthcare system.
⚫ How will the federal government decide whether persons suffering "only" from a mental illness will have access to medical assistance in dying? (9:38) ⚫ What is the role of consent within a new Ontario bill that would allow patients to be transferred from nursing homes? (20:33) ⚫ Do recent permissions for private sector bodies open the door for the privatization of public healthcare? (31:24) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:14) 🔵 How do you envision the partnership between government and business in unleashing the potential of Canada's citizens? (37:22) 🔵What are your thoughts on the means by which the government provides care services for those impacted by the opioid crisis? (40:03) 🔵 What sorts of protections are currently in place to protect patients' health care data? (43:59) 🔵 What is the legal basis for Nurse Practitioners providing access to primary care services in private medical clinics? (46:22) 🔵 What changes or trends do you anticipate we will see (or are seeing) regarding the future of public health in Canada? (49:20)
In our Ask-Me-Anything Segment of our indigenous law episode with Jeff Nicholls, we cover a range of questions submitted by the Lawyered Patreon community.
🔵How has the implementation of UNDRIP influenced Indigenous law in Canada? 🔵What sorts of "duty to consult" issues will courts be grappling with in the near future? 🔵There have been some recent noteworthy settlements in recent months related to the Indigenous residential school litigation. What role (if any) do these outcomes have on reconciliation? 🔵Indigenous and aboriginal rights are often referred to as being sui generis, which means “of its own kind or class”. What does this mean on a practical level?
Representation and Warranties Insurance for M&A Deals
00:11:55
In part three of our startup law episode with Mark Asfar, we cover the rising trend of representations and warranty insurance in the start-up landscape
In our Ask-Me-Anything Segment of our gender equality episode with Pam Hrick, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 Tell us about your journey of building a legal career that involves advocating for gender equality rights. 🔵 What do you think about the efficacy of the federal government's LGBTQ2+ Action Plan? 🔵 How would you describe the status of gender equality within the legal profession? 🔵 How does the concept of 'intersectionality' impact the area of gender equality law? ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
12 Oct 2022
Ask-Me-Anything - National Security Law
00:21:08
In our Ask-Me-Anything Segment, of our national security law episode with Yavar Hameed, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 How do/can authorities monitor online behaviour while respecting Canadians' privacy rights? 🔵 How does Canada’s national security law framework compare to other western countries? 🔵 How do judges reconcile the open court principle with the need for security on national security grounds? 🔵 What measures are in place to ensure that our national security bodies are acting with accountability?
In our Ask-Me-Anything Segment of our insurance law episode with Dennis Ong, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 How does insurance law differ from “conventional” civil litigation? 🔵 What are some of the considerations for lawyers retained by an insurance company, as opposed to by another institutional client? 🔵 What is the practical meaning and implication(s) of the “duty to defend”? 🔵 How have the amendments to Rule 76 of the Rules of Civil Procedure impacted the insurance law bar? 🔵 What are some tactical approaches to providing risk-based advice as a lawyer?
In our Ask-Me-Anything Segment of our class actions law episode with Sakina Babwani, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 Other than the obvious, what are some ways in which a class action lawsuit differs from a “regular” lawsuit? 🔵 Given the high expense, what role does third-party litigation funding play in the class actions landscape? 🔵 Are there any class action lawsuits that are being advanced towards Canadian businesses for their failure to prevent the spread of COVID-19? 🔵 Have there been any noticeable trends in terms of the numbers/types of class actions matters that have gone through the courts?
In part three of our national security law interview with Yavar Hameed, we speak about the recent Senate Standing Committee hearings regarding the federal use of facial recognition technology.
In part two of our cryptocurrency law episode with Sohaib Mohammad, we speak about this first reported Canadian decision of a Mareva injunction that explicitly freezes cryptocurrencies
On this episode, we’re chatting about the rules involving Bitcoin, Ethereum, and other digital assets featuring cryptocurrency lawyer Sohaib Mohammad: the "Code is Law" defense; asset-freezing orders for cryptocurrency; and enhancing investor protection for crypto asset trading platforms. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫What is the viability of a defense that asserts that exploiting vulnerabilities in programmed code is considered lawful? (9:33) ⚫What authority do courts have to issue a Mareva injunction to freeze cryptocurrency assets? (17:22) ⚫How would a more tightly regulated framework enhance investor protection for users of websites that sell cryptocurrencies? (24:51) ⚫Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (34:04) 🔵Tell us about the recent case in which you argued about whether a plaintiff can properly serve a defendant by way of an NFT airdrop. (34:41) 🔵What legal risks should cryptocurrency users be aware of when trading or investing in digital assets, especially with volatile currencies like bitcoin? (37:28) 🔵How can individuals and businesses stay updated on changes in Canadian cryptocurrency laws and regulations? (41:02) 🔵What do you see as the challenges and opportunities of blockchain technology adoption in various Canadian industries? (42:34) 🔵How do you see the area of crypto law evolving over the next few years? (45:13)
In part two of our social justice law episode with Alexi Wood, we speak how the trend of retaliatory litigation has been used to silence survivors and advocates who speak out about sexual violence
On this episode, we chat about insurance law with Dennis Ong - litigator with Aviva Trial Lawyers and Deputy Judge of the Small Claims Court
Topics: the meaning of physical damage, delays and civil juries; third-party litigation funding; and our Ask-Me-Anything segment.
⚫ What is the plain and ordinary meaning of the words "physical damage"? (8:57) ⚫ What role does delay play in a court's decision to strike a civil jury? (17:58) ⚫ How does an adverse costs award impact a party that has engaged a third-party litigation funder? (28:01) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:18) 🔵 How does insurance law differ from “conventional” civil litigation? (38:08) 🔵 What are some of the considerations for lawyers retained by an insurance company (compared to another institutional client)? (39:31) 🔵 What is the practical meaning and implication(s) of the “duty to defend”? (41:47) 🔵 How have the amendments to Rule 76 of the Rules of Civil Procedure impacted the insurance law bar? (44:16) 🔵 What are some tactical approaches to providing risk-based advice as a lawyer? (47:09)
This week, we're exploring the high-stakes world of class actions litigation with our guest, Sakina Babwani!
Topics: duty of care for gun manufacturers, compensable damages for data breaches, the threshold for pleading common issues; and our Ask-Me-Anything segment.
⚫ How might the Danforth shooting inform the duty of care of gun manufacturers? (7:53) ⚫ How do courts consider the degree of compensable damages in cases involving data breaches? (17:24) ⚫ How much specificity must plaintiffs provide in their allegations of a class actions matter? (26:02) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (34:37) 🔵 Other than the obvious, what are some ways in which a class action lawsuit differs from a “regular” lawsuit? (35:15) 🔵 Given the high expense, what role does third-party litigation funding play in the class actions landscape? (39:16) 🔵 Are there any class action lawsuits that are being advanced towards Canadian businesses for their failure to prevent the spread of COVID-19? (43:39) 🔵 Have there been any noticeable trends in terms of the numbers/types of class actions matters that have gone through the courts? (44:46)
In our Ask-Me-Anything Segment of our oil and gas law episode with Vivek Warrier, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 How have ESG (Environmental, Social, and Governance) criteria influenced investment and the legal issues in the oil and gas sector? 🔵 How has the oil and gas sector responding to the rise in investment and public support of renewable and alternative energy sources? 🔵 How is the rise of climate litigation affecting the legal strategies of oil and gas companies in Canada? 🔵 What are some considerations related to indigenous co-ownership / joint ventures on oil and gas ventures on their land?
Indigenous Self-Government and the Role of the Charter
00:15:12
In part one of our indigenous law episode with Jeff Nicholls, we discuss the Dickson Supreme Court case about how the Canadian Charter of Rights and Freedoms applies to self-governing First Nations Groups.
On this episode, we take a close look at our country's public safety mechanisms in a conversation about national security law, featuring Yavar Hameed!
Topics: public inquiry into the use of the Emergencies Act; civilian oversight of RCMP & CBSA; facial recognition technology; and our Ask-Me-Anything segment.
⚫ What is the legal effect of the government's response to the 2022 trucker convoy protests? (5:22) ⚫ What are the mechanics of the new oversight legislation related to RCMP and CBSA officers? (15:44) ⚫ What is the practical impact of the recent Senate hearings about the government's use of facial recognition? (25:30) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:03) 🔵 How do/can authorities monitor online behaviour while respecting Canadians' privacy rights? (37:44) 🔵 How does Canada’s national security law framework compare to other western countries? (42:29) 🔵 How do judges reconcile the "open court" principle with the need for security on national security grounds? (45:50) 🔵 What measures are in place to ensure that our national security bodies are acting with accountability? (48:55)
In part one of our startup law episode with Mark Asfar, we discuss some new appellate guidance regarding the role of “reasonable expectations” in corporate agreements
In part two of our indigenous law episode with Jeff Nicholls, we speak about British Columbia’s free entry mineral tenure regime and the corresponding impacts on the UN Declaration on the Rights of Indigenous Peoples
In part one of our cryptocurrency law episode with Sohaib Mohammad, we discuss a potential, new defense - known as the “Code is law” - which asserts that a programmed code constitutes the law and that exploiting vulnerabilities in the code is considered lawful.
On this episode, we speak with startup lawyer, Mark Asfar, about the fast pace of legal issues involving startups and emerging growth companies. Topics: contracts & reasonable expectations for founders; AI in the startup space; representations and warranties experience. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ How can co-founders ensure that their written agreements reflect the true nature of their business relationships? (9:35) ⚫ How is artificial intelligence tangibly changing the startup space? (19:02) ⚫ How can representations and warranties insurance impact the negotiation process in an M&A context? (29:59) 🔵 Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (38:45) 🔵 What are things that a startup lawyer can do to bring some order and structure to an early-stage startup? (39:22) 🔵 What factors should startups consider when deciding between different corporate structures, such as incorporation versus limited partnerships? (42:26) 🔵 How should founders approach equity distribution among co-founders, employees, and investors to avoid future legal disputes? (44:24) 🔵 What are some legal considerations for startups who are seeking venture capital or angel investment? (46:41) 🔵 What are some key ways in which the work of a startup lawyer differs from a “typical” corporate/commercial lawyer? (48:50)
This week, we’re taking a candid look at reconciliation to explore the area of indigenous law, featuring Jeff Nicholls
Topics: Charter application to Indigenous groups; mineral tenure system and DRIPA; contemporary reconciliation agreements and more.
⚫How does the Canadian Charter of Rights and Freedoms apply to Indigenous groups with self-government agreements? (9:05) ⚫How does the Gitxaała’s landmark legal challenge against BC’s “free entry” mineral tenure regime engage the Declaration on the Rights of Indigenous Peoples Act? (20:53) ⚫What is the precedential value of a trend of co-governance in contemporary reconciliation agreements? (30:10) ⚫Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (40:12) 🔵How has the implementation of UNDRIP influenced Indigenous law in Canada? (40:53) 🔵What sorts of indigenous issues will courts be grappling with in the near future? (44:34) 🔵There have been some recent noteworthy settlements in recent months related to the Indigenous residential school litigation. What role (if any) do these outcomes have on reconciliation? (46:44) 🔵Indigenous and aboriginal rights are often referred to as being sui generis, which means “of its own kind or class”. What does this mean on a practical level? (50:88)
In part two of our brand protection law episode with May Cheng, we speak about the circumstances in which a court will expunge a trademark on the grounds of “bad faith registration”
In our Ask-Me-Anything Segment of our arbitration law episode with Alex Mitretodis, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 What are some of the differences between litigating before an arbitrator and litigating before a “regular” court? 🔵 What do you think of the characterization of Canada as an “arbitration-friendly” jurisdiction? 🔵 What are some considerations for lawyers who are considering whether to include an arbitration clause in their contractual agreements? 🔵 What role do arbitrations play in promoting access-to-justice?
Public Inquiry into the Use of the Emergencies Act
00:12:44
In part one of our national security law interview with Yavar Hameed, we discuss the upcoming public inquiry into the federal government’s use of the Emergency Act, following the trucker convoy protests.
BONUS PREVIEW EP 6: Lifelong Learning (Gina Alexandris)
01:14:12
In this bonus episode, we speak about lifelong learning and professional development with Gina Alexandris, certified coach and long-serving education advocate.
We discuss the specific tactics that incoming lawyers need before entering the workforce as well as skill development tools that are applicable for all legal professionals.
NOTE: While the episode preview above is available for everyone, the full ~120 minute version of this bonus episode is available exclusively for members of the Lawyered Patreon community. If you want to hear all of our bonus episodes (and unlock more bonus content), check out our Patreon page HERE!
In the full episode, you'll hear Gina discuss a number of topics, including: 🔵 What does professional development look like, beyond the basic regulatory requirements? 🔵 What enhancements can law schools incorporate to make their curricula more responsive to the practice of law? 🔵 What do law students (and junior lawyers) need to know about the business of law? 🔵 How does emotional intelligence practically accelerate career progress? 🔵 How can a lawyer organically develop a mentor-mentee relationship? 🔵 What does it look like to have a curiosity mindset?
BC's New Arbitration Act and the VanIAC Rules of Procedure
00:13:51
In part three of our arbitration law episode with Alex Mitretodis, we discuss British Columbia’s new Arbitration Act and the new rules of procedure from Vancouver International Arbitration Centre
Enhancing Investor Protection for Crypto Asset Trading Platforms
00:12:13
In part three of our cryptocurrency law episode with Sohaib Mohammad, we discuss a new regulatory structure that seeks to enhance investor protection specifically for crypto asset trading platforms
Bill C-34 – The National Security Review of Investments Modernization Act
00:12:35
In part two of our foreign investment law episode with Dany Assaf, we speak about Bill C-34 – a proposed new statute that seeks to strike a balance between welcoming investment and safeguarding national security interests
In part three of our public health law episode with Jess Szabo, we discuss a series of developments that open the door for private actors to participate in the public healthcare system.
In the Ask-Me-Anything segment of our corporate governance law episode with Susan Kushneryk, we cover the questions submitted by the Lawyered Patreon community.
🔵 What are things that lawyers can do to facilitate succession planning in a corporate governance framework? 🔵 Are there any situations in which a corporate director can be removed based on misconduct? 🔵 What does it mean for a corporate director to owe a fiduciary duty in their roles? 🔵 Are there situations in which geopolitics (e.g. Russia) can impact the governance operations of a company and, if so, how? 🔵 What impacts (if any) has the pandemic had in terms of the dynamics of shareholders and corporate boards?
In part one of our arbitration law episode with Alex Mitretodis, we discuss the use of arbitration clauses in standard-form consumer contracts and the role of unconscionability.
In part one of our insurance law episode with Dennis Ong, we discuss the plain and ordinary meaning of the term “physical damage” and the related principles of contract interpretation
Copyright Law and Artificial Intelligence Derivative Artworks
00:14:02
In part three of our brand protection law episode with May Cheng, we discuss artists' rights in the context of AI-generated derivative products.
✨ Read the full episode transcript HERE ✨ Learn more about the topics/cases on the Lawyered website ✨ Help to declutter the law on the Lawyered crowdfunding page
07 Aug 2024
BC's Bill 21 & the Independence of the Legal Profession
00:12:11
In part one of our professional regulatory law episode with Rebecca Durcan, we discuss how and whetherBC's modernization of the legal profession will meaningfully impact the independence of the regulator.
On this episode, we're discussing the most current topics in the area of pensions law, featuring the head of Fasken's practice group, Ross Gascho.
Topics: "super-priorities" and the Pension Protection Act; fiduciary duties for pension plan trustees; correcting for pension over- and under-contributions.
⚫When pension plan payments take a "super-priority" in insolvency proceedings, how will that impact broader financing objectives? (8:59) ⚫What sorts of fiduciary obligations are owed by pension plan trustees? (18:18) ⚫How will new ITA amendments help to correct for under- and over-contributions for defined contribution pension plans? (29:15) ⚫Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:00 🔵How do provincial and federal legislation differ concerning pension and benefit plans in Canada? (37:39) 🔵How much say (if any) do employees have in the direction and strategy of their company’s pensions plan? (40:45) 🔵Tell us about the role and responsibilities of pension plan administrators and their potential liabilities. (43:20) 🔵What sorts of ADR mechanisms are typically used to resolve pensions-related disputes? (45:48)
In our Ask-Me-Anything Segment of our startup law episode with Mark Asfar, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 What are things that a startup lawyer can do to bring some order and structure to an early-stage startup? 🔵 What factors should startups consider when deciding between different corporate structures, such as incorporation versus limited partnerships? 🔵 How should founders approach equity distribution among co-founders, employees, and investors to avoid future legal disputes? 🔵 What are some legal considerations for startups who are seeking venture capital or angel investment? 🔵 What are some key ways in which the work of a startup lawyer differs from a “typical” corporate/commercial lawyer?
The Impact Assessment Act and the Constitutionality of Designating Projects
00:13:33
In part one of our oil and gas law episode with Vivek Warrier, we discuss the new Supreme Court decision regarding the constitutionality of the Impact Assessment Act.
In part one of our foreign investment law episode with Dany Assaf, we discuss the federal government’s new approach regarding acquisitions of control of Canadian mineral businesses
In our Ask-Me-Anything Segment of our psychedelics law episode with David Wood, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 What is legal regarding psychedelics? What legal considerations are there for arranging psychedelics as a tool for therapy and are there different considerations across provinces? 🔵 What do you make of the mushroom commercial retail shops that are popping up across Canada? How does this compare to the rise of cannabis retail shops that occurred pre-legalization? 🔵 Do you think that psychedelic guides should be subject to professional regulation analogous to other health professionals? 🔵 Some commentators have suggested that requiring psychedelics to be administered only by a psychiatrist follows a Western medicalized structure. Are there other valid approaches - Indigenous, religious - that could be left behind? ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
02 Aug 2023
Contemporary Reconciliation Agreements
00:13:24
In part three of our indigenous law episode with Jeff Nicholls, we discuss recent positive developments about contemporary reconciliation agreements.
In part three of our insurance law episode with Dennis Ong, we discuss the use of third-party litigation funding and the specific considerations when an adverse costs award is triggered.
Improper Workplace Investigations: A Cautionary Tale
00:12:50
In part two of our workplace investigations law episode with Christine Thomlinson, we speak about a cautionary tale in the workplace investigations context and about how these procedures can be conducted in a fair, objective, and confidential manner
This week, we're speaking about professional regulatory law, with lawyer and bencher, Rebecca Durcan. Topics: BC's Bill 21 and the independence of the regulator, trauma-informed regulation; Charter values vs Charter rights; and our Ask-Me-Anything segment. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ Would BC's modernization of the legal profession meaningfully impact the independence of the regulator? (9:33) ⚫ How can regulators apply principles of compassion in their treatment of registrants and complainants? (18:55) ⚫ How does a new SCC decision impact the role of Charter values in decision-making, even when Charter rights are not directly infringed. (29:18) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:05) 🔵 What are some considerations to for regulators to apply when assessing whether and how to use their authority to discipline, revoke licenses and/or lay quasi-criminal charges? (39:42) 🔵 How does Ontario compare to other provinces/jurisdictions in terms of the degree to which professions are regulated? (41:47 🔵 How do regulatory bodies balance the right to free speech with maintaining professional conduct and standards, particularly in light of current issues involving the “culture wars”? (43:52) 🔵 What obligations, if any, do regulators owe to the professionals that they regulate? (47:26) 🔵 What are some attributes that make an organization a “modern regulator"? (51:10)
In part two of our insurance law episode with Dennis Ong, we speak about the impact of delay (including COVID-related delay) on the scheduling of civil jury trials.
It's our Season 8 finale and we are capping off the year with a discussion about arbitration law, featuring Alex Mitretodis!
Topics: consumer protection and arbitration clauses; predictive analytics; new BC legislation and rules; and our Ask-Me-Anything segment.
⚫ What role does "unconscionability" play when assessing arbitration clauses in consumer protection matters? (9:24) ⚫ How can predictive analytics tools be used by lawyers in the arbitration context? (19:14) ⚫ What are the implications of BC's new Arbitrations Act and the new VanIAC Rules of Procedure? (28:46) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:33) 🔵 What are some of the differences between litigating before an arbitrator and litigating before a “regular” court? (40:18) 🔵 What do you think of the characterization of Canada as an “arbitration-friendly” jurisdiction? (44:12) 🔵 What are some considerations for lawyers who are considering whether to include an arbitration clause in their contractual agreements? (46:19) 🔵 What role do arbitrations play in promoting access-to-justice? (50:28)
90: Workplace Investigations Law (Christine Thomlinson)
00:57:51
On our Season 9 finale, we wrap up with an important conversation with Christine Thomlinson about recent cases and issues in workplace investigations law. Topics: participation in toxic workplace cultures; improper investigations; duties of care owed by investigators; and our Ask-Me-Anything Program. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ How can a complainant's participation in a toxic workplace culture impact their legal rights or entitlements? (5:20) ⚫ What best practices are available to ensure that a workplace investigation is conducted in a fair, objective, and confidential manner? (19:45) ⚫ Do workplace investigators owe a duty of care to complainants? (29:42) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (40:11) 🔵 Does an employee have a legal obligation to participate in a workplace investigation? (40:55) 🔵 How can companies balance the need for transparency with the need to protect sensitive information during an investigation? (43:35) 🔵 Can you discuss the potential impact of social media on workplace investigations? (47:23) 🔵 What are the differences between internal and external investigations, and when might one be preferred over the other? (49:24) 🔵 What are some specific tactics for investigations involving high-level executives or top management? (51:59)
On this week’s episode, we’re chatting all about the changing rules involving psychedelics and other controlled substances, featuring lawyer and leading expert, David Wood. Topics: Alberta's regulation of psychedelic-assisted psychotherapy; healthcare practitioners' access to psychedelics; Canada's Special Access Program; and our Ask-Me-Anything Program. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ How will Alberta's decision to regulate psychedelic-assisted psychotherapy meaningfully impact accessibility? (10:30) ⚫ What options are available to healthcare practitioners who want to consume psychedelics in the course of their own professional training (21:00) ⚫ How can Canada's "Special Access Program" make controlled substances more available for patients with serious or life-threatening conditions? (30:44) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (38:40) 🔵 What is legal regarding psychedelics? What legal considerations are there for arranging psychedelics as a tool for therapy and are there different considerations across provinces? (39:20) 🔵 What do you make of the mushroom commercial retail shops that are popping up across Canada? How does this compare to the rise of cannabis retail shops that occurred pre-legalization? (42:42) 🔵 Do you think that psychedelic guides should be subject to professional regulation analogous to other health professionals? (46:34) 🔵 Some commentators have suggested that requiring psychedelics to be administered only by a psychiatrist follows a Western medicalized structure. Are there other valid approaches - Indigenous, religious - that could be left behind? (48:47)
Bill C-20: Civilian Oversight for RCMP and CBSA Officers
00:12:41
In part two of our national security law interview with Yavar Hameed, we speak about Bill C-20, the new proposed legislation for oversight of oversight RCMP and CBSA officers.
Bill 7 - Transitioning Patients from Hospitals to Long-Term Care
00:13:59
In part two of our public health law episode with Jess Szabo, we speak about Ontario’s controversial Bill 7 that would allow hospitals to transfer elderly patients to nursing homes without their consent.
In our Ask-Me-Anything Segment of our workplace investigations law episode with Christine Thomlinson, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 Does an employee have a legal obligation to participate in a workplace investigation? 🔵 How can companies balance the need for transparency with the need to protect sensitive information during an investigation? 🔵 Can you discuss the potential impact of social media on workplace investigations? 🔵 What are the differences between internal and external investigations, and when might one be preferred over the other? 🔵 What are some specific tactics for investigations involving high-level executives or top management? ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
16 Aug 2023
Bill 96 and New French Language Requirements
00:11:57
In part one of our brand protection law episode with May Cheng, we discuss Quebec’s controversial language bill and the corresponding impacts on brands’ advertising practices.
In our Ask-Me-Anything Segment of our bail law episode featuring Trevin David, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 What are some best practices in drafting a cease-and-desist letter to ensure compliance? 🔵 What are some tactics that businesses can use to ensure that their proposed business name/trademark is mark is available for use and is protectable? 🔵 How can companies meaningfully monitor if other individuals are counterfeiting/imitating their trademarks/products, especially given the high volume of content on social media? 🔵 How did you get into this area of brand protection law and what keeps you still engaged?
In our Ask-Me-Anything Segment of our foreign investment law episode with Dany Assaf, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 How do you envision the partnership between government and business in unleashing the potential of Canada's citizens? 🔵 What aspects should foreign investors consider when they are looking to navigate the cultural and regulatory nuances when conducting business in Canada? 🔵 Are there any specific strategies that you have found useful for foreign investors trying to affect policy change with the government? 🔵 Tell us about the role of ESG considerations in the evaluation of foreign investment proposals in Canada? 🔵 How important is it for foreign investment lawyers to have political acuity in their day-to-day work? ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
24 Jul 2024
Ask-Me-Anything: Social Justice Law
00:19:02
In our Ask-Me-Anything Segment of our social justice law episode with Alexi Wood, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 What are some ways in which lawyers can get involved with legal issues involving social justice, particularly if the lawyer primarily works in a corporate/commercial practice? 🔵 How have you found public interest litigation change in the last several years? 🔵 Do you foresee any upcoming shifts in the manner in which the law addresses issues of systemic racism? 🔵 What are the primary barriers to access to justice for marginalized communities, and how can the legal profession address these challenges? ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
19 Jul 2023
Ask-Me-Anything: Wealth Management Law
00:12:54
In our Ask-Me-Anything Segment of our wealth management law episode with Raphael Tachie, we cover a range of questions submitted by the Lawyered Patreon community.
🔵How do trends in diversity impact the day-to-day work of wealth management lawyers? 🔵What are the legal considerations for individuals who seek to pass along NFTs through succession planning or wills? 🔵In addition to the issues that we already spoke about, are there any other best practices that banks (or other financial institutions) can implement to best protect vulnerable clients? 🔵What role can lawyers play in assisting clients with business succession planning?
This week, we learn what's new in foreign investment law, featuring lawyer and best-selling author, Dany Assaf.
Topics: critical mineral investments; the National Security Review of Investments Modernization Act; and voluntary notifications. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫How is the federal government changing its approach regarding acquisitions of control of Canadian mineral businesses? (10:00) ⚫How could a new bill strike a balance between welcoming investment and safeguarding national security interests? (19:02) ⚫Why would foreign investors voluntarily notify the government about investments that could raise national security concerns? (28:16) ⚫Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (36:42) 🔵How do you envision the partnership between government and business in unleashing the potential of Canada's citizens? (37:22) 🔵What aspects should foreign investors consider when they are looking to navigate the cultural and regulatory nuances when conducting business in Canada? (42:21) 🔵Are there any specific strategies that you have found useful for foreign investors trying to affect policy change with the government? (43:48) 🔵Tell us about the role of ESG considerations in the evaluation of foreign investment proposals in Canada? (46:59) 🔵How important is it for foreign investment lawyers to have political acuity in their day-to-day work? (48:42) ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
21 Aug 2024
Artificial Intelligence Growth in the Startup Space
00:14:14
In part two of our startup law episode with Mark Asfar, we speak about a cautionary tale in the workplace investigations context and about how these procedures can be conducted in a fair, objective, and confidential manner
In part one of our workplace investigations law episode with Christine Thomlinson, we discuss whether a complainant's participation in a toxic workplace culture can impact their legal rights or entitlements.
In our Ask-Me-Anything Segment of our pensions law episode with Ross Gascho, we cover a range of questions submitted by the Lawyered Patreon community.
🔵How do provincial and federal legislation differ concerning pension and benefit plans in Canada? 🔵How much say (if any) do employees have in the direction and strategy of their company’s pensions plan? 🔵Tell us about the role and responsibilities of pension plan administrators and their potential liabilities. 🔵What sorts of ADR mechanisms are typically used to resolve pensions-related disputes?
In our Ask-Me-Anything Segment of our cryptocurrency law episode with Sohaib Mohammad, we cover a range of questions submitted by the Lawyered Patreon community.
🔵Tell us about the recent case that you argued about whether a plaintiff can properly serve a defendant by way of an NFT airdrop. 🔵What legal risks should cryptocurrency users be aware of when trading or investing in digital assets, especially with volatile currencies like bitcoin? 🔵How can individuals and businesses stay updated on changes in Canadian cryptocurrency laws and regulations? 🔵What do you see as the challenges and opportunities of blockchain technology adoption in various Canadian industries? 🔵How do you see the area of crypto law evolving over the next few years? ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
22 Nov 2023
Toth: Requesting Psychedelics for Professional Training
00:12:25
In part two of our psychedelics law episode with David Wood, we speak about a recent Federal Court decision about whether healthcare practitioners can consume psychedelic substances in the course of their professional training.
30 Aug 2023
The Ladder Principle - CaseLaw Post-Antic
00:12:35
In part three of our bail law episode featuring Trevin David, we speak about recent case law following the case of R v. Antic including the application of the ladder principle
In our Ask-Me-Anything Segment of our professional regulatory law episode with Rebecca Durcan, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 What are some considerations to for regulators to apply when assessing whether and how to use their authority to discipline, revoke licenses and/or lay quasi-criminal charges? 🔵 How does Ontario compare to other provinces/jurisdictions in terms of the degree to which professions are regulated? 🔵 How do regulatory bodies balance the right to free speech with maintaining professional conduct and standards, particularly in light of current issues involving the “culture wars”? 🔵 What obligations, if any, do regulators owe to the professionals that they regulate? 🔵 What are some attributes that make an organization a “modern” regulator?
In part two of our arbitration law episode with Alex Mitretodis, we speak about how lawyers can use predictive methodologies and analytics to assist them in litigation as well as how future decision-makers might incorporate artificial intelligence
Correcting for Pension Over- and Under-Contributions
00:11:06
In part three of our pensions law episode with Ross Gascho, we chat about how recent Income Tax Act amendments can provide more flexibility as to how defined contribution pensions plans can correct for under-contributions and over-contributions.
This week, we're chatting with Pam Hrick - the Executive Director of LEAF - about gender equality law and the progress that remains. Topics: Quebec's Bill 21 and substantive gender equality; Saskatchewan's pronoun school pronoun policy; and coercive control as a criminal offence. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ How could Quebec's controversial Bill 21 (banning religious symbols) engage the Charter right to substantive gender equality? (8:03) ⚫ How would a requirement to notify parents of students' preferred pronouns impact sections 7 and 15 of the Charter? (17:43) ⚫ What sorts of consequences could result from the federal criminalization of coercive control? (27:12) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:57) 🔵 Tell us about your journey of building a legal career that involves advocating for gender equality rights. (38:35) 🔵 What do you think about the efficacy of the federal government's LGBTQ2+ Action Plan? (41:40) 🔵 How would you describe the status of gender equality within the legal profession? (44:40) 🔵 How does the concept of 'intersectionality' impact the area of gender equality law? (49:21)
Canada’s “Special Access Program” for Restricted Drugs
00:10:39
In part three of our psychedelics law episode with David Wood, we discuss a new set of regulatory amendments that have Revived Canada’s “Special Access Program” for Restricted Drugs.
Pleading Common Issues and the Certification Threshold
00:11:33
In part three of our class actions law episode with Sakina Babwani, we discuss the degree of specificity that plaintiffs have to meet in order to meet the threshold for class actions certification.
In our Ask-Me-Anything Segment of our brand protection law episode with May Cheng, we cover a range of questions submitted by the Lawyered Patreon community.
🔵 What are some best practices in drafting a cease-and-desist letter to ensure compliance? 🔵 What are some tactics that businesses can use to ensure that their proposed business name/trademark is mark is available for use and is protectable? 🔵 How can companies meaningfully monitor if other individuals are counterfeiting/imitating their trademarks/products, especially given the high volume of content on social media? 🔵 How did you get into this area of brand protection law and what keeps you still engaged?
It's our Season 9 premiere! We're kicking it off with a timely discussion about wealth management law featuring Raphael Tachie.
Topics: financial services and consumer protection frameworks; the rise of electronic wills; changing a beneficiary designation; and our Ask-Me-Anything segment. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ How will the new consumer protection requirements improve outcomes for vulnerable users of the financial services industry? (5:33) ⚫ What are the practical considerations for lawyers who administer electronic wills? (15:10) ⚫ Is the change of a beneficiary designation a matter of contract or testamentary disposition? (24:06) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (33:03) 🔵 How do trends in diversity impact the day-to-day work of wealth management lawyers? (33:38) 🔵 What are the legal considerations for individuals who seek to pass along NFTs through succession planning or wills? (36:29) 🔵 In addition to the issues that we already spoke about, are there any other best practices that banks (or other financial institutions) can implement to best protect vulnerable clients? (39:20) 🔵 What role can lawyers play in assisting clients with business succession planning? (40:48)
On this episode, we learn about oil and gas law from Vivek Warrier - the president of the Canadian Energy Law Foundation and partner with Osler's Calgary office. Topics: SCC's constitutionality decision regarding the Impact Assessment Act, emissions reduction targets, and Carbon Contracts for Difference.This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ How will large scale pipeline projects proceed in light of a new SCC constitutionality finding about the federal environmental assessment framework? (7:48) ⚫ What do we know about the federal government's proposed regulations to cap oil and gas emissions? (18:48) ⚫ How can a new tool, known as a Carbon Contracts for Difference, help to de-risk emission reduction projects? (27:20) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (35:13) ⚫ What are some of the current/recent legal challenges facing major pipeline projects, like Trans Mountain? (36:00) 🔵 How have ESG (Environmental, Social, and Governance) criteria influenced investment and the legal issues in the oil and gas sector? (39:04) 🔵 How has the oil and gas sector responding to the rise in investment and public support of renewable and alternative energy sources? (42:11) 🔵 How is the rise of climate litigation affecting the legal strategies of oil and gas companies in Canada? (43:53) 🔵 What are some considerations related to indigenous co-ownership / joint ventures on oil and gas ventures on their land? (45:33)
In part three of our workplace investigations law episode with Christine Thomlinson, we discuss whether a workplace investigator owes a duty of care to complainants.
Alberta's Regulation of Psychedelic-Assisted Psychotherapy
00:13:00
In part one of our psychedelics law episode with David Wood, we discuss Alberta’s decision to become the first Canadian province to regulate psychedelics for psychotherapy.
In our Ask-Me-Anything Segment of our public health law episode with Jess Szabo, we cover a range of questions submitted by the Lawyered Patreon community.
🔵What are your thoughts on the means by which the government provides care services for those impacted by the opioid crisis? 🔵What sorts of protections are currently in place to protect patients' health care data? 🔵What is the legal basis for Nurse Practitioners providing access to primary care services in private medical clinics? 🔵What changes or trends do you anticipate we will see (or are seeing) regarding the future of public health in Canada? ✨Read the full episode transcript HERE ✨Learn more about the topics/cases on the Lawyered website ✨Help to declutter the law on the Lawyered crowdfunding page
04 Sep 2024
Quebec's Bill 21 and Substantive Gender Equality
00:12:42
In part one of our gender equality episode with Pam Hrick, we discuss how section 28 of the Charter (regarding substantive gender equality rights) would apply to Quebec's controversial Bill 21.
In part three of our professional regulatory law episode with Rebecca Durcan, we discuss howa new SCC decision (2023 SCC 31) will impact the role of Charter values in decision-making, even when Charter rights are not directly infringed.
In part three of our wealth management law episode with Raphael Tachie, we discuss the specific legal considerations for how an individual can change their beneficiary designation, and whether this is a matter of contract or testamentary disposition.
In part two of our wealth management law episode with Raphael Tachie, we discuss the concept of electronic wills and the legal considerations for lawyers who are charged with drafting and reviewing them.
On this episode, we're exploring the area of brand protection law, with award-winning practitioner, May Cheng. Topics: Bill 96 and New French Language Requirements; bad faith registrations; copyright law and AI derivative artworks. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ How will Quebec's new Bill 96 requirements impact companies' advertising requirements? (10:23) ⚫ How will courts assess whether to expunge a trademark on the basis of bad faith registration? (19:18 ⚫ What copyright rights do artists maintain regarding derivative works that are generated by AI? (28:45) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:43) 🔵 What are some best practices in drafting a cease-and-desist letter to ensure compliance? (40:06) 🔵 What are some tactics that businesses can use to ensure that their proposed business name/trademark is mark is available for use and is protectable? (45:12) 🔵 How can companies meaningfully monitor if other individuals are counterfeiting/imitating their trademarks/products, especially given the high volume of content on social media? (47:57) 🔵 How did you get into get into this area of brand protection law and what keeps you still engaged? (50:19)
On our Season 10 premiere, we chat about activism and social justice law issues, featuring Alexi Wood. Topics: "ag gag" and farm activism; retaliatory litigation; civility in the legal profession; and our Ask-Me-Anything Program. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements.
⚫ How does the striking down of "ag gag" rules impact the parameters of free speech for protestors? (8:18) ⚫ How can lawyers meaningfully respond to SLAPP suits that are specifically designed to silence the voices of survivors? (18:28) ⚫ What can our profession do to renew a sense of civility and candour? (26:54) ⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (36:53) 🔵 What are some ways in which lawyers can get involved with legal issues involving social justice, particularly if the lawyer primarily works in a corporate/commercial practice? (37:30) 🔵 How have you found public interest litigation change in the last several years? (40:49) 🔵 Do you foresee any upcoming shifts in the manner in which the law addresses issues of systemic racism? (45:06) 🔵 What are the primary barriers to access to justice for marginalized communities, and how can the legal profession address these challenges? (48:15)
"Super-Priorities" and the Pension Protection Act (Bill C-228)
00:12:29
In part one of our pensions law episode with Ross Gascho, we discuss the recently-passed Pension Protection Act (Bill C-228) and canvass the broader implications of pension plan payments taking a "super-priority" in insolvency proceedings.
Mental Illness and Medical Assistance in Dying (MAID)
00:13:51
In part one of our public health law episode with Jess Szabo, we discuss the latest development in the federal government’s regulation of medical assistance in dying (MAID) with a specific focus on access for persons suffering from a mental illness.
In part two of our professional regulatory law episode with Rebecca Durcan, we speak howregulators can apply principles of compassion in their treatment of registrants and complainants.
In part two of our class actions law episode with Sakina Babwani, we speak about the threshold for compensatory damages in cases of personal information data breaches.
Bill C-34 – The National Security Review of Investments Modernization Act
00:11:48
In part three of our foreign investment law episode with Dany Assaf, we discuss a new mechanism that will allow foreign investors to voluntarily notify the government about investments that could raise national security concerns.
In part two of our gender equality episode with Pam Hrick, we speak about the ongoing Saskatchewan litigation regarding the proposed pronoun policy for students
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