What’s top of mind for litigation and disputes lawyers? Increased regulatory proceedings, rising class actions, and ever-growing concerns around ESG remain a priority for general counsel and in-house litigation leaders across Canada according to the Canadian findings from Norton Rose Fulbright’s Annual Litigation Trends Survey. So, what does this mean for the future of litigation in 2024? Our first episode of Undisputed, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, dive into the survey insights and how to prepare for the challenges ahead, with François-David Paré - a Partner a ..read more

In June, the Canadian Environmental Protection Act (CEPA) was amended for the first time in over 20 years. The most publicized amendment was the recognition that every individual has a “right to a healthy environment.” But even more significant for industry will be the changes to assessment and management of toxic chemicals, prohibited substances, and expanded government information powers. This episode examines how CEPA works, why it took so long to pass the amendments, and what the changes mean for industry and individuals. How will they affect what substances are used in everyday products ..read more

Influencer advertising on social media is one of the most pervasive and effective forms of marketing, but consumers are not always aware that an advertisement is being promoted as such. While the lines are blurred, both consumers and brands need to understand that these increasingly ubiquitous marketing tactics are coming under scrutiny by government regulators. Erin Brown and Vic Domen join us to share their perspectives on what regulators in Canada and the US are concerned with and the penalties for influencers who don’t disclose their brand connections, sharing best practices for both brand ..read more

In June 2023, the Competition Bureau is set to start enforcing amendments to Canada’s Competition Act that were announced in June 2022. These amendments seek to protect competition in Canada’s labour market and pertain to no-poach and wage-fixing agreements, which will become illegal and subject to criminal penalties. These amendments could possibly mean big changes for Canadian companies and how they do business. Chris Hersh joins us to discuss the potential impacts in the Canadian labour market. As a partner in our Toronto office and head of our Canadian competition practice, Chris provides ..read more

Sanctions compliance is increasingly complex: events in the past 12 months have triggered rapid developments in sanctions regimes in Canada and across the globe. When there is little guidance from Global Affairs Canada (GAC), how can businesses navigate the patchwork of statutes and regulations? What should Canadians do if a counterparty becomes the subject of economic sanctions? And how can you reduce your sanctions risk profile? In this episode, we are joined by Stephen Nattrass and welcome back Alison FitzGerald who share their insights on what all these changes mean for Canadians. Stephen ..read more

We surveyed 437 in-house counsel across Canada and the US on their 2022 disputes experiences and expectations for 2023. The results? Greater regulatory scrutiny, increased hacker sophistication and a spotlight on employment and labour issues as workers return to the office in this post-COVID world, along with some interesting differences between Canada and the US. Joining us to share their insights are Jennifer Teskey and Sandeep Savla. Jennifer, based in Toronto, is our national chair of litigation and disputes, and Canadian head of financial institutions. Sandeep, based in New York, is the c ..read more

Season 3 of Disputed starts with a look at Canada’s remediation agreement regime. In 2022, Canada saw its first court-approved remediation agreement under the “new” 2018 Criminal Code provisions – R c. SNC-Lavalin. Our guests, François Fontaine and Charles-Antoine Peladeau, negotiated that agreement and give us their insight into the practicalities of navigating this regime: what are the options for companies who suspect financial misconduct? How similar is Canada’s regime to the UK and US deferred prosecution systems? And with the RCMP now publicly encouraging companies to self-disclose, will ..read more

Have you noticed terms such as “the great resignation” and “quiet quitting” being thrown around in the last year or two? As employers look to recruit and retain talent, the conversation seems to have changed, with these concepts at the forefront and employers wondering about their obligations to provide work-life balance, offer flexibility and pour time and resources into creating a positive and supportive culture. Joining us for this special episode to discuss these issues are Amy Binder, engagement strategy and culture director in our Calgary office, and Jeff Landmann, an employment and labo ..read more

Battle of the experts: whether it’s between engineers advising on a pipeline’s propensity to crack or economists calculating the cost of a failed merger, experts have a vital role in helping the court understand technical issues to reach a fair and reasoned decision. But how do you pick the right expert for the case? How and when should you work with them? What makes expert evidence inadmissible? To answer these questions, we welcome Dan Daniele and Justine Smith from our Toronto office. Dan is a partner who practises in all areas of intellectual property, with specific experience in pharmaceu ..read more

When ending an employment contract, what constitutes just cause? Does employee misconduct mean they are not entitled to notice of termination or payment in lieu? And, what is the difference between a dismissal without cause and one that is legitimate? To answer these questions we turn to Paul Macchione, senior associate in our Toronto office, and Chanelle Wong, senior associate in our Vancouver office. They both advise on a wide range of issues pertaining to workers and the workplace, including labour relations, union matters, employment contracts and discipline and discharge. This episode qu ..read more