Disputed

When will a company be held responsible if its employees are involved in wrongdoing? Are all companies measured by the same degree of accountability? And how is anti-corruption legislation applied when multiple jurisdictions are involved? 

The UK is strengthening its anti-corruption legislation, making significant changes that will introduce a statutory test for corporate criminal liability, introducing a new strict liability offence of failure to prevent fraud, and expanding the investigative powers of the UK’s Serious Fraud Office. In this episode, we explore what impact these significant changes will have on Canadian and other international businesses. 

Joining us for this special cross-border episode are Neil O’May and Naomi Miles. Neil is a partner who leads our corporate crime practice in London, and advises and defends some of the world's most prominent organizations and individuals in investigations and prosecutions involving international fraud, corruption and market abuse. Naomi is a senior associate in our London office, who focuses on complex multi-jurisdictional investigations, risk mitigation and compliance. 

Note: since recording, the UK Parliament has made the decision to drop the offence of failing to prevent money laundering. You can read more about that decision here.

Published: September 27, 2023 | 41 min 52 sec
CPD credits: This episode is accredited 0.7 substantive hours in Ontario and 0.7 substantive hours in British Columbia.

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? Is this “right” to a healthy environment anything more than legislative greenwashing?

Diana Weir joins co-hosts Ailsa Robertson and Ted Brook for this episode. Diana is of counsel with the firm and her practice focuses on environmental law. She provides legal and strategic advice on environmental matters concerning Ontario, federal, and municipal legislation, everything from permitting to compliance. Diana is also a litigator and has defended clients charged with environmental offences, and has prosecuted environmental litigation claims by property owners.

For more information:

• Recognition of a right to a healthy environment
• Canadian Environmental Protection Act Registry*
• Toxic substances list: schedule 1*
• Basel Convention*
• London Convention*

*Clicking these links will take you to an external page

Published: August 23, 2023 | 58 min 52 sec
CPD credits: This episode is accredited for one (1) substantive hour in Ontario and one (1) substantive hour in British Columbia.

At its core, pro bono refers to lawyers’ broader duty to give back to communities, helping to bridge the gap in access to justice. There is no shortage of opportunity for lawyers to help people in need in this country, and that’s where the pro bono committee at Norton Rose Fulbright, led by Grace Pastine, KC, steps in. Grace is the firm’s Pro Bono Counsel (the role itself is a first of its kind in the country) and she joins us to share how she is developing the firm’s pro bono program and how she sources and evaluates requests for pro bono assistance.

Ted Brook joins Andrew as a guest co-host for this episode. You may remember hearing Ted on the Prompt payment episode in S2. Ted is a senior associate in Toronto whose practice focuses on class actions, environmental litigation and complex commercial disputes. Ted is also involved in a number of pro bono projects, including a Charter challenge over the constitutionality of our first-past-the-post voting system.

Grace Pastine, KC, recently joined the firm to lead our Pro Bono practice. Grace was the litigation director of the BC Civil Liberties Association where she was responsible for all matters involving prisoners’ rights, police abuse and medical assistance in dying. She also directed interventions in over 100 cases before the Supreme Court of Canada on human rights and civil liberty issues. 

Published: July 26, 2023 | 40 min 54 sec
CPD credits: This episode is accredited 0.67 professionalism hours in Ontario and 0.67 substantive hours in British Columbia.

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 brands and influencers.

Erin Brown is a senior associate in our Ottawa office whose practice focuses on a wide variety of regulatory issues, including competition, antitrust law, international trade, economic sanctions and export controls, as well as customs and procurement. Vic Domen is a partner in our Washington, DC, office, and is a government antitrust investigations and prosecutions lawyer. As a former enforcer, Vic has a unique perspective on the priorities of government agencies, as well as the challenges clients may encounter.

• Influencer marketing and the Competition Act | Canadian Competition Bureau*
• Disclosures 101 for Social Media Influencers | Federal Trade Commission* 
• FTC Issues Orders to Social Media and Video Streaming Platforms Regarding Efforts to Address Surge in Advertising for Fraudulent Products and Scams*

Published: April 26, 2023 | 50 min 59 sec
CPD credits: This episode is accredited 0.85 substantive hours in Ontario and 0.83 substantive hours in British Columbia.

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 strategic counsel to clients on all aspects of competition law.

For more information: 
No-poach, no problem: Competition Bureau releases enforcement guidelines for wage-fixing and no-poaching agreements

Published: March 22, 2023 | 36 min 14 sec
CPD credits: This episode is accredited for 0.6 Substantive hours in Ontario and 0.6 Substantive hours in British Columbia.

Published: March 8, 2023 | 34 min 21 sec
CPD credits: This episode is accredited for 0.5 Substantive hours in Ontario and 0.5 Substantive hours in British Columbia. 

Published: February 8, 2023 | 40 min
CPD credits: This episode is accredited for 0.68 Substantive hours in Ontario and 0.68 Substantive hours in British Columbia. 

Published: January 25, 2023 | 44 min 05 sec
CPD credits: This episode is accredited for 0.75 Substantive hours in Ontario and 0.75 Substantive hours in British Columbia. 

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 labour partner in our Calgary office. Amy is responsible for leading our national workplace engagement strategy and you may remember Jeff from our “Return” to work episode earlier this season.

Published: November 9, 2022 | 41 min 21 sec
CPD credits: This episode qualifies for 0.72 hours of Professionalism credit in Ontario and 0.70 hours of Practice Management credit in British Columbia.

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 pharmaceutical patent litigation. Justine is an associate whose practice covers all areas of commercial and civil litigation.

Published: October 19, 2022 | 42 min 26 sec
CPD credits: This episode qualifies for 0.72 hours of Professionalism credit in Ontario and 0.70 hours of Substantive credit in British Columbia.

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.

Published: October 5, 2022 | 39 min 36 sec
CPD credits: This episode qualifies for 0.67 hours of Substantive credit in Ontario and 0.67 hours of Substantive credit in British Columbia.

What do cryptocurrency and cannabis have in common? They both attract new and unseasoned investors who may be exposed to significant risks when representations about a business turn out to be misleading. The Ontario Securities Commission (OSC) watches this activity and introduces legislation to protect investors. Joining us to discuss what this all means are Jeff Kehoe and Linda Fuerst. Jeff is the director of enforcement at the OSC and previously spent time as the VP of enforcement at the Investment Industry Regulatory Organization of Canada (IIROC), and Linda is a senior partner and co-chair of our Toronto litigation group.

Published: September 21, 2022 | 29 min 58 sec
CPD credits: This episode qualifies for 0.5 hours of Substantive credit in Ontario and 0.5 hours of Substantive credit in British Columbia.

The conversation on climate change and sustainability disputes continues. In this episode, we’re talking about greenwashing. Both public and private companies are being held to task on what they say about their climate footprint with regulatory bodies taking a bigger role in enforcement. Joining the discussion are Kellie Johnston and Ray Chartier. Kellie is chief sustainability officer (CSO) and general counsel to Northstar Clean Technologies in Vancouver. Ray is a commercial litigation partner based in our Calgary office, and one of the co-heads of our Canadian ESG practice. Kellie and Ray share remarkable insights with us about the role of the CSO in business, the rise of greenwashing risks and potential claims, and what trends we're seeing coming down the pike.

Published: September 7, 2022 | 46 min 20 sec
CPD credits: This episode qualifies for 0.75 hours of Substantive credit in Ontario and 0.75 hours of Substantive credit in British Columbia.

Across Canada, steps are being taken to tackle payment delays and disputes in the construction industry. Ontario’s law changed in 2019; Alberta’s law is changing on August 29 of this year. This episode looks at how Ontario’s prompt payment and adjudication regime is working in practice, and what similar changes mean for Alberta, with Kelly Moffet-Burima and Ted Brook. Kelly is a partner in our Calgary office whose practice includes a focus on construction litigation, while Ted is a senior associate in our Toronto office who practises commercial litigation with a focus on complex matters, including construction disputes.

Additional resources: PPCLA Advisor calculator for Alberta’s new Prompt Payment and Construction Lien Act

Published: August 24, 2022 | 36 min 48 sec
CPD credits: This episode qualifies for 0.6 hours of Substantive credit in Ontario and 0.6 hours of Substantive credit in British Columbia.

Avatars, Bored Apes and Nike sneakers – a look at our new virtual reality with guest Nick Abrahams. As the Metaverse is expected to become a $1 trillion market, many of the world’s largest companies are investing in this new world, developing NFTs and building operating platforms. What’s all the fuss about? Are NFTs here to stay? How much of a Wild West is Web3? Nick is Global Head of Tech and Innovation at Norton Rose Fulbright, and host of the podcast Web3: From Mystery to Main Street. 

Additional resources: Web3: From Mystery to Main Street

Published: August 10, 2022 | 39 min 42 sec
CPD credits: This episode qualifies for 0.67 hours of Substantive credit in Ontario and 0.67 hours of Substantive credit in British Columbia.

Part two of our series on Modern Slavery looks at what Canada is doing to tackle this global issue. After several years on the docket, will Bill S-211 finally become law in 2022? How does it compare to regimes in Europe, US and Australia? And what’s this about new Bill C-262, that would mandate prevention of human rights impacts abroad? We talk to Alison FitzGerald, Partner in our Ottawa office and Meaghan Farrell, Associate, also in our Ottawa office, about what all this means for those affected.

For more information:

• Fighting modern slavery and corruption in supply chains: do proposed measures in Canada account for the challenges facing emerging markets?
• Canada enacts legislation to fight modern slavery in supply chains

Published: July 27, 2022 | 41 min 59 sec
CPD credits: This episode qualifies for 0.67 hours of Substantive credit in Ontario and 0.67 hours of Substantive credit in British Columbia.

Forty million. That is the estimated number of people trapped in modern slavery, with supply chains being a key risk area. Modern slavery laws have grown across the world: first California, then the UK, Europe and Australia. Canada’s new law is imminent. Part one of this series looks at the international picture: what key trends are emerging in the UK, Europe and Australia? How can we manage compliance with multiple legal regimes? And how to balance the need for transparency with civil liability? In part one, we talk to Abi McGregor, Partner in our Melbourne office and Stuart Neely, Counsel in our London office to better understand the global landscape.  

For more information: 

• Canada enacts legislation to fight modern slavery in supply chains

Published: July 13, 2022 | 45 min 33 sec
CPD credits: This episode qualifies for 0.75 hours of Substantive credit in Ontario and 0.75 hours of Substantive credit in British Columbia.

The past two years have brought uncertain, sometimes turbulent times to Canadian businesses and their supply chains. And when forced to make quick adjustments to address short-term bottlenecks, companies are often left with little time to assess long-term risk and liability. For this discussion, we welcome back Randy Sutton, global co-head of our life sciences and healthcare industry group and co-head of our Canadian class actions team. Joining Randy is Kaitlin Smiley, Of counsel in our Vancouver office.

Published: May 26, 2022 | 26 min 20 sec
CPD credits: This episode qualifies for 0.42 hours of Substantive credit in Ontario and 0.42 hours of Substantive credit in British Columbia.

Is a competitor using your trade secrets? Is a former employee misusing confidential information? This episode is all about trade secret rights and how to enforce them. Businesses can rely on trade secret law to protect almost anything, from secret recipes and manufacturing methods to business plans and customer lists. IP lawyers Elizabeth Williams, partner and trademark agent based in Calgary, and Allyson Whyte-Nowak, partner based in Toronto, join us for this conversation.

Published: May 4, 2022 | 40 min 8 sec
CPD credits: This episode qualifies for 0.65 hours of Substantive credit in Ontario and 0.66 hours of Substantive credit in British Columbia.

I think, therefore I am…? Artificial Intelligence is changing our legal environment. But as machines continue to inform decision making and human interaction, what does this mean for long-established principles such as causation, standard of care, and procedural fairness? What ethical issues arise when we rely on machines to make a judgement call? And if a machine can learn on its own, can it be an inventor with IP rights? Breaking down this brave new world is IP partner Maya Medeiros, and associate Jesse Beatson, whose practices cover the intersection of technology and law.

For more information on this topic:

• AI Decision-Making: Protecting Rights Through Litigation and Regulation in Canada and the USA - YouTube
• Litigating Artificial Intelligence | Emond Publishing
• Copyright protection for AI-created work? | Canada | Global law firm | Norton Rose Fulbright
• Leading Legal Disruption: Artificial Intelligence And A Toolkit For Lawyers And The Law, softbound book | Thomson Reuters

Published: April 19, 2022 | 34 min 44 sec
CPD credits: This episode qualifies for 0.5 hours of Substantive credit in Ontario and 0.5 hours of Substantive credit in British Columbia.

Class actions are a rapidly evolving risk for Canadian businesses. COVID-19, employment, privacy, consumer protection: these are just a few areas where activity has increased, and it is happening across multiple industries and jurisdictions. As class actions develop in scope and complexity, so do strategies for predicting and managing what seems like a moving target. In this episode, we look at some key trends in class actions, and compare approaches to certification across the provinces. Joining us are the co-chairs of our Canadian class actions team, Toronto partner Randy Sutton, and Montréal partner François-David Paré.

For more information: No duty of care owed to farmers arising from mad cow crisis.

Published: March 16, 2022 | 35 min
CPD credits: This episode qualifies for 0.58 hours of Substantive credit in Ontario and 0.58 hours of Substantive credit in British Columbia.

The workplace Canadians are “returning” to is not what it was two years ago. The way we work – what, where and how we do it – has changed, and it’s brought rapid developments in the law. This episode starts by looking at the big-ticket issue: mandatory vaccination policies. We then look more broadly at the evolving definition of the workplace, and consider what recent case law can tell us about attitudes to employee rights when it comes to remote working, including the right to disconnect, pay equity, and discrimination risks. Joining us for this important, timely topic is employment and labour partner Jeff Landmann and associate Preston Brasch. 

For more information, check out Norton Rose Fulbright’s content hub for practical guidance, timely updates and strategic insights: Return to the workplace.

Published: February 23, 2022 | 46 min
CPD credits: This episode qualifies for 0.75 hours of Substantive credit in Ontario and 0.75 hours of Substantive credit in British Columbia.

Litigation funding – where a plaintiff’s litigation effort is financed by a third party in exchange for a portion of the proceeds of the case – is an established practice in jurisdictions such as the US and the UK, and is now becoming a regular feature of Canadian litigation, especially in the insolvency context. In this episode, hosts 
Ailsa Robertson and Andrew McCoomb welcome our first industry guest: Paul Rand is chief investment officer at Omni Bridgeway, a global litigation finance company that funds commercial disputes and enforcement proceedings around the world. Joining Paul is Arad Mojtahedi, associate in our Montréal office practising commercial litigation and insolvency proceedings under Canada's Companies’ Creditors Arrangement Act.

For more information: The reverse vesting order is here to stay: Continued innovative use of the Companies’ Creditors Arrangement Act to save distressed companies and Authority to bar a creditor from voting and litigation funding as interim financing: The Supreme Court of Canada’s ruling in Bluberi

Published: February 9, 2022 | 39 min 1 sec
CPD credits: This episode qualifies for 0.65 hours of Substantive credit in Ontario and 0.66 hours of Substantive credit in British Columbia

Blockchain technology is, by definition, borderless. But what happens when such a widespread ledger becomes the focus of litigation? In this episode, hosts Andrew McCoomb and Ailsa Robertson welcome Robert (Bob) Schwinger, commercial litigator and FinTech lawyer from our New York office. Bob brings us up to speed on just what, exactly, cryptocurrencies are, raising interesting jurisdictional questions as they become an increasingly frequent subject of litigation. 

Bob is author of the New York Law Journal’s “Blockchain Law” column. Check out his last installment for recent updates: Blockchain Law: Out to sea? Extraterritoriality challenges in US crypto litigation. 

Published: January 26, 2022 | 41 min 40 sec
CPD credits: This episode qualifies for 0.68 hours of Substantive credit in Ontario and 0.66 hours of Substantive credit in British Columbia.

A natural follow-up to our conversation on climate change disputes, in this episode, we talk about what happened in Glasgow last month, connecting key points from COP26 to current efforts in Canada to reduce emissions and develop sustainable technology. Hosts Ailsa Robertson and Andrew McCoomb welcome guests from our Calgary and Vancouver offices: Alan Harvie, senior partner with over 30 years' experience with regulatory, operational, and environmental issues in the energy, oil and gas, and chemical industries; and Matthew Keen, partner with a practice covering energy law, environmental assessment, and issues concerning Indigenous peoples. 

Norton Rose Fulbright was onsite at COP26 this year. For additional commentary on the day-to-day conversation in Glasgow, check out our blog, Inside COP26.  

Published: December 15, 2021 | 48 min 24 sec
CPD credits: This episode qualifies for 0.75 hours of Substantive credit in Ontario and 0.75 hours of Substantive credit in British Columbia.

At the date of this podcast, there are over 1800 global climate change lawsuits. 18 months ago, that number was 1,543. The effects of climate change are proliferating, and litigation is following suit. But what does a climate change and sustainability dispute look like? What laws and legal principles are engaged? And what can international trends tell us about Canada’s litigation risk profile? Ailsa Robertson and Andrew McCoomb talk to Cara Dowling and Michael Manhas about the rise of climate and sustainability disputes, and why we expect more will reach our Canadian shores. Cara is our Director of Global Disputes and has multi-jurisdictional experience in litigation and arbitration, with particular expertise in climate change dispute risks. Michael is a Partner in our Vancouver office practising litigation, administrative and regulatory law, with a focus on environmental, energy and indigenous matters.

For more information, including sector-specific insights and cross-border guides, check out our Climate change and sustainability disputes website. 

Published: December 1, 2021 | 43 min 17 sec
CPD credits: This episode qualifies for 0.75 hours of Substantive credit in Ontario and 0.75 hours of Substantive credit in British Columbia.

Battle for the Board: proxy fights happen when shareholders rally to gain control of the company and its future. Even with the impact of COVID-19 on capital market activity, shareholder activism in the form of proxy battles is rising. Does that mean it’s getting easier to start a proxy fight? What factors are driving these battles? Join hosts Ailsa Robertson and Andrew McCoomb as they ask Walied Soliman and Orestes Pasparakis, co-chairs of the firm’s Special situations team, why Canada is experiencing more proxy fights, what tactics are deployed, and how companies can fight back. Walied is the chair of Norton Rose Fulbright Canada and chaired the Ontario Capital Markets Modernization Task Force. Orestes has been called the “go-to lawyer on any bet-the-company litigation file”, and together they have won some of Canada’s most complex corporate disputes.  

Published: November 17, 2021 | 23 min 36 sec
CPD credits: This episode qualifies for 0.3 hours of Substantive credit in Ontario and 0.5 hours of Substantive credit in British Columbia.

Can the Canadian parent of a multinational organization be liable for actions of its foreign subsidiaries? Last year, the Supreme Court of Canada decision in Nevsun signalled to multinational entities that they must be alive to this risk. And globally, companies face increasing scrutiny to act sustainably and responsibly. Join co-hosts Ailsa Robertson and Andrew McCoomb for a discussion on the changing nature of international parent company liability: is the “corporate veil” still an effective means of insulating liability? Does having too bold a corporate responsibility statement create a risk for parent companies? And what role might arbitration play in managing this risk? Talking us through these issues are Alison FitzGerald and Martin Valasek. Alison is Of Counsel in our Ottawa office with a practice in international arbitration, trade and investment law. Martin is a Partner in our Montreal office and head of our Canadian International Arbitration team.

For more information, please check out our cross-border guide to parent company liability for foreign subsidiaries

Published: November 3, 2021 | 39 min 15 sec
CPD credits: This episode qualifies for 0.5 hours of Substantive credit in Ontario and 0.5 hours of Substantive credit in British Columbia.

Data breaches in Canada hit a record high last year with an average cost of more than $6 million per incident. Data breaches are beginning to affect every sector and industry and regulation is beginning to increase to address these breaches. The second episode in our cybersecurity series, join hosts Ailsa Robertson and Andrew McCoomb as they dig into how best to manage a data privacy breach. What constitutes a breach? What do you actually do when a breach happens? And how do you mitigate the impact and reduce the risk of a future incident? For the discussion, we welcome back Imran Ahmad, co-head of information governance, privacy and cybersecurity and head of Norton Rose Fulbright’s technology sector. Joining Imran is Miranda Sharpe, an associate from our Calgary office and a member of Norton Rose Fulbright’s national information governance, privacy and cybersecurity team.

Published: October 21, 2021 | 34 min 03 sec
CPD credits: This episode qualifies for 0.5 hours of Substantive credit in Ontario and 0.5 hours of Practice Management credit in British Columbia.

Imagine you are the victim of a ransomware attack. A hacker gains access to your data and encrypts your files so you can't use them. When you log in to your system, you are confronted with a ransom demand; you’ve got to pay up if you want your data back. The ransomware industry is booming and attacks are up 151% this year compared to 2020. And the chaos it's causing is becoming more widespread. What does this mean for Canadian businesses? How are hacker techniques changing? Should you ever pay a ransom? What legal issues are engaged when defending a ransomware attack? Join hosts Ailsa Robertson and Andrew McCoomb as they interview John Cassell and Imran Ahmad to get answers to these questions. John and Imran are Canadian co-heads of Norton Rose Fulbright’s cybersecurity team.

Published: October 20, 2021 | 33 min 30 sec
CPD credits: This episode qualifies for 0.5 hours of Substantive credit in Ontario and 0.5 hours of Practice Management credit in British Columbia.

Short form summaries considered by the financial advisor, fairness opinions determine whether a proposed transaction is fair from a financial perspective to company shareholders. In this episode, join hosts Ailsa Robertson and Andrew McCoomb as they interview Steve Leitl, QC to find out why fairness opinions are becoming top of mind for courts, and what questions directors, shareholders and financial advisors should be ready for. Steve is a senior partner in our Calgary office and has represented clients across Canada in complex securities and M&A litigation, directors’ liability cases, class actions and internal investigations.

Published: October 13, 2021 | 36 min 17 sec
CPD credits: This episode qualifies for 0.5 hours of Substantive credit in Ontario and 0.5 hours of Substantive credit in British Columbia.