Lawyered: Recent Episodes
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It’s our series finale! To cap off and celebrate 10 amazing years of podcasting, I’m switching roles and taking the hot seat as the guest! Hosting this special episode is the incredible Fatema Dada—mentor, lawyer, community leader and more.
We’ll dive into the show’s origins and production journey, share tangible tips for content creators and lawyers, and explore what’s next on the horizon.
Episode Preview (1:21:21): Download
Read the Episode Transcript: Transcript
In the full episode, we’ll dive into a number of topics, including:
What inspired the creation of this podcast, both conceptually and practically? (10:09)
Can you walk us through the behind-the-scenes production process? (14:52)
What have been some of the standout moments and key lessons from the show? (32:16)
Who were some of the most memorable—or unexpected—guests you’ve featured? (41:41)
Why is now the right time for the podcast to come to an end? (47:01)
What are the most valuable insights you’d share with lawyers and content creators? (1:02:46)
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*!
About the Guest Host:
Fatema Dada serves as the Deputy Legal Director within the Ontario government.
Previously, she was counsel at the Ontario Human Rights Commission, where her work focused on addressing anti-Black racism in policing. She also worked as a senior policy advisor for the former Attorney General of Ontario and has over a decade of experience in litigation for the province.
In addition to her professional work, Fatema is actively involved in community service. She sits on the board of SMILE Canada – Support Services, an organization supporting children with disabilities, and is a co-founder of the Muslim Legal Support Centre. She is also a board member of Hijabi Ballers, an organization supporting Muslim women in sports. Previously she was involved with Conquer COVID, a volunteer initiative that provided PPE and essential resources to frontline workers and communities in need during the pandemic. and up till recently served on the board of the Canadian Muslim Lawyers Association, where she contributed to advancing the interests and representation of Muslim lawyers across Canada.
Fatema’s LinkedIn Profile
On our substantive series finale, we speak with iconic criminal defense lawyer, Daniel Brown, about section 11(b) of the Charter and the right to a trial within a reasonable time. Topics: Bill C-392; interlocutory motions and trial delay calculations; progressive solutions to address systemic issues in the criminal justice system; and our final Ask-Me-Anything segment.This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (1:01:31) Download Transcript
Could new legislation override the “Jordan timeframes” and the constitutional right to a trial within a reasonable time? (14:40)
How does the time allocated for interlocutory motions impact the calculation of trial delay? (22:57)
What are some progressive solutions that can address systemic delay issues within the criminal justice system? (31:31)
Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (41:27)
How do issues like the availability of court resources and judicial vacancies contribute to delays in the criminal justice system? (41:49)
How should the legal system balance the right to a timely trial with the need for thorough investigation and fair prosecution? (45:09)
How do cultural and systemic biases within the judicial system impact the application of Section 11(b), particularly for marginalized communities? (48:10)
What are some of the other significant ways in which the criminal law space has changed over the last 5-10 years? (51:31)
What are some things that lawyers can do to improve access to justice? (54:42)
1. Proposed Legislation to Override Jordan Timeframes (12:13) Download
– Bill C-392 – An Act to amend the Criminal Code to address the Supreme Court of Canada decision in R. v. Jordan
2. Interlocutory Motions and Trial Delay Calculation (12:08) Download
– R. v. Mengistu, 2024 ONCA 575
– R. v. K.G.K., 2020 SCC 7
3. Addressing Underlying Issues in the Criminal Justice System (13:30) Download
4. Ask-Me-Anything: Right to Trial Without Delay (19:59) Download
How do issues like the availability of court resources and judicial vacancies contribute to delays in the criminal justice system?
How should the legal system balance the right to a timely trial with the need for thorough investigation and fair prosecution?
How do cultural and systemic biases within the judicial system impact the application of Section 11(b), particularly for marginalized communities?
What are some of the other significant ways in which the criminal law space has changed over the last 5-10 years?
What are some things that lawyers can do to improve access to justice?
About the Guest:
Daniel Brown is a criminal defence lawyer and lead counsel at Daniel Brown Law LLP which is consistently recognized as one of Canada’s 10 best boutique criminal law firms.
Since his call to the bar in 2005, Daniel has devoted his practice to criminal, constitutional and regulatory law and has appeared at every level of court in Ontario and at the Supreme Court of Canada. He is a past president of the Criminal Lawyers’ Association (CLA), is certified by the Law Society of Ontario as a specialist in criminal law, and also acts as review counsel for Innocence Canada.
In 2023, Daniel was appointed by the Federal Government of Canada to sit on the Federal Judiciary Advisory Committee for Toronto and the GTA. Daniel co-authored the textbook, Prosecuting and Defending Sexual Offence Cases from Emond Publishing and contributed a chapter to the textbook called, “Social Media and Internet Law (2nd Ed.)” from LexisNexis. Outside the courtroom, Daniel mentors young lawyers and frequently lectures at continuing legal education programs hosted by the Crown and defence bar.
He also teaches Advanced Criminal Law at Queens University’s Faculty Of Law. He also created and supervises the law school’s upper year criminal appellate externship program which allows law students to gain credits towards their degree by working with appellate lawyers across the province on public interest criminal appeals to the Court of Appeal for Ontario and the Supreme Court of Canada.
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This week, we’re speaking about public law and government decision-making with Zain Naqi, a Toronto litigator with an extensive public law and appeals practice. Topics: evolving doctrines of crown immunity; a new test for Aboriginal title; and section 7 implication for sex work provisions.This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (56:43) Download Transcript
How has recent caselaw influenced the Crown’s ability to immunize its own operational decisions from legal challenge? (13:36)
How might a recent Quebec Superior Court decision revise the Vanderpeet test for identifying Aboriginal rights? (22:26)
What are the section 7 Charter implications of an upcoming Supreme Court hearing regarding those who receive a material benefit from sex work? (32:55)
Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (41:28)
What impact will recent decisions on public interest standing have on access to justice? (42:00)
What are your thoughts on the increasing invocation of the notwithstanding clause by provinces and the constitutional limits to its use? (45:40)
How has Canada’s experience compared to the United States regarding concerns about the “politicization of the courts” and the separation of powers between the judiciary and the executive branches of government? (47:42)
What other public law developments do you anticipate courts will be facing in the near future? (51:00)
1. The Evolving Doctrine of Crown Immunity (11:33) Download
– Ontario Place Protectors v. HMK in Right of Ontario, 2024 ONSC 4194
2. Recognizing Aboriginal Rights: Beyond the Van der Peet Test (13:20) Download
– R. v. Montour and White 2023 QCSC 4154
3. Section 7 and Sex Work (11:21) Download
– R. v. Kloubakov, 2023 ABCA 2875
4. Ask-Me-Anything: Public Law (15:12) Download
What impact will recent decisions on public interest standing have on access to justice?
What are your thoughts on the increasing invocation of the notwithstanding clause by provinces and the constitutional limits to its use?
How has Canada’s experience compared to the United States regarding concerns about the “politicization of the courts” and the separation of powers between the judiciary and the executive branches of government?
What other public law developments do you anticipate courts will be facing in the near future?
About the Guest:
Zain Naqi is a partner with Lax O’Sullivan Lisus Gottlieb LLP – a boutique litigation firm in Toronto.
Zain’s practice encompasses all aspects of business litigation and In addition to his commercial disputes work, Zain has an extensive public law and appeals practice. He represents clients at all levels of court in Ontario, the Federal Court, the Competition Tribunal, and the Supreme Court of Canada. His mandates include significant appeals, judicial reviews, and multi-week trials and hearings. He has represented local and regional municipalities across Ontario, aboriginal groups, as well as individuals and corporate clients in administrative and constitutional litigation. He has developed expertise in judicial review proceedings before the Divisional Court, successfully obtaining extraordinary remedies against public authorities. In his pro bono work, he has contributed to cases for the Canadian Civil Liberties Association, including a precedent-setting case on the scope of Crown liability.
Earlier in his career, Zain clerked at the Supreme Court of Canada and worked at a leading New York firm on class actions and regulatory investigations. He is also a co-author of the Chambers Global Practice Guide for Litigation in Canada.
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This week, we’re speaking about private equity law with Enda Wong — the Montréal Leader of McMillan LLP’s Business Law Group. Topics: continuation funds; waiving shareholders’ dissent rights; conflicts of interest and derivative actions .This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (52:55) Download Transcript
What are the advantages in using continuation funds as an investment strategy? (8:33)
Can corporate shareholders waive their dissent rights through contractual agreements? (17:45)
How can conflicts of interest lead to derivative actions in the private equity context? (26:18)
Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (36:08)
What does the work of a private equity lawyer typically look like?
What are some strategies that private equity lawyers can employ to streamline the due diligence process?
What are the key clauses or provisions a lawyer typically focuses on when negotiating investor rights in a private equity agreement?
How have private equity firms adapted to mitigate risks in cross-border transactions given the tightening of the foreign investment review process?
What are some of the upcoming changes that you foresee private equity lawyers will be grappling with in the years to come? (49:33)
1. Continuation Funds as an Investment Tool (11:10) Download
2. Dissent Rights Under Shareholder Agreements (11:20) Download
– Husack v. Husack, 2024 ONCA 117
3. Derivative Actions for Limited Partnerships (12:37) Download
– Binscarth Holdings LP v. Grant Anthony, 2024 ONCA 522
4. Ask-Me-Anything: Private Equity Law (16:47) Download
What does the work of a private equity lawyer typically look like?
What are some strategies that private equity lawyers can employ to streamline the due diligence process?
What are the key clauses or provisions a lawyer typically focuses on when negotiating investor rights in a private equity agreement?
How have private equity firms adapted to mitigate risks in cross-border transactions given the tightening of the foreign investment review process?
What are some of the upcoming changes that you foresee private equity lawyers will be grappling with in the years to come?
About the Guest:
Enda Wong is a partner with McMillan LLP where she is the Montréal Leader of the Business Law Group.
Her practice focuses on mergers and acquisitions, as well as private equity and venture capital investments. Enda handles a variety of regional, national and cross-border transactions, practising both common law and civil law. Acting on behalf of private enterprises, institutional and private equity investors and non-profit organizations, Enda provides counsel on commercial, regulatory and compliance-related issues, including in respect of services agreements, contests filings and compliance with the Charter of the French Language.
Enda has been repeatedly recognized by Best Lawyers in Canada and Lexpert as a leading lawyer in M&A, Corporate Law and Private Equity and was a winner of the Lexpert 2021 Rising Star Awards: Leading Lawyer Under 40 and is a co-author of the 2024 International Comparative Legal Guide: Private Equity (Canada Chapter).
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On this episode, we’re chatting about white collar criminal law with British Columbia business litigator and defense lawyer, Chilwin Cheng. Topics: Mens rea elements for corporate directors’ secondary liability, search warrants for IP addresses, & health and safety obligations for project owners.This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (55:46) Download Transcript
What is the mens rea element when corporate directors are charged with secondary liability offences? (10:14)
What are the implications of the new requirement for police officers to obtain a warrant to access IP addresses? (19:11)
Who bears the ultimate liability when a project owner hires a contractor to manage a project? (29:24)
Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:05)
What are the differences that a lawyer faces in representing a person accused with white collar crimes as opposed to other kinds of crimes? (37:43)
What governmental and policy steps have been the most effective in combatting money laundering? (40:37)
Given the concerns regarding insider trading, is being offered the option of employee stock options a meaningful benefit? (44:14)
What can you say about the popular perception that white collar criminals can “pay their way” out of criminal consequences? (46:06)
How do we bridge the gap between white collar crimes and the people they impact? (49:33)
1. Secondary Liability for Corporate Directors (11:44) Download
– R. v Mossman, 2024 BCSC 443
2. Search Warrants and IP Addresses (13:13) Download
– R. v. Bykovets, 2024 SCC 6
3. Health and Safety Obligations for Project Owners (12:37) Download
– R. v. Greater Sudbury (City), 2023 SCC 28
4. Ask-Me-Anything: White Collar Criminal Law (16:47) Download
What are the differences that a lawyer faces in representing a person accused with white collar crimes as opposed to other kinds of crimes?
What governmental and policy steps have been the most effective in combatting money laundering?
Given the concerns regarding insider trading, is being offered the option of employee stock options a meaningful benefit?
What can you say about the popular perception that white collar criminals can “pay their way” out of criminal consequences?
How do we bridge the gap between white collar crimes and the people they impact?
About the Guest:
Chilwin Cheng is the lead principal of Ascendion Law, which is a boutique commercial litigation and regulatory and white-collar defence based out of Vancouver
Chilwin has leading experience in complex administrative and regulatory legal issues, white-collar criminal defence, constitutional challenges, challenges of government authority, expropriations, and complicated multi-party, multi-stage, and multi-jurisdictional business litigation. His civil cases usually involve multiple jurisdictions, multiple parties, and complex areas of law.
He is a frequent conference chair, panel speaker, and guest lecturer at conferences, professional development panels, and training for law students and young lawyers. Chilwin is also a leader in law practice innovation and is a pioneer in adapting proven quantitative-modelling approaches to litigation assessment and management to forecast outcomes with high confidence and develop practical solutions that can avoid unnecessary litigation and resources.
In 2021, Chilwin was appointed Chair of CBABC’s Business Practice & Innovation Committee. He was also a member of the BC Supreme Court’s consultative body on technological improvements to the courts, and was recently appointed to the advisory body to University of Victoria Law School’s Access to Justice Project. Prior to founding Ascendion Law, Chilwin served as the Chief Counsel of the regulator of Canada’s public equities markets and trading systems, a prosecutor with the BC securities commission, and as a Crown Counsel.
Chilwin Cheng Profile
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This week, we’re getting a move on with a conversation about transportation law, featuring Heather Devine, the Chief Legal Officer of TRAFFIX. Topics: Ontario’s new regulation of the towing sector, carrier confirmation sheets and new Competition Act merger rules.This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (47:27) Download Transcript
How is the Ontario government working in addressing the criminal activities and enhancing public safety in the towing industry? (7:04)
How do the principles of offer and acceptance apply to the “industry standard” forms known as carrier confirmation sheets? (15:25)
How will the new Competition Act merger rules impact the trucking and transportation sector? (23:16)
Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (31:52)
How will the Fighting Against Forced Labour and Child Labour in Supply Chains Act impact the logistics and transportation space? (32:33)
What are some practical things for transportation lawyers to consider when managing the legal risks associated with climate change and extreme weather events? (35:43)
How has the rise of e-commerce influenced transportation regulations, particularly concerning last-mile delivery services? (38:04)
What are some of the unique skills that are required when heading a legal department with a larger North American presence? (40:12)
1. Regulating the Towing Industry (10:43) Download
– Towing and Storage Safety and Enforcement Act, 2021, S.O. 2021, c. 26, Sched. 3
2. Carrier Confirmation Sheets (10:24) Download
– “Better Late Than Never Does NOT Apply to Carrier Confirmation Sheets: The Simple Rules of Contracting Must Be Followed”, International Association of Defense Counsel Newsletter, Dec 2023
3. Competition Act Changes for Market Share Thresholds (11:07) Download
– “Guide to the June 2024 amendments to the Competition Act”, Competition Bureau, 25 Jun 2024
4. Ask-Me-Anything: Transportation Law (17:03) Download
How will the Fighting Against Forced Labour and Child Labour in Supply Chains Act impact the logistics and transportation space?
What are some practical things for transportation lawyers to consider when managing the legal risks associated with climate change and extreme weather events?
How has the rise of e-commerce influenced transportation regulations, particularly concerning last-mile delivery services?
What are some of the unique skills that are required when heading a legal department with a larger North American presence?
About the Guest:
Heather Devine is the Chief Legal Officer of TRAFFIX, which is a leading third-party logistics provider that has served the North American transportation industry since 1979.
In her role, Heather focuses on providing risk management counsel, both before and after the commencement of litigation. Her extensive litigation and risk management experience includes representing diverse clients in the transportation industry, including brokers, carriers, freight forwarders, shippers and manufacturers.
Prior to becoming the company’s CLO, Heather founded and led the Bay Street office for an international law firm, and previously she was an equity partner with one of the top international law firms in Canada — gaining recognition in both Lexpert and Best Lawyers. Heather is also the vice president of international of the IADC which is the International Association of Defense Counsel.
TRAFFIX Website
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On this episode, we learn about oil and gas law from Vivek Warrier – 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.
Full Episode (52:28) Download Transcript
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)
1. The Impact Assessment Actand Constitutionality of Designating Projects (13:32) Download
– Reference re Impact Assessment Act, 2023 SCC 23 – “Supreme Court of Canada finds the federal Impact Assessment Act unconstitutional”, Osler LLP, 13 Oct 2023
2. Federal Emissions Cap Framework (11:14) Download
– “Draft Oil and Gas Methane Regulations Amendments published in December 2023 to reduce emissions by 75 percent”, Environment and Climate Change Canada, 19 Dec 2023
3. Carbon Contracts for Difference (CCfDs) (10:36) Download
– “Deputy Prime Minister welcomes the Canada Growth Fund’s carbon contract for difference to generate more clean energy in Markham”, Deputy Prime Minister of Canada, 26 Jun 2024
4. Ask-Me-Anything: Oil and Gas Law (17:03) Download
What are some of the current/recent legal challenges facing major pipeline projects, like Trans Mountain?
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?
About the Guest:
Vivek Warrier is a partner in the Corporate Group of the Calgary office of Osler LLP.
His practice focuses on the energy value chain, from extraction or generation, transportation, and transmission to the marketing of energy products to end users. His practice also includes private M&A transactions, and he frequently advises clients in the structuring, ownership and operation of energy infrastructure projects. He has represented clients on transformative projects, including the development of liquefied natural gas export facilities, equity participation transactions between energy industry project proponents and First Nations, renewables energy partnerships and the development of linear infrastructure projects throughout Canada.
Vivek is the President of the Canadian Energy Law Foundation, serves on the executive of the ABA International Energy and Environmental Law Section and has taught Oil and Gas Contracts at the University of Calgary Faculty of Law. He is also extensively involved in the Calgary community, including as Co-Chair of the overall United Way of Calgary and Area campaign. and as past Chair of the Board of Directors of the Centre for Newcomers.
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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 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.
Full Episode (57:48) Download Transcript
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)
1. Quebec’s Bill 21 and Substantive Gender Equality (12:42) Download
– Cee Strauss, “Section 28’s Potential to Guarantee Substantive Gender Equality in Hak c Procureur général du Québec” (2021) 33:1 Canadian Journal of Women and the Law pp.85-115
– Ichrak Nourel Hak, et al. v. Attorney General of Québec, QCCA 2024
2. Saskatchewan’s Pronoun School Policy (12:39) Download
– “Pronoun case adjourned as province applies for leave to appeal judge’s decision allowing challenge”, CBC News, 26 Feb 2024 – Bill 137 – Parents’ Bill of Rights
3. Coercive Control as a Criminal Offence (13:56) Download
– Bill C-332 – An Act to amend the Criminal Code (coercive control of intimate partner)
– “These parents turned agony of losing daughters to intimate partner violence into missions to help others”, CBC News 23 Aug 2024
4. Ask-Me-Anything: Gender Equality Law (15:18) Download
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?
About the Guest:
Pam Hrick is the Executive Director & General Counsel at the Women’s Legal Education and Action Fund (LEAF).
In her role, she leads and manages LEAF’s legal activities and daily operations, and works with the Board to develop the vision and strategic plan for the organization. Pam joined LEAF from a boutique litigation firm and, prior to that, clerked for judges at the Federal Court of Appeal and the Supreme Court of Canada. • She also served as the Legislative Advisor and Issues Manager to the Attorney General of Ontario.
Pam has been an active volunteer in the legal community and broader community, including serving as the Chair of the Board of Management of The 519, a city organization that advocates for the inclusion of 2SLGBTQ+ communities.She has been recognized as a 2022 Lexpert Rising Star (Leading Lawyers Under 40) by Lexpert Magazine and a “Leader to Be Proud Of” by Start Proud.
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On this episode, we speak with startup lawyer, Mark Asfar, about the fast-paced legal issues involving startups and emerging growth companies. Topics: contracts & reasonable expectations for founders; AI in the startup space; representations and warranties insurance. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (54:29) Download Transcript
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)
1. Reasonable Expectations and Founder Agreements (12:23) Download
– Pereira v. TYLT Technologies Inc. (TYLTGO), 2023 ONCA 682
– “Reasonable or optimistic: Clarifying expectations when entering into vesting agreements”, Dentons ventureBeyond
2. Artificial Intelligence Growth in the Startup Space (14:13) Download
– “AI Funding Stays Strong Despite Few Billion-Dollar Rounds”, Crunchbase News, 29 Apr 2024
3. Representation and Warranties Insurance for M&A Deals (11:55) Download
– “Guide To M&A Representations And Warranties Insurance In Mergers And Acquisitions”, Forbes 14 Apr 2022
– “Market for M&A insurance to cover deals a product that is rapidly growing, says broker BMS Group”, Canadian Lawyer, 24 Aug 2021
4. Ask-Me-Anything: Startup Law (15:18) Download
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?
About the Guest:
Mark Asfar is an associate in Dentons’ Corporate and Venture Technology and Emerging Growth Companies groups in the Ottawa office.
His legal practice focuses on capital markets, mergers and acquisitions, corporate finance, corporate reorganizations, and corporate governance matters. Practically, Mark works with new startups looking to get set up and established, as well as more mature companies that are seeking to raise money from investors or to exit via acquisition. Prior to joining Dentons, Mark was in-house as general counsel at a professional engineering and architecture firm where he was responsible for advising the board of directors on corporate governance and shareholder transactions and oversaw the company’s commercial legal matters. And before that he got his start at a boutique business law firm in the Ottawa region where he was introduced to the world of startups while also working with traditional small and medium enterprises and emerging industry clients (cannabis and crypto).
When he’s not thinking about the law Mark enjoys exploring Ottawa with his wife and dog, or exploring his hobby of tinkering with technology, including building computers and mechanical keyboards (the latter being a pandemic pastime).
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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.
Full Episode (58:08) Download Transcript
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)
1. BC’s Bill 21 & the Independence of the Legal Profession (12:10) Download
– Bill 21 – 2024 – Legal Professions Act
– “Law society says B.C.’s plan for new regulatory body could undermine lawyers’ independence” (CBC News – Apr 15,2024)
2. Trauma-Informed Regulation (13:24) Download
– Susan Biggar, Martin Fletcher, Anna van der Gaag, and Zubin Austin, “Finding Space for Kindness: Public Protection and Health Professional Regulation,” International Journal for Quality in Health Care 34, no. 3 (2022)
3. The Value of Charter Values (12:47) Download
– Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31
4. Ask-Me-Anything: Professional Regulatory Law (19:01) Download
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?
About the Guest:
Rebecca Durcan is the Co-Managing Partner at Steinecke Maciura LeBlanc. Rebecca is an elected Bencher of the Law Society of Ontario. She attended Queen’s University to study history and obtained her law degree from the University of Windsor in 2000. In 2006, Rebecca completed her Masters in Health Law from Osgoode Hall. In 2016 Rebecca obtained her Certificate in Risk Management from the University of Toronto.
Rebecca acts as general counsel, prosecution counsel and independent legal counsel to several Ontario regulators. Her various roles, in addition to being an adjudicator at the Law Society Tribunal, allows Rebecca to bring an informed and nuanced perspective to regulatory issues.
In 2016, Rebecca co-authored the Annotated Statutory Powers Procedure Act with her partner Julie Maciura. In 2019, Rebecca also co-authored the text Prosecuting and Defending Professional Regulation Cases. Rebecca regularly speaks about regulatory issues at the Canadian Network of Agencies for Regulation (CNAR), Council on Licensure, Enforcement and Regulation (CLEAR), Ontario Bar Association, Advocates Society, and Continuing Legal Education of British Columbia. Rebecca is an Adjunct Professor at the University of Toronto Faculty of Law.
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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.
Full Episode (55:57) Download Transcript
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)
1. Ag Gag and Farm Activism (12:50) Download
– Animal Justice et al. v A.G of Ontario, 2024 ONSC 1753
– Bill 156, Security from Trespass and Protecting Food Safety Act, 2020
2. Retaliatory Litigation (11:26) Download
– “Thursday Thinkpiece: Suing for Silence : Sexual Violence and Defamation Law” (Slaw) Apr 4, 2024
3. A Return to Civility in the Profession (12:57) Download
– “What happened to the legacy of Nuremberg andthe liberal democratic values we fought theSecond World War to protect?”, Rosalie Abella, The Globe & Mail, Jun 1, 2024
4. Ask-Me-Anything: Social Justice Law (19:01) Download
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?
About the Guest:
Alexi Wood is the founding lawyer and partner at St. Lawrence Barristers where she represents clients at all levels of courts in Ontario, frequently appearing in the Divisional Court and the Court of Appeal, and she has appeared as counsel at the Supreme Court of Canada on numerous occasions. Her practice includes a wide range of commercial litigation, administrative and regulatory disputes, and professional regulation, both at trial and on appeals. She also acts for clients on tort matters,including issues related to health law, defamation, harassment and privacy including online harassment and non-consensual distribution of intimate images.
Alexi’s passion for social justice and commitment to pro bono work began prior to entering private practice when she was the National Security Project Director for the Canadian Civil Liberties Association. Alexi is proud to act, on a pro bono basis, for social justice and environmental organizations including the Canadian Civil Liberties Association and Sea Shepherd Conservation Society before various administrative bodies and courts, including the Supreme Court of Canada. Alexi Wood, St. Lawrence Barristers Toronto Ontario Canada In September 2016, Alexi was invited to be a faculty member in the Vital Voices Justice Institute in Mumbai, India, a training program for judges, police officers, prosecutors and NGO staff members who work in preventing human trafficking and domestic violence.
In 2014, she received the Precedent Setter Award for her work fighting for social justice. Alexi is a member of the Canadian and Ontario Bar Associations, and Ad Idem / Canadian Media Lawyers Association. Alexi is an Adjunct Professor at the University of Toronto Faculty of Law where she teaches in both the JD and LLM programs. She is also a co-chair of the University of Toronto Tribunal, a post she has held since the fall of 2019.
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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.
Full Episode (55:14) Download Transcript
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)
1. Workplace Culture (57:50) Download
– Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310
– Render v. ThyssenKrupp Elevator (Canada) Limited, 2019 ONSC 7460
2. Improper Workplace Investigations: A Cautionary Tale (12:50) Download
– Rutledge v Markhaven Inc., 2022 ONSC 3183
3. Duty of Care for Complainants (13:21) Download
– Mezikhovych v Kokosis, 2022 ONSC 6480
4. Ask-Me-Anything: Workplace Investigations Law (17:38) Download
? 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?
About the Guest:
Christine Thomlinson the co-founder of Rubin Thomlinson LLP and the Managing Director of RT Workplace Training Inc. With over 20 years of experience, she is a highly accomplished employment lawyer, one of the country’s foremost experts in workplace investigations, and a trusted advisor to senior human resource professionals.
Christine and her colleagues work across the country, and have conducted various high profile investigations/reviews in workplaces such as the CBC, the Canadian Olympic Committee and the Government of Newfoundland and Labrador. She is frequently called upon to conduct investigations and assessments/reviews, as well as to advise and/or consult on complex, high-stakes issues pertaining to involving complaints of workplace harassment and other misconduct. In addition to this, Christine and her team develop Rubin Thomlinson’s extensive training curriculum under RT Workplace Training Inc. (“RTWT”), enabling employers to conduct effective workplace investigations themselves under increasing regulatory scrutiny.
Christine Thomlinson can regularly be found on Lexpert’s Best Lawyers and Leading Practitioners lists in Canada, Lexpert’s Leading 500 Lawyers in Canada, and was awarded the Lexpert Zenith award for her contribution to diversity and inclusion in the legal profession. Ms. Thomlinson is renowned for her seminal work on employment law, including co-authoring such texts as For Better or For Worse: A Practical Guide to Canadian Employment as well as the definitive textbook Human Resources Guide to Workplace Investigations, now in its second edition.
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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.
Full Episode (55:14) Download Transcript
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)
1. Alberta’s Regulation of Psychedelic-Assisted Psychotherapy (12:59) Download
– “Alberta to be 1st province to regulate psychedelics for therapy, government says” (CBC News – Oct 5, 2022)
*– Order in Council 351/2022 – “Mental Health Services Protection Amendment Regulation” 2. Toth: Requesting Psychedelics for Professional Training (12:25)Download
– Toth v Canada (Health and Addictions),* 2023 FC 1283
3. Canada’s “Special Access Program” for Restricted Drugs (10:39) Download
– Regulations Amending Certain Regulations Relating to Restricted Drugs (Special Access Program): SOR/2021-271
4. Ask-Me-Anything: Psychedelics Law (16:14) Download
? 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?
About the Guest:
David Wood is a lawyer and patent agent, dividing his time between an inhouse position as General Counsel and Chief Legal Officer at Psygen Industries Ltd., and his private legal practice, R-Group Legal.
Psygen is a contract development and manufacturing organization focused on GMP manufacture of indolealkylamines, phenalkylamines and ergolines. Psygen is a licensed dealer authorized to manufacture LSD, MDMA, psilocybin, psilocin, DMT, 2-CB and mescaline. In both his inhouse role and through R-Group Legal, David provides intellectual property, regulatory and commercial advice. In addition to other clients in psychedelics and cannabis, R-Group Legal provides pro bono support to TheraPsil, a non-profit supporting patients and physicians in accessing psilocybin and advocating for psilocybin access. David holds a Ph.D. in biochemistry and a Bachelor of Laws degree from the University of Saskatchewan.
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This week, we’re speaking about the rules involving bitcoin, Ethereum and other digital assets featuring cryptocurrency lawyer, Sohaib Mohammed. Topics: the Code is Law defence, asset-freezing orders for cryptocurrencies and investor protection for crypto asset trading platforms This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (50:33) Download Transcript
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)
1. Medjedovic and the ‘Code is Law’ Defense (10:40) Download
– Cicada 137 LLC v. Medjedovic, 2021 ONSC 8581
2. Asset Freezing Orders for Cryptocurrencies (10:28)Download
– Li v. Barber, 2023 ONSC 1679
3. Enhancing Investor Protection for Crypto Asset Trading Platforms (12:12) Download
– CSA Staff Notice 21-332 Crypto Asset Trading Platforms: Pre-Registration Undertakings – Changes to Enhance Canadian Investor Protection
4. Ask-Me-Anything: Cryptocurrency Law (16:10) Download
? 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?
About the Guest:
Sohaib Mohammad is a lawyer, sole practitioner and founder of DeLawyer Professional Corporation based out of Ottawa, Ontario. He is passionate about blockchain technology and focuses his practice on litigation and solicitor services related to cryptocurrency, non-fungible tokens (NFTs), and decentralized autonomous organizations (DAOs). As a litigator, Sohaib acted for the Plaintiff, Taylan McRae-Yu, in launching an NFT-based class action at the Ontario Superior Court of Justice where he successfully obtained what appears to be the first Canadian Court Order allowing service of a Statement of Claim via an NFT airdrop into a Defendant’s cryptocurrency wallet. Prior to starting his sole practice, Sohaib worked briefly as a pharmaceutical patent litigator.
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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. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (57:12) Download Transcript
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 how 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)
1. Mental Illness and Medical Assistance in Dying (MAID) (13:50) Download – Bill C-39, An Act to amend An Act to amend the Criminal Code (medical assistance in dying)
– Legislative Background: Medical Assistance in Dying (Bill C-14)
2. Bill 7 – Transitioning Patients from Hospitals to Long-Term Care (13:58) Download
– Bill 7, More Beds, Better Care Act, 2022 – “Ontario could face Charter challenge over law forcing some elderly hospital patients into nursing homes” (Canadian Press – Nov 21, 2022)
3. Private Actors in the Healthcare Space (10:57) Download
– Bill 60, Your Health Act, 2023– “Ontario passes health-reform bill that expands private delivery of care” (Canadian Press – May 8, 2023)
– Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245
4. Ask-Me-Anything: Public Health Law (17:46) Download
?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?
About the Guest:
Jessica Szabo is a health law lawyer, practising at McIntyre Szabo, a boutique firm that she co-founded with a former colleague.
Prior to this, Jessica worked as Legal Counsel at Ontario Health, advising on a wide variety of corporate, policy and risk matters including digital, research, privacy, mental health and clinical issues. She has also worked in private practice at Borden Ladner Gervais and in-house at the Centre for Addiction and Mental Health. In law school, Jessica specialised in Human Rights Law and International Criminal Law. After graduating law school, Jessica worked at the International Criminal Court as a legal consultant on the successful appeal of Mr. Jean Pierre Bemba’s convictions.
Prior to law school, Jessica worked with female offenders detained in a secure forensic hospital in England while completing her Masters (MSc) in Forensic Mental Health. Jessica then worked with hospitals in England to improve outcomes and promote better-integrated care for people with mental health needs.
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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.
Full Episode (55:30) Download Transcript
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)
1. Clamping Down on Critical Mineral Investments (12:39) Download
– Regarding Foreign Investments from State-Owned Enterprises in Critical Minerals under the Investment Canada Act (Innovation, Science and Economic Development Canada)
– Critical Minerals Centre of Excellence (Innovation, Science and Economic Development Canada)
2. Bill C-34 – The National Security Review of Investments Modernization Act (12:35) Download
– Bill C-34 – The National Security Review of Investments Modernization Act – “Significant national security amendments coming to the Investment Canada Act – The National Security Review of Investments Modernization Act” (Torys – Dec 14, 2023)
3. Voluntary Notifications (11:47) Download
– Regulations Amending the National Security Review of Investments Regulations: SOR/2022-124 Canada Gazette, Part II, Volume 156, Number 13 – “Foreign investors can now notify voluntarily under Investment Canada Act national security regulations” (Torys – Aug 4, 2022)
4. Ask-Me-Anything: Foreign Investment Law (18:30) Download
? 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?
About the Guest:
Dany Assaf is co-chair of the Competition and Foreign Investment Review Practice at Torys LLP where he advises international and domestic clients on all aspects of competition law and foreign investment matters, including in the area of national security reviews.
Dany is a globally recognized lawyer with deep and broad international business experience and has worked on some of the largest and most complex global and Canadian mergers and investigations over the last 25 years. Dany’s international business experience includes opening the first offices for a major Canadian law firm in the United Arab Emirates and Qatar. Dany also serves on the boards of Unity Health, the Canadian Race Relations Foundation, and Canada’s Sports Hall of Fame. Dany has also been involved in many community initiatives and projects over the years including being President of the Canadian Club of Toronto and an advocate for the No Fly List Kids project to name a few.
Dany is the author of an Amazon-best seller book called “Say Please and Thank You & Stand in Line: One man’s story of what makes Canada special, and how to keep it that way”. He is also the co-author of the recently published book called ‘Everybody’s Business: How to Ensure Canadian Prosperity through the 21st Century’ which draws on interviews with over 100 thought leaders, politicians, CEOs, union leaders to craft a new way of thinking about our national opportunities.
Dany’s Full Bio
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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.
Episode Preview (1:14:12): Download
Read the Episode Transcript: Transcript
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?
Resources Cited in the Podcast Episode
- LSO CPD Eligible Activities
- Aaron Baer: 4l Academy, Build Your Book and Authentic Lawyer Summit
- “EQ Over IQ: Building Emotional Intelligence“, Dina Eisenberg and Darlene Tonelli (Apr 2020)
- 2022 LawPro Annual Report (Causes of Loss, pg 9)
- “The Litigator and Mental Health“, Chief Justice George R. Strathy’s (May 4, 2022)
- “Wait, What?: And Life’s Other Essential Questions“, James E. Ryan
Additional Resources
- “Emotionally Intelligent Lawyers“, Esperanza Franco
- “The Flourishing Lawyer“, Heidi K. Brown
- Daniel Goleman Blog
- “Information about the E!-i 2.0“, The Emotional Intelligence Training Company
- “Emotional Intelligence: the essential skill for the workplace and life“, Mahwash Khan (LawPro), Oct 15, 2020
- “Emotional Intelligence and Lawyers – an Old New Frontier“, Gina Alexandris (Law Practice Today), Oct 12, 2028,
- “Emotional Intelligence for Lawyers with Gina Alexandris“, The Joyful Practice for Women Lawyers, Oct 26, 2022
About the Guest:
Gina Alexandris is a Certified Professional Co-Active Coach (CPCC), educator and former lawyer whose mission it is to help individuals and organizations lead and perform at their peak, in a respectful, engaged and authentic manner.For over 20 years, she has been inspiring and supporting individuals and organizations to define their hopes and achieve their goals. Gina is passionate about personal and professional success and development; leadership; equity, diversity and inclusion; and supporting new and senior professionals alike to create strong and lasting networks and strategies to support career growth and transitions.Over the years, within her own coaching practice and through her formal roles, Gina has supported thousands of students, lawyers at various stages and professionals in other industries in their journey of transformation and development. Gina is currently a Certified Career Coach and Professional Development Consultant. Previous to this, she was a Senior Director, Law Practice Program, and Special Advisor, Law School at Toronto Metropolitan (formerly Ryerson) University. She was the Director of Strategic Planning with the Legal Services Division at the Ministry of the Attorney General; Director of the Internationally Trained Lawyers Program at the University of Toronto Faculty of Law; and Assistant Dean and Director of Career Services at Osgoode Hall Law School.
Gina graduated from Osgoode Hall Law School, holds a Master of Education in Adult Education from OISE and a Certificate of Completion for the Art and Practice of Leadership Development Program at the Harvard Kennedy School. In 2017, Gina completed the Coaching Program from the international Co-Active Training Institute (CTI).
Gina Alexandris Coaching and Consulting
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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. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (51:40) Download Transcript
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)
1. “Super-Priorities” and the Pension Protection Act (Bill C-228) (12:28) Download
– Pension Protection Act
– “Bill C-228: Death Knell for Private Sector Defined Benefit Pension Plans?” (Fasken – Dec 13, 2022)
2. Fiduciary Duties of Pension Plan Trustees (14:17) Download
– Larkin v. Johnson, 2023 BCCA 116
3. Correcting for Pension Over- and Under-Contributions (11:06) Download
– “Income Tax Act and Other Acts and Regulations and Explanatory Notes”, February 2022 – Budget Implementation Act, 2023, No. 1. – Income Tax Regulations
4. Ask-Me-Anything: Pensions Law (14:32) Download
? 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?
About the Guest:
Ross Gascho is a partner at Fasken, and head of the firm’s pensions and employee benefits practice.
He advises clients on all aspects of the implementation, administration, funding, communication, investment, governance and wind-up of pension, group benefit and profit-sharing plans. Working with administrators, financial institutions, plan sponsors and trustees, Ross advises on issues in federally and provincially regulated defined benefit and defined contribution plans across the private and public sectors, for both union and non-union employees.
Ross frequently assists employers who are redesigning their broad-based plans, both registered and unregistered, to better fit their business objectives. He also advises clients on pension and benefit issues in corporate transactions. Mr. Gascho is a member of numerous legal and pension organizations, including the National Policy Committee of the Association of Canadian Pension Management. He previously sat on advisory committees for federal and provincial pension regulators.
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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 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (57:35) Download Transcript
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?
1. Bill C-48 – Reversing the Onus in Bail Matters (14:51) Download
– Bill C-48 – An Act to amend the Criminal Code (bail reform)
– “Federal government proposes stricter bail system in new bill” (CBC News, May 17, 2023)
2. Excessive Delays in Bail Hearings (13:40) Download
– R. v. Simonelli, 2019 ONCJ 927
– “GTA robbery case tossed over 17-day wait for bail hearing; lawyers warn of “ripple effect’ “, (Toronto Star, Jun 28, 2023)
3. The Ladder Principle – CaseLaw Post-Antic (12:35) Download
– R. v. Antic, 2017 SCC 27 – R. v. Myers, 2019 SCC 18 – R. v. Zora, 2020 SCC 14
4. Ask-Me-Anything: Bail Law (19:00) Download
? How does the bail system in America compare to that in Canada?
? Many critics have maintained that Canada’s bail system is “broken”. Is this an accurate statement and, if so, how can it be fixed?
? 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?
About the Guest:
Trevin David is a criminal defence lawyer and a partner with Daniel Brown Law in Toronto.
He runs a trial-focused criminal defence practice in the Ontario Court of Justice and Superior Court of Justice throughout Ontario. The majority of his practice is focused on representing people charged with sexual offences and other serious indictable offences. He is a member of the Law Society of Ontario and the Criminal Lawyer’s Association.
Trevin has guest lectured at Queen’s University Law School and Toronto Metropolitan University, and also presented at legal conferences hosted by the Law Society of Ontario, Criminal Lawyers Association, and the Ontario Crown Attorneys Association. Trevin. He is also frequently asked by journalists to provide commentary on issues in the justice system appearing on CTV Your Morning, CBC Metro Morning, CP24 and the Toronto Star.
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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.
Full Episode (56:50) Download Transcript
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 this area of brand protection law and what keeps you still engaged? (50:19)
1. Bill 96 and New French Language Requirements (11:57) Download
– Bill 96 – An Act respecting French, the official and common language of Québec
– “What’s in Quebec’s new law to protect the French language?” (CBC News, May 21, 2022)
2. Bad Faith Registrations (12:32) Download
– Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319
– Cheung’s Bakery Products Ltd. v. Easywin Ltd., 2023 FC 190
3. Copyright Law and Artificial Intelligence Derivative Artworks (14:02) Download
– “Can an artist sue an AI over copyright infringement?” (Oct 12, 2018)
4. Ask-Me-Anything: Brand Protection Law (17:01) Download
About the Guest:
May Cheng is a lawyer with Dipchand LLP and is a Certified Specialist in Intellectual Property (IP) Law (Trademark/Copyright).
She has 25 years of experience in advising clients on all aspects of IP protection and enforcement, with a focus on brand protection and enforcement, which includes everything from clearance, prosecution and licensing to litigation. She is regularly involved in a wide variety of IP infringement cases and complex licensing deals. She has developed a specialty practice in anti-counterfeiting for luxury brands, in addition to international portfolio management, licensing and commercial IP work.
May is a contributing author to numerous texts relating to IP cases and legislative changes. In addition to ranking as one of the Top 250 Women in IP, May has received numerous impressive awards, including the OBA Award of Excellence in the Promotion of Women’s Equality as well as the Lifetime Achievement Award by the Ontario Chapter of the Federation of Asian Canadian Lawyers
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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.
This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (56:56) Download Transcript
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)
1. Indigenous Self-Government and the Role of the Charter (15:11) Download
– Cindy Dickson v. Vuntut Gwitchin First Nation, 2022 CanLII 32895 (SCC)
– Dickson v. Vuntut Gwitchin First Nation, 2021 YKCA 5
– Dickson v. Vuntut Gwitchin First Nation, 2021 YKCA 5
2. DRIPA and the “Free Entry” Mineral Tenure System (12:37) Download
– “Indigenous Leaders Support Gitxaała’s Legal Challenge of ‘Archaic’ Mineral Tenure Regime, Coastal First Nations” (Apr 11, 2023)
– “Environmental Organizations Apply to Intervene in Gitxaała Nation’s Legal Case Against Unwanted Mining, BC Mining Law Reform Network” (Dec 15, 2022)
3. Contemporary Reconciliation Agreements (13:24) Download
– “Haida Nation, B.C. step toward reconciliation”, Province of British Columbia (May 9, 2023)
4. Ask-Me-Anything: Indigenous Law (16:05) Download
About the Guest:
Jeff Nicholls is an associate at Ratcliff LLP, which has a 70-year history of advocacy and support of First Nations in British Columbia, Yukon, and beyond.
Jeff’s practice focuses on litigation, negotiation and law & policy development. Jeff advises First Nations governments on various matters, including: Land and resource issues; Aboriginal rights and title; and governance issues.
Jeff has a particular focus and interest in supporting the development and implementation of indigenous legal traditions.
In addition to being a proud member of the (lack cwah lams) Lax Kw’alaams First Nation, Jeff is also is the President of RAVEN Trust which is a charitable non-profit organization that provides financial resources to assist First Nations in exercising their legal rights in court.
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For our Season 8 finale, 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.
On this episode, we chat about insurance law with Dennis Ong, Aviva trial lawyer and Deputy Judge of the Small Claims CourtTopics: the meaning of physical damage, delays and civil juries; third-party litigation funding; and our Ask-Me-Anything segment.
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.
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.
This week, we’re speaking with Susan Kushneryk about some of the most high-profile issues in the area of corporate governance. Topics: Rogers Communications and other family-run corporate disputes; diversity on corporate boards; shareholder democracy; and our Ask-Me-Anything Segment.
In this bonus episode, we're chatting with lawyer-turned-coach, Paul Karvanis, about his research findings about lawyer happiness.We explore trends that distinguish happy from miserable lawyers, and also explore a draft model for lawyer happiness. In the bonus segment, Paul conducts a coaching session with me about time management and more!
This week, we’re speaking with Isaac Tang about housing, development and other issues related to the area of planning law. Topics: affordable housing and inclusionary zoning; Minister's Zoning Orders (MZOs); heritage planning considerations; and our Ask-Me-Anything Segment.
On this episode, we're tackling the area of divorce law with leading practitioner, Steve Benmor!Topics: the new Divorce Act; the civil tort of family violence; retroactive child support payments; and our Ask-Me-Anything Segment.
This week, we sit down with Internet law expert, Maanit Zemel, to chat about some of the most noteworthy topics in social media law.Topics: the new tort of online harassment; the right to be forgotten; CASL constitutionality; and our Ask-Me-Anything Segment
On this episode, we chat with civil/regulatory lawyer Brooke MacKenzie about the tricky issues of legal ethics and professional conduct.Topics: duty of technological competence; conflict issues in multi-national law firms; lawyers' duty of confidentiality re their spouses; and our Ask-Me-Anything Segment
It's our season 8 premiere, and we're chatting about freedom of expression issues with Abbas Kassam, from the Ryerson Centre for Free Expression!Topics: Toronto's council reconfiguration, Quebec comedy at the SCC, anti-SLAPP motions and more.
In this bonus episode, we're having a timely and candid conversation about mental health in the legal profession, featuring psychotherapist, clinician and former lawyer, Doron Gold. This discussion features a thoughtful look at the spectrum of mental health issues with practical solutions as well.
We're closing out Season 7 by speaking about internet law, with renowned legal expert and thinker, Michael Geist.Topics: Bill C-10 and Internet regulation; proposals to combat online harm; site-blocking orders; and more.
This week, we're exploring the area of environmental, social and governance law (aka ESG Law), with business lawyer and corporate ethics expert, Amee Sandhu.
Topics: corporate liability for climate change; cracking down on modern slavery; benefit companies, and more!
This week, we’re speaking about sentencing law, with Jonathan Rudin, the program director of Aboriginal Legal Services.Topics: removing restrictions on conditional sentences (Sharma), parole eligibility for murder offences (Bissonnette), community impact statements and more!
This week, we’re speaking with tenancy lawyer, Lisa Mackie, about the legal issues involved within the landlord-tenant dynamic!
Topics: tenant smoking & human rights; landlord privacy obligations & COVID-19; terminating tenancies due to household violence; and our Ask-Me-Anything segment.
On this week's show, we’re speaking about wills and estates law with estates litigator, Ziad Yehia!Topics: digital assets via testamentary transfer; estate trustees during litigation; succession planning and the law
In our latest bonus episode of Lawyered Unplugged, we're speaking with Avi Weiss (founder of Counselwell and lawyer at Coinsquare) about the lifestyle of the in-house counsel. In addition to tips for in-house counsel, this episode takes a deep-dive into personal branding, imposter syndrome and more!
On this week's episode, we’re speaking about expropriation lawyer Abbey Sinclair about the rules involving government takings of private lands.
Topics: Ontario's Transit-Oriented development framework; changes to the structured negotiation process; and settlement offers versus costs awards.
This week, we’re speaking about workplace compensation law with Michelle Alton, general counsel at the Ontario’s Workplace Safety and Insurance Appeals Tribunal.Topics: COVID-19 and workplace benefits; a new employer rate framework and mental stress claims in the workplace
On this episode, we're chatting about data protection law with Kris Klein, renowned privacy lawyer and the Canadian Managing Director of the International Association of Privacy Professionals.
Topics: Bill C-11 (the biggest privacy legislation overhaul in decades); facial recognition technology; the Facebook-Cambridge Analytica scandal and our Ask-Me-Anything segment.