Disputed: Recent Episodes
Norton Rose Fulbright
Join us as we interview lawyers and industry leaders from key sectors, questioning the trends, issues and opportunities across Canada’s evolving legal landscape. Conversations will bring both a global perspective and a litigator's instinct for issue spotting to keep your business risk-ready.
Complying with a court order is a serious undertaking. Do it wrong and you may find yourself facing contempt of court.
In this episode, hosts Ted Brook and Erin Brown unpack an intriguing case involving a rare finding of contempt against an Ontario regulator. Joining them in the conversation are guests Chris Muir, a litigation partner in the Toronto office, and David Litwin, Senior Counsel at the Retirement Homes Regulatory Authority. Together, they take a detailed look at the case, the key players and the contested conduct that triggered the contempt motion, breaking down the legal standard for civil contempt and debating whether the circumstances of this case warranted the severe result. Finally, they share broader takeaways for regulatory lawyers and regulators, including the importance of clarity in court orders, consistency in regulatory decision-making, and strategies for avoiding worst-case scenarios such as a contempt proceeding.
This episode is accredited 0.67 substantive hours in Ontario, 0.67 substantive hours in British Columbia.
Guests:
- Chris Muir
- David Litwin
Tariffs are a polarizing topic in today’s economic landscape. In this episode, host Erin Brown takes on the role of guest alongside Martin Masse, Senior Partner at Norton Rose Fulbright’s Ottawa office, as they join Ted to dive deep into the world of tariffs and trade disputes. Together, they demystify tariffs—explaining how they function and why they matter.
In this conversation, Erin and Martin provide the historical context around Canada-US trade relations and share how imported goods are classified, and how tariffs are calculated and applied to goods. With businesses facing financial and contractual risks in the year ahead, Erin and Martin highlight the importance of reviewing supply agreements, updating legal clauses, and reassessing trade strategies to mitigate the impact of tariffs. Beyond individual business concerns, the conversation broadens to the larger economic implications—including the push for trade diversification and the evolving role of inter-provincial trade within Canada. Finally, Erin and Martin share practical steps businesses can take to navigate trade uncertainty and prepare for the future.
This episode is accredited 0.58substantive hours in Ontario and 0.58substantive hours in British Columbia.
Guests:
- Martin Masse
It’s that exciting time of year again, the release of the Norton Rose Fulbright Annual Litigation Trends Survey! Join hosts Ted and Erin as they dive into this year’s findings and what they mean for corporate counsel in 2025. In this episode, they break down some of the most pressing issues uncovered in the survey, including greenwashing risks, evolving cybersecurity regulations, and shifts in class action litigation. Helping to unpack these insights are three guests each bringing their expertise to the discussion.
Ray Chartier, Senior Partner in the Calgary office and Canadian Co-Head of Responsible Business & Sustainability, examines the growing risks of greenwashing and its impact on Canadian and U.S. markets. John Cassell, Partner in the Calgary office and Canadian Co-Head of Cybersecurity & Data Privacy, explores how the survey reflects major legislative changes ahead for cybersecurity law in Canada. Finally, François-David Paré, Partner in the Montreal office and Co-Chair of the National Class Actions Team, highlights the increasing focus on consumer protection class actions, a key concern in this year’s findings.
For more information on our Litigation Trends Survey and access to the 2025 summit recording, visit our 2025 Annual Litigation Trends Survey webpage here.
This episode is accredited 0.5 substantive hours in Ontario, and 0.5 substantive hours in British Columbia.
Guests:
- François-David Paré
- John Cassell
- Ray Chartier
How much deference do the courts owe regulators? Should courts review regulations differently than other forms of administrative action? In a landmark pair of rulings released late last year, the Supreme Court of Canada clarified the standard of review for challenging regulations in Canada. The SCC’s new guidance in Auer and TransAltais already impacting businesses in industries and sectors across the country. In this episode of Disputed, Ted and Erin take a deep dive into the SCC’s twin decisions in order to uncover the key takeaways for regulators and regulated businesses in this new legal landscape.
To help guide them through the nuances of Auer and TransAlta, and the cases leading up to them, Ted and Erin are joined by Jean-Simon Schoenholz and Christopher Guerreiro of our firm’s Public Strategy Group – two lawyers with considerable experience litigating these questions. Jean-Simon is a partner based in Ottawa whose practice focuses on public law, appellate advocacy and commercial litigation. Chris is Of Counsel with the firm, based in Toronto. His practice focuses on high-stakes litigation with an emphasis on cases involving intellectual property, administrative law, life sciences and high-technology industries.
This episode is accredited 0.82 substantive hours in Ontario and 0.82 substantive hours in British Columbia.
Guests:
- Jean-Simon Schoenholz
- Chris Guerreiro
Understanding what can lead to post-closing disputes is crucial as no one likes to see a deal go sour after months of hard work. In this episode of Disputed, hosts Ted Brook and Erin Brown dive into the complexities of post-closing disputes, uncovering how and why deals can go awry even after months of preparation.
Joining them are Vanessa Grant, a senior partner and M&A lawyer from our Toronto office, and Andrea Brewer, a corporate and commercial law expert with a focus on public mergers and acquisitions. Together, they examine the most common sources of disputes and critical areas to address to minimize the risk of litigation, including tax due diligence, earnout provisions, and other key considerations. This episode provides valuable insights into safeguarding the deal lifecycle and ensuring a seamless post-closing process.
This episode is accredited to 0.5 substantive hours in Ontario and 0.5 substantive hours in British Columbia.
Guests:
- Vanessa Grant
- Andrea Brewer
Hosts Ted Brook and Erin Brown are joined by fellow partners, Maya Angenot, from Norton Rose Fulbright’s Montreal office, and Jeremy Devereux, from Norton Rose Fulbright’s Toronto office, to discuss the intricacies of class actions in Canada.
In addition to comparing and contrasting how these types of cases differ between Ontario and Quebec, this episode takes a closer look at the burgeoning trend of employment class actions, Ontario's amendments to its Class Proceedings Act, the rise of privacy breach class actions in Quebec, and the emerging challenge of fraudulent claims in settlement processes.
This episode is accredited 0.75 substantive hours in Ontario, 0.75 substantive hours in British Columbia and 0.75 substantive hours in Quebec.
Guests:
- Maya Angenot - Partner, Montreal (12:34, 47:02)
- Jeremy Devereux - Partner, Toronto (34:20)
What makes a great litigator? When it comes to mastering the art of litigation, some lessons are best learned outside the classroom.
In this episode of Disputed, hosts Ted Brook and Erin Brown go back to school and delve into what it takes to become a successful litigator, drawing from the experience of 11 seasoned professionals across all six of Norton Rose Fulbright's Canadian offices.
They’ll discuss how preparedness, above all else, is a major key to success, gain insights into how far to push a witness, talk about dealing with clients, and reflect on hard lessons learned early on by some of our top litigators. From unexpected twists in trials, to the evolving dynamics between junior and senior litigators, this episode is all about the lessons that litigators learn that allow them to turn courtroom challenges into victories.
This episode is accredited 0.92 substantive hours in Ontario and 0.92 substantive hours in British Columbia.
Guests:
- Dan Bennett - Partner, Vancouver (12:34, 47:02)
- Jenna Anne de Jong - Partner, Ottawa (34:20)
- Steven Leitl - Senior Partner, Calgary (10:08)
- Kaitlin Long - Partner, Calgary (17:49)
- Jamie Macdonald - Partner, Ottawa (37:32)
- Sarah McCalla - Partner, Vancouver (15:13)
- Kelly Moffet-Burima - Partner, Calgary (27:14)
- Élif Oral - Of Counsel, Quebec City (3:03)
- Orestes Pasparakis - Partner, Toronto (22:26)
- Frédéric Plamondon - Partner, Montreal (44:01)
- David Yi - Partner, Toronto (6:07)
Transformative changes to the Competition Act are coming down the pipe. How will they affect the competition disputes landscape?
To kick off season 5 of Disputed, hosts Ted Brook and Erin Brown sit down to discuss the changes with guests Chris Hersh, Partner and Canadian Head of Antitrust and Competition based in Toronto, and Eric Lefebvre, Partner and litigator based in Montreal.
In addition to the changes to the Competition Act, this episode covers the current status of bills C-59 and C-56 and their compounding effects on the potential for expanded competition litigation; environmental performance claims; and why there’s still so much uncertainty in this area. Ted, Erin, Chris and Eric discuss why the changes could result in a significant uptick in litigation on competition issues, particularly where NGOs are eager to bring complaints.
This episode is accredited 0.75 substantive hours in Ontario and 0.75 substantive hours in British Columbia.
Disputed is back for another season, continuing to bring you an inside look on the trends, issues and developments across Canada’s evolving legal landscape through a litigator’s lens, and how to prepare for them.
Fresh from our special miniseries, Undisputed: Litigation Trends Explored, our hosts Ted Brook, Partner, and Erin Brown, Senior Associate at Norton Rose Fulbright are here to bring you comprehensive coverage of emerging trends in Canadian law and answer the burning questions on the minds of Canada’s legal industry.
Subscribe now to get the latest insights.
What lies ahead for governance disputes in Canada? According to our 2024 Annual Litigation Trends Survey, the anticipated key contributors over the next 12 months are:
- Board composition
- Executive compensation
- Conflicts of interest
- Issues with proxy statements
In the fourth and final episode of our miniseries, hosts Ted Brook and Erin Brown discuss the unique practice of special situations along with Evelyn Li and Fahad Siddiqui. Both Evelyn and Fahad are Partners of Norton Rose Fulbright’s Special Situations team, which has played a leading role in Canada's most high profile shareholder activist and defense mandates across the country.
During the episode, they explore the dynamic, rapidly evolving world of complex M&A, shareholder activism and corporate governance litigation, including current key focus areas for the practice in Canada, from internal investigations, to engagement with securities and regulators, and much more.
Download the full 2024 Annual Litigation Trends Survey at:2024 Annual Litigation Trends Survey
This episode is accredited 0.75 substantive hours in Ontario, 0.75 substantive hours in British Columbia and 0.75 substantive hours in Quebec.
As regulatory requirements around climate and other Environmental Social and Governance (ESG) disclosures take shape and anti-ESG sentiment grows, organizations are increasingly finding themselves navigating a complex risk landscape.
From our survey:
• Issues surrounding board governance, executive compensation, conflict of interest and proxy battles have been flagged by 50% of Canadian survey respondents as something to pay attention to in 2024
• One in 10 respondents experienced ESG-related litigation last year (compared to just two percent in 2022) – a development we anticipated in our 2023 report.
• 38% of organizations are also concerned about future ESG class actions as issues such as greenwashing, diversity policies and regulatory compliance go under the microscope.
In episode three of our miniseries, hosts Ted Brook and Erin Brown draw on the expertise of Alison Babbitt, Partner, Canadian Co-Head of Responsible Business and Sustainability, and Heidi Reinhart, Partner. Together, they explore the discourse around ESG litigation risk as new regulations and policies come to the forefront. We’ll learn how various industries are impacted and why a strong base of corporate governance, transparency, and consistency can set businesses up for success.
Download the full Litigation Trends Survey at 2024 Annual Litigation Trends Survey.
This episode is accredited 0.62 substantive hours in Ontario and 0.5 substantive hours in British Columbia.
Our digital world is creating more data than ever before.
And according to findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey, as data volumes grow exponentially, so do cybersecurity and data privacy concerns.
From our survey:
•40% of organizations saw their cybersecurity dispute exposure grow in 2023 – more than any other area – as cyberattacks reached record levels and the patchwork of data protection regulations grew in complexity.
•Cybersecurity, data protection and data privacy also top the list of litigation concerns in the year ahead amid the challenges posed by data management and AI.
In episode two of our miniseries, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, are joined by the Canadian Co-Heads of Cybersecurity and data privacy at Norton Rose Fulbright: Imran Ahmad and John Cassell. Together, they dissect the nuances of cybersecurity, data privacy and emerging policies around AI as the dramatic growth of generative AI tools like ChatGPT outpaces existing legal frameworks. Now more than ever, organizations need to remain proactive in order to mitigate risks and take advantage of future opportunities.
Download the full 2024 Annual Litigation Trends Survey at 2024 Annual Litigation Trends Survey.
This episode is accredited 0.62 substantive hours in Ontario and 0.5 substantive hours in British Columbia.
What’s top of mind for litigation and disputes lawyers? Increased regulatory proceedings, rising class actions, and ever-growing concerns around ESG remain a priority for general counsel and in-house litigation leaders across Canada according to the Canadian findings from Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey.
So, what does this mean for the future of litigation in 2024?
Our first episode of Undisputed, hosts Ted Brook, Partner, and Erin Brown, Senior Associate, dive into the survey insights and how to prepare for the challenges ahead, with François-David Paré - Partner,Canadian National Chair, Litigation and Disputes.
Download the full 2024 Annual Litigation Trends Survey at: 2024 Annual Litigation Trends Survey
This episode is accredited 0.5 substantive hours in Ontario and 0.5 substantive hours in British Columbia.
Our brand-new hosts Ted Brook, Partner, and Erin Brown, Senior Associate at Norton Rose Fulbright are excited to bring you a special four episode miniseries that unpacks the findings from our 2024 Annual Litigation Trends Survey.
Undisputed: Litigation Trends Explored will share valuable insights around trending topics like ESG, cybersecurity, regulatory investigations and more, through candid conversations with subject matter experts and industry leaders.
Subscribe now to learn what’s impacting the legal landscape, and stay tuned for more episodes of Disputed, returning in Spring 2024.
Download the full 2024 Annual Litigation Trends Survey at litigationtrends.com.
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
.
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.
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.
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.
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.
CPD credits: This episode is accredited for 0.6 Substantive hours in Ontario and 0.6 Substantive hours in British Columbia.
Sanctions compliance is increasingly complex: events in the past 12 months have triggered rapid developments in sanctions regimes in Canada and across the globe. When there is little guidance from Global Affairs Canada (GAC), how can businesses navigate the patchwork of statutes and regulations? What should Canadians do if a counterparty becomes the subject of economic sanctions? And how can you reduce your sanctions risk profile?
In this episode, we are joined by Stephen Nattrass and welcome back Alison FitzGerald who share their insights on what all these changes mean for Canadians. Stephen is a partner in our Ottawa office and head of the regulations and investigations team in Canada. Stephen’s practice focuses on a variety of international trade, regulatory and economic sanctions matters. Alison is a partner in our Ottawa office whose practice focuses on international trade, investment and international arbitration.
CPD credits: This episode is accredited for 0.5 Substantive hours in Ontario and 0.5 Substantive hours in British Columbia.
We surveyed 437 in-house counsel across Canada and the US on their 2022 disputes experiences and expectations for 2023. The results? Greater regulatory scrutiny, increased hacker sophistication and a spotlight on employment and labour issues as workers return to the office in this post-COVID world, along with some interesting differences between Canada and the US. Joining us to share their insights are Jennifer Teskey and Sandeep Savla. Jennifer, based in Toronto, is our national chair of litigation and disputes, and Canadian head of financial institutions. Sandeep, based in New York, is the co-head of regulatory, investigations, securities and compliance in our US firm.
CPD credits: This episode is accredited for 0.68 Substantive hours in Ontario and 0.68 Substantive hours in British Columbia.
Season 3 of Disputed starts with a look at Canada’s remediation agreement regime. In 2022, Canada saw its first court-approved remediation agreement under the “new” 2018 Criminal Code provisions – R c. SNC-Lavalin. Our guests, François Fontaine and Charles-Antoine Peladeau, negotiated that agreement and give us their insight into the practicalities of navigating this regime: what are the options for companies who suspect financial misconduct? How similar is Canada’s regime to the UK and US deferred prosecution systems? And with the RCMP now publicly encouraging companies to self-disclose, will we see more invitations to negotiate? François Fontaine is a senior litigation partner in our Montréal office who advises on cases involving corruption, corporate misconduct and white collar crime. Charles-Antoine Péladeau is of counsel in our Montréal office. His litigation practice involves internal investigations and advising clients on compliance.
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.
This episode qualifies for 40 minutes of Professionalism credit in Ontario and 40 minutes 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.
This episode qualifies for 40 minutes of Professionalism credit in Ontario and 40 minutes 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.
This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD 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.
This episode qualifies for 30 minutes of CPD credit in Ontario and 30 minutes of CPD 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 pipe.
This episode qualifies for 45 minutes of CPD credit in Ontario and 45 minutes of CPD 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.
This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD 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.
This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD credit in British Columbia.
Part two of our double episode on Modern Slavery laws looks at what Canada is doing. 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.
This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD 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.
This episode qualifies for 45 minutes of CPD credit in Ontario and 45 minutes of CPD 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.
This episode qualifies for 25 minutes of CPD credit in Ontario and 25 minutes of CPD 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.
Special note: if you’re enjoying Disputed, vote for Ailsa Bloomer in the Changemakers category for the Canadian Lawyer Magazine’s Top 25 Most Influential Lawyers of 2022 award:
https://www.canadianlawyermag.com/news/general/voting-is-now-open-for-canadian-lawyers-top-25-most-influential-lawyers/365924
This episode qualifies for 40 minutes of CPD credit in Ontario and 40 minutes of CPD 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: https://www.youtube.com/watch?app=desktop&v=pHRaG8uu1iY
Litigating Artificial Intelligence | Emond Publishing: https://emond.ca/Store/Books/Litigating-Artificial-Intelligence?r=%2FDivision%2FLegal-Practice%3Ftype%3D%26program%3D%26subject%3D%26metadata%3D2.
Copyright protection for AI-created work? | Canada | Global law firm | Norton Rose Fulbright: https://www.nortonrosefulbright.com/en-ca/knowledge/publications/68947aaf/copyright-protection-for-ai-created-work
Leading Legal Disruption: Artificial Intelligence And A Toolkit For Lawyers And The Law, softbound book | Thomson Reuters: https://store.thomsonreuters.ca/en-ca/products/leading-legal-disruption-artificial-intelligence-and-a-toolkit-for-lawyers--42875035
This episode qualifies for 30 minutes of CPD credit in Ontario and 30 minutes of CPD 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. https://www.nortonrosefulbright.com/en-ca/knowledge/publications/65717953/no-duty-of-care-owed-to-farmers-arising-from-mad-cow-crisis
This episode qualifies for 35 minutes of CPD credit in Ontario and 30 minutes of CPD 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.
https://www.nortonrosefulbright.com/en/knowledge/publications/2eb4cfc3/return-to-the-workplace
This episode qualifies for 45 minutes of CPD credit in Ontario and 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 Bloomer and Andrew McCoomb welcome our first industry guest to the podcast: 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. https://www.nortonrosefulbright.com/en-ca/knowledge/publications/5507aa9a/the-reverse-vesting-order-is-here-to-stay
https://www.nortonrosefulbright.com/en/knowledge/publications/6fc915d1/authority-to-bar-a-creditor
This episode qualifies for 39 minutes of CPD credit in Ontario and 40 minutes of CPD 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 Bloomer 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. https://www.nortonrosefulbright.com/en/knowledge/publications/3bf55c3f/blockchain-law-out-to-sea-extraterritoriality-challenges-in-us-crypto-litigation
This episode qualifies for 40 minutes of CPD credit in Ontario and 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 Bloomer 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: https://www.nortonrosefulbright.com/en/knowledge/publications/98af2cbc/cop26-blog
This episode qualifies for 45 minutes of CPD credit in Ontario and 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 & 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 Bloomer 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: https://www.nortonrosefulbright.com/en-ca/knowledge/publications/de85de1f/climate-change-and-sustainability-disputes
This episode qualifies for 45 minutes of CPD credit in Ontario and 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 Bloomer 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 can companies 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.
This episode qualifies for 20 minutes of CPD credit in Ontario and 30 minutes 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 Bloomer 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. This episode qualifies for 0.5 hours of CPD credit in Ontario and 0.66 hours in British Columbia. For more information, please check out our cross-border guide to parent company liability for foreign subsidiaries.
https://www.nortonrosefulbright.com/en-ca/knowledge/publications/44841678/cross-border-guide-to-parent-company-liability-for-foreign-subsidiaries
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 Bloomer 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 our cybersecurity practice 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 data protection and cybersecurity team. This episode qualifies for 0.5 hours of CPD credit in Ontario and British Columbia. For more information, check out Imran’s book, Cybersecurity in Canada: A Guide to Best Practices, Planning, and Management. https://store.lexisnexis.ca/en/categories/shop-by-jurisdiction/federal-13/cybersecurity-in-canada-a-guide-to-best-practices-planning-and-management-2nd-edition-skusku-cad-6612/details
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 Bloomer 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. This episode qualifies for 0.5 hours of CPD credit in Ontario and 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 Bloomer 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. This episode qualifies for 0.5 hours of CPD credit in Ontario and British Columbia. For more information on fairness opinions, check out Steve’s publication, Judicial scrutiny of fairness opinions - https://www.nortonrosefulbright.com/en-ca/knowledge/publications/eb524765/judicial-scrutiny-of-fairness-opinions