Disputed

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.