June 18, 2019
Highlighting the latest in cross-border practices, Lexpert features comments from Torys lawyers on issues of insolvency, intellectual property and cannabis in the workplace. David Bish, Andrew Bernstein and Mitch Frazer are featured in these articles and are also recognized as Lexpert-ranked Most Frequently Recommended cross-border lawyers.
In discussing the differences in insolvency between Canada and the United States, Partner David Bish weighs in with Lexpert on the frictions that arise from cross-border insolvencies. David comments, “the US has been very focused on codification and has attempted to legislate every foreseeable circumstance, whereas Canadian law is much more driven by judicial discretion”.
“The practical reality is that both sides of the border are there to make a profit,” says David. Unfortunately, Canadian courts and insolvency professionals are concerned “about the extent to which Canadian interests have become a secondary consideration in the American backyard”.
David closes by telling Lexpert that Canadian courts will not tolerate unfair prejudicial treatment in the face of liquidity or international comity considerations.
As the USMCA nears ratification by all parties, significant changes will come to Canadian copyright laws. Partner Andrew Bernstein discusses with Lexpert how there is a growing number of copyright owners asserting their rights.
“Copyright owners have been reluctant to go after consumers,” says Andrew. “But that’s changed, and we see it in cases like Rogers Communications Inc. v. Voltage Pictures, LLC where the copyright holder is seeking the identities of thousands of consumer infringers from the ISP”.
Partner Mitch Frazer paints a picture on the reality we face in the era of legalized recreational marijuana, stating Canada has the “fourth-highest cannabis consumption rate in the world”. When considering this, Mitch stresses how navigating and mitigating the potential risks of cannabis in the workplace can be complicated.
“We’re all in a bit of the new world in terms of regulating cannabis for non-medicinal purposes in the workplace,” says Mitch. “Now that recreational cannabis is legal, it’s clear to see it’s a material and meaningful social and workplace issue”.
The following Torys lawyers were also ranked by Lexpert as Most Frequently Recommended cross-border lawyers:
Jerald M. Wortsman