Legal news and trends for Canadian in-house counsel and c-suite executives
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assistance only in matters that require a quick turnaround time or involve a highly specialized area of law. With that type of cost pressure, in-house counsel are often pressed to make dif- ficult choices. Kathleen Niccols, vice president and general counsel at The Dominion of Canada General Insurance Co., says there are legal matters that mandate outside legal assistance either because of the specialized nature of the issue, the turnaround time, or simply due to the department's workload. "There are issues that we seek outside advice for either because we require a certain turnaround time, or because there is a need for a specialized exper- tise," she says. Seeking outside legal advice helps in-house lawyers like Niccols to effec- tively manage the company's exposure to legal risks, including ensuring as many issues as possible are resolved in a timely manner. "The legal issues are increasingly complex, and our business is very com- plex, so sometimes you need to seek outside advice to be able to deliver the best possible results for the company," she says. "It's always about managing the risk for the company." Brian Wylynko, managing direc- FOR BETTER OR FOR WORSE: A PRACTICAL GUIDE TO CANADIAN EMPLOYMENT LAW, THIRD EDITION FULLY REVISED AND UPDATED! FROM START TO FINISH, A COMPREHENSIVE AND PRACTICAL GUIDE TO THE COMPLETE EMPLOYMENT RELATIONSHIP This text is an easy-to-read reference on employment law issues across Canada. It can be read cover to cover to get the full scope of the employment relationship, or it can be referenced by topic so you can quickly find the information you are looking for. Written by two leading authorities on the subject who share their knowledge, tips and techniques with you on the law and how to apply it, you can get answers to your most pressing employment questions efficiently. This new edition provides up-to-date guidance on key topics such as: the end of mandatory retirement inducing breach of contract enforceability of restrictive covenants dependent contractors privacy issues in the workplace employment standards duty to accommodate the new human rights regime in Ontario occupational health and safety offences legislation addressing workplace violence and harassment constructive dismissal, just cause, reasonable notice calculating dismissal damages post Keays v. Honda Canada Inc. Prices subject to change without notice, to applicable taxes and shipping & handling. Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation tor and regional counsel for Federal Express Canada Ltd. and the Canadian Corporate Counsel Association's Greater Toronto Area chapter presi- dent, says there are many issues where in-house lawyers don't have the exper- tise to oversee and must turn to private law firms to assist. "In-house lawyers are generalists by nature as we deal with legal issues and business issues," he explains. "So we'll draw on outside lawyers first and fore- most for their expertise because those who practise in a particular area and have a sophisticated knowledge of the law can be a much greater help in a particular area than we can." As well, it can be extremely advan- tageous to work on a project with an outside lawyer and get to know his or her contacts in a specialized area of law. "A lawyer who is a specialist in an area knows all the related agencies and regulatory contacts, so that can be a big advantage," adds Wylynko. In-house counsel for national and international companies often must seek outside law firm assistance due to the geographic nature of a legal matter. "We have issues that arise all across the country, and in Canada the language issue comes into play also," says Wylynko. "For issues in Quebec, we may need a French lawyer and in Quebec they have the civil law system that a lawyer must be familiar with." He acknowledges in-house law CANADA LAW BOOK® LT0228 departments have an ample amount of work on their plates that doesn't enable them to take on additional work when it crops up, although at the same time, they have to be mindful of budgetary limitations. "There are circumstances where we might have to turn to an outside lawyer 40 • APRIL 2011 orBetterForWorse-CLB_IH_Apr_11.indd 1 INHOUSE 3/3/11 3:44:20 PM The Honourabl Mr e . Justice R O ourt Scott Echlin, Superior C of andall Justice ( ntario ) Christine M. Thomlinson