Lawyered

LAWYERED is a bi-weekly, independent podcast series that focuses on Canadian legal issues. Each episode features a conversation with a different legal professional who will provide their insight on recent developments in the law.

Ask-Me-Anything: Workplace investigations Law 12/06/2023

Ask-Me-Anything: Workplace investigations Law In our Ask-Me-Anything Segment of our workplace investigations law episode with Christine Thomlinson, we cover a range of questions submitted by the Lawyered Patreon community. 🔵 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?✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28897393

Duties of Care Owed by Workplace Investigators 12/06/2023

Duties of Care Owed by Workplace Investigators In part three of our workplace investigations law episode with Christine Thomlinson, we discuss whether a workplace investigator owes a duty of care to complainants. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28897348

Improper Workplace Investigations: A Cautionary Tale 12/06/2023

Improper Workplace Investigations: A Cautionary Tale In part two of our workplace investigations law episode with Christine Thomlinson, we speak about a cautionary tale in the workplace investigations context and about how these procedures can be conducted in a fair, objective, and confidential manner ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28897318

Toxic Workplace Cultures and the Law 12/06/2023

Toxic Workplace Cultures and the Law In part one of our workplace investigations law episode with Christine Thomlinson, we discuss whether a complainant's participation in a toxic workplace culture can impact their legal rights or entitlements. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28897273

90: Workplace Investigations Law (Christine Thomlinson) 12/06/2023

90: Workplace Investigations Law (Christine Thomlinson) 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. ⚫ 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) ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28897208

Ask-Me-Anything: Psychedelics Law 11/22/2023

Ask-Me-Anything: Psychedelics Law In our Ask-Me-Anything Segment of our psychedelics law episode with David Wood, we cover a range of questions submitted by the Lawyered Patreon community. 🔵 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?✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28701213

Canada’s “Special Access Program” for Restricted Drugs 11/22/2023

Canada’s “Special Access Program” for Restricted Drugs In part three of our psychedelics law episode with David Wood, we discuss a new set of regulatory amendments that have Revived Canada’s “Special Access Program” for Restricted Drugs. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28701203

Toth: Requesting Psychedelics for Professional Training 11/22/2023

Toth: Requesting Psychedelics for Professional Training In part two of our psychedelics law episode with David Wood, we speak about a recent Federal Court decision about whether healthcare practitioners can consume psychedelic substances in the course of their professional training. /episode/index/show/lawyeredpodcast/id/28701193

Alberta's Regulation of Psychedelic-Assisted Psychotherapy 11/22/2023

Alberta's Regulation of Psychedelic-Assisted Psychotherapy In part one of our psychedelics law episode with David Wood, we discuss Alberta’s decision to become the first Canadian province to regulate psychedelics for psychotherapy. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28700933

89: Psychedelics Law (David Wood) 11/22/2023

89: Psychedelics Law (David Wood) 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. ⚫ 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) ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28700908

Ask-Me-Anything: Cryptocurrency Law 11/08/2023

Ask-Me-Anything: Cryptocurrency Law In our Ask-Me-Anything Segment of our cryptocurrency law episode with Sohaib Mohammad, we cover a range of questions submitted by the Lawyered Patreon community. 🔵 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?✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28512083

Enhancing Investor Protection for Crypto Asset Trading Platforms 11/08/2023

Enhancing Investor Protection for Crypto Asset Trading Platforms In part three of our cryptocurrency law episode with Sohaib Mohammad, we discuss a new regulatory structure that seeks to enhance investor protection specifically for crypto asset trading platforms ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28512062

Asset-Freezing Orders for Cryptocurrencies 11/08/2023

Asset-Freezing Orders for Cryptocurrencies In part two of our cryptocurrency law episode with Sohaib Mohammad, we speak about this first reported Canadian decision of a Mareva injunction that explicitly freezes cryptocurrencies ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28512050

Medjedovic and the 'Code is Law' Defense 11/08/2023

Medjedovic and the 'Code is Law' Defense In part one of our cryptocurrency law episode with Sohaib Mohammad, we discuss a potential, new defense - known as the “Code is law” - which asserts that a programmed code constitutes the law and that exploiting vulnerabilities in the code is considered lawful. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28512041

88: Cryptocurrency Law (Sohaib Mohammad) 11/08/2023

88: Cryptocurrency Law (Sohaib Mohammad) On this episode, we’re chatting about the rules involving Bitcoin, Ethereum, and other digital assets featuring cryptocurrency lawyer Sohaib Mohammad: the "Code is Law" defense; asset-freezing orders for cryptocurrency; and enhancing investor protection for crypto asset trading platforms. This program contains 30 minutes of substantive content for the Law Society of Ontario's CPD requirements. ⚫ 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) ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28512035

Ask-Me-Anything: Public Health Law 10/25/2023

Ask-Me-Anything: Public Health Law In our Ask-Me-Anything Segment of our public health law episode with Jess Szabo, we cover a range of questions submitted by the Lawyered Patreon community. 🔵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?✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28323128

Private Actors in the Healthcare Space 10/25/2023

Private Actors in the Healthcare Space In part three of our public health law episode with Jess Szabo, we discuss a series of developments that open the door for private actors to participate in the public healthcare system. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28323116

Bill 7 - Transitioning Patients from Hospitals to Long-Term Care 10/25/2023

Bill 7 - Transitioning Patients from Hospitals to Long-Term Care In part two of our public health law episode with Jess Szabo, we speak about Ontario’s controversial Bill 7 that would allow hospitals to transfer elderly patients to nursing homes without their consent. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28323086

Mental Illness and Medical Assistance in Dying (MAID) 10/25/2023

Mental Illness and Medical Assistance in Dying (MAID) In part one of our public health law episode with Jess Szabo, we discuss the latest development in the federal government’s regulation of medical assistance in dying (MAID) with a specific focus on access for persons suffering from a mental illness. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28323068

87: Public Health Law (Jess Szabo) 10/25/2023

87: Public Health Law (Jess Szabo) 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. ⚫ 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 the means by which 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) ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28323041

Ask-Me-Anything: Foreign Investment Law 10/11/2023

Ask-Me-Anything: Foreign Investment Law In our Ask-Me-Anything Segment of our foreign investment law episode with Dany Assaf, we cover a range of questions submitted by the Lawyered Patreon community. 🔵 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?✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28258175

Bill C-34 – The National Security Review of Investments Modernization Act 10/11/2023

Bill C-34 – The National Security Review of Investments Modernization Act In part three of our foreign investment law episode with Dany Assaf, we discuss a new mechanism that will allow foreign investors to voluntarily notify the government about investments that could raise national security concerns. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28258154

Bill C-34 – The National Security Review of Investments Modernization Act 10/11/2023

Bill C-34 – The National Security Review of Investments Modernization Act In part two of our foreign investment law episode with Dany Assaf, we speak about Bill C-34 – a proposed new statute that seeks to strike a balance between welcoming investment and safeguarding national security interests ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28258133

Clamping Down on Critical Mineral Investments 10/11/2023

Clamping Down on Critical Mineral Investments In part one of our foreign investment law episode with Dany Assaf, we discuss the federal government’s new approach regarding acquisitions of control of Canadian mineral businesses ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28258094

86: Foreign Investment Law (Dany Assaf) 10/11/2023

86: Foreign Investment Law (Dany Assaf) 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. ⚫ 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)✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/28258031

BONUS PREVIEW EP 6: Lifelong Learning (Gina Alexandris) 09/27/2023

BONUS PREVIEW EP 6: Lifelong Learning (Gina Alexandris) 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. 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 ! 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: Aaron Baer: , and (Causes of Loss, pg 9) "", Chief Justice George R. Strathy's (May 4, 2022) "", James E. Ryan Additional Resources ", Esperanza Franco) ", Heidi K. Brown (the original author of Emotional Intelligence), with resources, courses, assessments, podcasts and more The Emotional Intelligence Training Company ", Mahwash Khan (LawPro), Oct 15, 2020 "", Gina Alexandris (Law Practice Today), Oct 12, 2028, ", The Joyful Practice for Women Lawyers in 2022, Oct 26, 2022 /episode/index/show/lawyeredpodcast/id/28139738

Ask-Me-Anything: Pensions Law 09/13/2023

Ask-Me-Anything: Pensions Law In our Ask-Me-Anything Segment of our pensions law episode with Ross Gascho, we cover a range of questions submitted by the Lawyered Patreon community. 🔵 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? ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/27919734

Correcting for Pension Over- and Under-Contributions 09/13/2023

Correcting for Pension Over- and Under-Contributions In part three of our pensions law episode with Ross Gascho, we chat about how recent Income Tax Act amendments can provide more flexibility as to how defined contribution pensions plans can correct for under-contributions and over-contributions. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/27919719

Fiduciary Duties of Pension Plan Trustees 09/13/2023

Fiduciary Duties of Pension Plan Trustees In part two of our pensions law episode with Ross Gascho, we speak about the Larkin v. Johnson BCCA decision and how the fiduciary duties of pension plan trustees impact their ability to make discretionary decisions. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/27919671

"Super-Priorities" and the Pension Protection Act (Bill C-228) 09/13/2023

"Super-Priorities" and the Pension Protection Act (Bill C-228) In part one of our pensions law episode with Ross Gascho, we discuss the recently-passed Pension Protection Act (Bill C-228) and canvass the broader implications of pension plan payments taking a "super-priority" in insolvency proceedings. ✨ Read the full episode transcript ✨ Learn more about the topics/cases on the ✨ Help to declutter the law on the /episode/index/show/lawyeredpodcast/id/27919350

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