PODCAST · business
Disputed
by Norton Rose Fulbright
Join hosts Ted Brook, Partner, and Erin Brown, Senior Associate, of Norton Rose Fulbright as they 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.Listen now, and subscribe so you don’t miss an episode.
Episodes
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Ten Tips for Winning Your Next Trial
Heading to trial and feeling the nerves mount? Never fear, this episode of Disputed is here. Hosts Ted Brook and Erin Brown sit down with commercial litigators, Stephen Taylor and Tiffany O’Hearn Davies from our Toronto office, to share their top ten tips for winning civil trials in Canadian...
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Contempt and Consent: A Case Study in Navigating Regulatory Boundaries
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...
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Navigating Tariffs: Weathering the Storm of Trade Uncertainty
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...
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What’s Keeping Corporate Counsel Up at Night? 2025’s Top Litigation Trends
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...
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Reasonableness rules: Why you should care about the SCC’s decisions in Auer and TransAlta
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...
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Closing with Confidence: Resolving Disputes and Avoiding M&A Litigation
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...
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Lights, camera, class actions: Recent trends in Canada
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…
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Trials and errors: perspectives from our top litigators
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...
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Keeping up with the Competition Act
Transformative changes to the Competition Act are here. 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…
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Disputed is returning for season 5
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...
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Exploring the high-stakes world of special situations
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…
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Navigating the ESG risk landscape in Canada
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…
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A proactive approach to cybersecurity, data privacy and AI
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...
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Revealing 2024’s top litigation trends
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...
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Undisputed: Litigation Trends Explored - A miniseries from the makers of Disputed
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...
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UK anti-corruption developments and their extraterritorial reach
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,...
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CEPA, chemical management and the “right” to a healthy environment | S3 EP7
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...
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Pro bono publico in Canada | S3 EP6
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...
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Influencers, advertising and social media | S3 EP5
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...
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Changes to the Canadian Competition Act | S3 EP4
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…
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Canada’s Economic Sanctions Regime | S3 EP3
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?...
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The 2023 Litigation Trends Survey | S3 EP2
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…
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Remediation Agreements in Canada | S3 EP1
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...
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A culture of employee engagement | S2 EP16
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...
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Working with litigation experts | S2 EP15
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...
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Just Cause | S2 EP14
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...
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Securities enforcement | S2 EP13
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...
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Greenwashing | S2 EP12
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...
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Prompt payment | S2 EP11
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...
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Web3, NFTs and the Metaverse | S2 EP10
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...
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Modern Slavery, part two | S2 EP9
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...
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Modern Slavery, part one | S2 EP8
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...
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From disruption to dispute – Mitigating supply chain risk | S2 EP7
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…
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Trade secrets and protecting your IP | S2 EP6
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...
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AI and the law | S2 EP5
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…
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Trends in Canadian class actions | S2 EP4
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...
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“Return” to work | S2 EP3
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...
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Litigation funding: a Canadian update | S2 EP2
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...
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Cryptocurrency disputes: multi-jurisdictional lines and global reach | S2 EP1
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...
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COP26 and Canadian energy | S1 EP7
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...
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Climate change disputes | S1 EP6
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…
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Proxy fights | S1 EP5
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?…
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Parent company liability | S1 EP4
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...
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Managing a breach | S1 EP3
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...
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Ransomware | S1 EP2
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...
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Fairness opinions | S1 EP1
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…
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ABOUT THIS SHOW
Join hosts Ted Brook, Partner, and Erin Brown, Senior Associate, of Norton Rose Fulbright as they 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.Listen now, and subscribe so you don’t miss an episode.
HOSTED BY
Norton Rose Fulbright
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Frequently Asked Questions
How many episodes does Disputed have?
Disputed currently has 46 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Disputed about?
Join hosts Ted Brook, Partner, and Erin Brown, Senior Associate, of Norton Rose Fulbright as they 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...
How often does Disputed release new episodes?
Disputed has 46 episodes. Check the episode list to see recent publication dates and frequency.
Where can I listen to Disputed?
You can listen to Disputed on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Disputed?
Disputed is created and hosted by Norton Rose Fulbright.
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