Canada

News & Analysis as of

The New Face of Commercial Crime - Cybersecurity Risks for Companies and their Directors

The threat of commercial crime against companies is transforming. Technology has created new and innovative ways for fraudsters to exploit individuals and companies through cyber attacks. This new face of fraud can give rise...more

The Final Word on Dependent Contractors

I wrote last year about the Ontario Superior Court of Justice’s decision in the case of Keenan v. Canac Kitchens (a link to same can be found here: http://www.employmentandlabour.com/?s=Canac). Last week the Ontario Court...more

A first for Alberta – Employer sentenced to corporate probation and community service for violating the Occupational Health and...

In a unique decision, an Alberta employer, Needoba Construction Ltd., which pleaded guilty to the general charge of failing to ensure, as far as it is reasonably practicable to do so, the health and safety of a worker, has...more

How will the ORPP Impact Alberta-based Employers with Employees Working in Ontario?

Beginning in 2017, the Ontario Retirement Pension Plan (ORPP) will be phased in over a period of four years and will require eligible Ontario employees without a comparable workplace pension plan to be covered by the ORPP. ...more

What the United States’ Weakened Embargo Against Cuba Means for Canadian Business

Canadian exporters and importers should pay close attention to the ongoing changes in United States-Cuba relations. After more than five decades of animosity between the two countries, U.S. President Barack Obama and Cuban...more

Employers’ Guide to the Ontario Retirement Pension Plan

The Ontario Retirement Pension Plan (the ORPP), will be a provincially-managed plan that, like the Canada Pension Plan, will be funded by equal co-contributions from both employers and employees. It will come into effect as...more

Following US and EU Lead, Canada Lifts Sanctions Against Iran

Canada’s Minister of Foreign Affairs, Stéphane Dion, announced on January 26, 2016 that Canada will be lifting some of its economic sanctions against Iran. This announcement comes shortly after the United States and the...more

Expropriation in Calgary: The Southeast LRT is Coming

The City of Calgary has identified portions or all of several dozen residential and commercial properties it may need to expropriate along the planned route of the Green Line Southeast LRT. Councillors debated the potential...more

Dazed and Confused: A Look at Medical Marijuana and Ontario Schools

As the Canadian medical marijuana industry continues to expand and evolve at a rapid pace, unintended gaps have begun to appear across a wide spectrum of legislation. One such gap currently exists in the Ontario school system...more

Food Report 2016: Trends in the Food, Beverage and Agribusiness Sector

Since the early part of this century, the fast-paced development of Alberta’s oil sands and the push for more pipelines across the country have driven Canada’s economic fortunes. Indeed, the Toronto Stock Exchange is one of...more

Wait… Did you say jail time for trademark infringement?

Imprisonment in intellectual property infringement cases is rare - although not unheard of. The message from a recent Canadian Federal Court decision is… don’t mess with the Court. They expect compliance with their orders and...more

Alberta announces new oil and gas royalty framework

Following the general election on May 5, 2015, Alberta’s new government moved swiftly to strike a panel (the Panel) to review and recommend changes to Alberta’s oil and gas royalty framework....more

Class Action Results in Hefty Bill: C$2-Million in Punitive Damages

In the recent decision Biondi c. Syndicat des cols bleus regroupés de Montréal (SCFP-301), the Superior Court of Quebec (Court) ordered the Syndicat des cols bleus regroupés de Montréal (Union) to pay C$2-million in punitive...more

Patents – Year In Review

In 2015, Canadian courts and the Patent Appeal Board issued decisions which deemed non-infringing alternatives to affect damages for patent infringement, assessed a license agreement by reference to U.S. patent law, and...more

No deal yet on Safe Harbor 2.0!

‘Hot off the press’ as Commissioner Jourova continues to give her statement to the European Parliament: there is no deal yet on Safe Harbor 2.0.  The Commissioner outlined the current state of play on the key...more

$5.3 million fine in Sunrise Propane case after joint prosecution under OHSA and EPA

Some cases illustrate very well the principle that “the more dangerous your operation, the more careful you must be”.  This case, involving a joint prosecution by the Ministry of Labour and Ministry of Environment, is one of...more

The Ontario Retirement Pension Plan: It’s coming soon

In less than a year, the new Ontario Retirement Pension Plan (ORPP) is set to be in place for certain employers. If you are an employer with Ontario workers, now is the time to consider the impact the ORPP will have on your...more

AODA: Where are we? - News for Ontario retailers

Why is the AODA important to retailers? The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) has the goal of making the province of Ontario fully accessible by 2025. The first component required accessible...more

Appeal Puts Faith to the Test: Court Grants Appeal from Arbitral Award on Scope of Contractual Duty of Honest Performance

The British Columbia Supreme Court has recently granted leave to appeal from an arbitrator’s award that applied a broad notion of the doctrine of good faith in the performance of a contract. As the court noted, the issues...more

Energy & Environment Update - January 2016 #3

Energy and Climate Debate - The winter weather postponed much congressional and Administrative action on energy, environment, and other issues this week, but the Senate has now officially begun floor debate on the first...more

Public display of English trademarks in Québec: The saga continues

On April 9, 2014, the Honorable Michel Yergeau of the Superior Court of Québec rendered a much-awaited judgment on the controversial issue of trademark displays in a language other than French....more

Ontario Releases Draft Pollinator Protection Health Action Plan

On January 22, 2016, Ontario released for consultation a draft Health Action Plan (Plan) to reduce losses of honeybees and other pollinators caused by several “stressors” stated in the Plan to include: (1) reduced habitat and...more

TSX and TSXV join regulators in accommodating rights offerings

The rights offering exemption has historically been an underutilized means of raising capital for public issuers. This exemption from the requirement to file a prospectus allows issuers a method of financing whereby existing...more

ORPP: Additional Design Details Released

On January 26, 2016, additional design details of the Ontario Retirement Pension Plan (ORPP) were released by the Ontario government. The government reconfirmed its commitment to implement the ORPP beginning January 1, 2017,...more

Taxpayers’ Ombudsman Addresses CBA Meeting

On January 27, 2016, Sherra Profit, the Taxpayers’ Ombudsman, addressed a meeting of the Canadian Bar Association Tax Section on the subject of assisting taxpayers in resolving their service complaints....more

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