News & Analysis as of

Canada Internal Investigations

Davies Ward Phillips & Vineberg LLP

Governance Insights: Protecting Information to Protect Process – When is it Appropriate to Restrict a Director’s Access to Board...

When is a board of directors permitted to withhold information from one of its members? Although the Canadian corporate statutes generally grant directors a blanket right to inspect board and committee minutes, there is...more

Stikeman Elliott LLP

Salina v. Investors Group: Employers Do Not Owe a Duty of Care to Employees in Connection with Workplace Investigations

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In Salina v. Investors Group Financial Services Inc., 2023 BCS41 C 86 (the “Decision”), the Supreme Court of British Columbia (the “Court”) considered the question of whether an employer owes its employee a duty of care in...more

American Conference Institute (ACI)

[Event] 14th Annual Law of Policing Conference, Eastern Edition - May 3rd - 4th, Toronto, ON, Canada

The Canadian Institute’s 14th Annual Law of Policing Conference, Eastern Edition, returns with curated programming that delves into the most critical challenges and controversial issues facing police services, police...more

American Conference Institute (ACI)

[Event] Law of Policing Conference, Eastern Edition - May 4th - 5th, Toronto, ON, Canada

The Canadian Institute’s 13th Annual Law of Policing Conference, Eastern Edition is returning to Toronto on May 4 – 5, 2022. For 2 days, chiefs of police, in-house counsel, and a wide-variety of government and civilian...more

Blake, Cassels & Graydon LLP

Repenser les enquêtes internes en temps de pandémie

La pandémie de COVID-19 a obligé tous les secteurs de l’économie à s’adapter rapidement à une réalité sans précédent. Bon nombre des mécanismes faisant partie intégrante des entreprises, dont ceux visant les enquêtes...more

Blake, Cassels & Graydon LLP

Reimagining Internal Investigations in Pandemic Times

The COVID-19 pandemic has forced rapid adaptations throughout all industries. Internal investigations are but another integral business mechanism that has been modified out of necessity. Below are key takeaways relating to...more

Littler

Ontario, Canada: Human Rights Tribunal Provides Guidelines on Conducting Sexual Assault Investigations

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In a recent Human Rights Tribunal of Ontario (HRTO) decision, an employee alleged her supervisor sexually assaulted her. The HRTO’s analysis of the poorly handled workplace investigation that ensued provides meaningful...more

Bennett Jones LLP

US $2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO

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On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion judgment to the SFC Litigation Trust for fraud and breach of fiduciary...more

Blake, Cassels & Graydon LLP

Courts Issue Guidance for Litigation-Privileged Documents During Regulatory Investigations

Certain incidents at a worksite or industrial facility may trigger statutory reporting or investigative requirements. Companies may also want to conduct their own litigation-privileged internal investigation of the same...more

Bennett Jones LLP

Investigating Sexual Assault in the Workplace—A Cautionary Tale

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Sexual harassment in the workplace continues to be a top legal risk for employers, especially in the context of the #metoo movement. Employers have a duty to investigate and promptly deal with allegations of harassment in the...more

Bennett Jones LLP

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

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The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

NAVEX

Is Your Organization Prepared for Ontario Bill 132?

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On September 8, 2016, new legislation in Ontario will go into effect requiring employers to investigate incidents or complaints of harassment or sexual harassment in the workplace. Employers with employees in Ontario will...more

Bennett Jones LLP

Internal Investigations and Privilege: A Redux

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An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Alberta v Suncor Energy Inc, 2016 ABQB 264 [Suncor]. The Court found...more

Blake, Cassels & Graydon LLP

What to Do When the Regulator Comes Calling

Before an Investigation/Inquiry - Prepare: Before any investigation arises, have a Crisis Management Plan in place. The plan should include a Response Plan and an Evidence Retention Plan as described below. At the...more

Bennett Jones LLP

Is an Internal Investigation Privileged?

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An internal investigation into whistleblower allegations was privileged, thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Talisman Energy Inc v Flo-Dynamics Systems Inc, 2015 ABQB 561...more

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