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Tuesday, October 17, 2017 @ 1:36 PM

Ontario proposes to allow 'social investments' by charities in Bill 154 Charities invest

While the province is to be commended for launching an initiative to facilitate the access of charitable capital for social investments, charities will want to closely monitor the progress of the Cutting Unnecessary Red Tape Act to ensure that a number of questions are addressed. ... [read more]

Tuesday, October 17, 2017 @ 8:39 AM

Director resignations and personal liability for corporate tax debts

The prospect that a corporate director may be held personally liable for corporate tax debts is the stuff of nightmares. The possibility exists, however, because the Canada Revenue Agency may look to the directors to collect a corporation’s unpaid HST or payroll taxes. ... [read more]

Tuesday, October 17, 2017 @ 8:29 AM

Human rights tribunals may be failing Arab, Muslim workers post-9/11 Muslim_complaints_sm

Review of cases in Canada reveals complaints of oversurveillance, double standards and stereotyping in the workplace, and suggests that the system isn't helping those who face discrimination, just as they need it the most. ... [read more]

Monday, October 16, 2017 @ 9:37 AM

The emergence of a legal test in Ontario for enforcing religious marriage contracts

Both in Judaism and Islam, marriages are civil contracts that provide for a monetary amount owed by the husband to the wife. Since Canadian law recognizes the validity of such marriages, where applicable, the terms of these contracts are often raised and disputed in divorce proceedings in Ontario. ... [read more]

Monday, October 16, 2017 @ 8:54 AM

Proposed breach regulations refocus risk management, incident response protocols breach_notification_sm

Publication of the federal government’s proposed Breach of Security Safeguards Regulations on Sept. 2, for a 30-day consultation period, provides important guidance to organizations and their internal compliance personnel. The proposed regulations, while potentially subject to adjustment following the consultation, provide a significant road map as to the full scope of the new incident breach reporting provisions under the Personal Information Protection and Electronic Documents Act (PIPEDA). These provisions will create new liability risks and compliance costs for organizations.   ... [read more]

Friday, October 13, 2017 @ 10:41 AM

Quebec court case enforcing forum selection clause comes with ironic twist

The defendants relied on the clause while claiming that the agreements in which it was found were void. While Quebec courts respect parties’ undertakings to litigate elsewhere, litigants should assume that those same courts will accept and retain jurisdiction if they have been selected by the parties for the resolution of their disputes. ... [read more]

Friday, October 13, 2017 @ 8:40 AM

Courts get serious about quantifying reasonable royalties in patent litigation Royalty_percentage_sm

Until recently, there had been few reported Canadian patent infringement decisions dealing with reasonable royalties. This has changed in the past several years. This article looks at some of the key developments in this area of patent infringement financial remedies. ... [read more]

Thursday, October 12, 2017 @ 2:16 PM

Sober second thought needed on proposal to raise immigration levels to 450,000 Immigrants

The Conference Board of Canada recommendation comes as the federal government is on the verge of deciding how many immigrants will be accepted over the next several years. While immigrants bring economic benefits to the country over the long term, any increase should be incremental and well managed. ... [read more]

Thursday, October 12, 2017 @ 8:59 AM

Drug overdose act weakened by limited immunity from prosecution Overdose_sm

In May of this year, the Good Samaritan Drug Overdose Act was passed – a piece of legislation that amends the Controlled Drugs and Substances Act (CDSA) so as to exempt persons seeking emergency medical or police assistance for themselves or another person following drug overdose from simple possession charges, or charges resulting from the violation of certain conditions such as bail, probation, etc. that relate to a possession offence. However, it is limited to only simple possession-related offences, and does not allow for any “immunity” for other common and often more serious offences such as drug trafficking, weapons offences, etc., or outstanding warrants. ... [read more]

Thursday, October 12, 2017 @ 8:42 AM

Using receivership when responding to commercial real estate fraud

Certificates of pending litigation, cautions, constructive trusts, interim preservation of property orders, fraudulent conveyance actions, Mareva injunctions and receiverships are just some of the remedies in the litigator's tool box when responding to a commercial real estate fraud. ... [read more]