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Monday, June 29, 2020 @ 9:24 AM

Fund managers and class action exposure: Implications of decision bulls_bears_sm

In Wright v. Horizons ETFS Management (Canada) Inc. 2020 ONCA 337, the Court of Appeal overturned the decision of the motion judge in Wright v. Horizons ETFS Management (Canada) Inc. 2019 ONSC 3827, and ordered that the case be remanded back to him for a determination of whether the remaining elements of the test for certification could be met. ... [read more]

Friday, June 26, 2020 @ 2:52 PM

Nomad visas and economic resurgence: Lessons from Estonia | Christiana Sagay

Undoubtedly the COVID-19 pandemic has come at a great human and economic cost while also creating an immigration shortfall — a dip in the admission of economic migrants. With the spread of the virus, while applications for permanent residency were still accepted, the ability to review the applications was significantly skewed, as applications of Canadians returning to the country, vulnerable groups and people performing or supporting essential services took precedence. In addition to the processing lapse, admission of landed migrants into Canada was put on hold from March 16, 2020, creating a 30 per cent decline in economic migrants in March alone. ... [read more]

Friday, June 26, 2020 @ 2:32 PM

Proceedings in first-ever Zoom trial at Federal Court met with praise by judge, counsel Justice Roger Lafrenière

When the COVID-19 pandemic hit in March legal proceedings across the country largely ground to a halt, leading courts to consider alternative technology so that matters would still be able to be heard. And in one such matter at the Federal Court testimony was moved online for the first time ever, with counsel in the case and the judge presiding over it both agreeing that the process worked well and shows potential for the future. ... [read more]

Friday, June 26, 2020 @ 11:50 AM

COVID-19 benefits: fraudulent claims, tax fraud and cash economy | David Rotfleisch

The COVID-19 Canadian Emergency Wage Subsidy (CEWS) application forms and Canadian Emergency Response Benefit (CERB) application forms were put together in such blinding haste in April that aerospace engineer Edward Aloysius Murphy Jr. would have rolled his eyes in disgust. ... [read more]

Friday, June 26, 2020 @ 11:14 AM

Return to work survey gauges employers’ concerns runningupstairs

In May 2020, Littler published its Littler COVID-19 Return to Work Survey Report, which summarizes and analyzes data from more than 1,000 in-house lawyers, HR professionals and C-suite executives, completed via an online survey tool from May 5-14, 2020. The report gauged employers’ concerns and strategies in reintroducing employees to the workplace in the wake of COVID-19.  ... [read more]

Thursday, June 25, 2020 @ 2:15 PM

Stare decisis and equal protection of the law | Lawrence David

Overturning precedents that perpetuate systemic discrimination is key to advancing the rule of law’s promise of equal protection under the law. Where judicial precedent is premised upon unacceptable discriminatory attitudes, Canadian courts should not hesitate to overturn or modify it. ... [read more]

Thursday, June 25, 2020 @ 1:44 PM

Fund managers and class action exposure: Duty of care bulls_bears_sm

In Wright v. Horizons ETFS Management (Canada) Inc., 2020 ONCA 337, the Ontario Court of Appeal concluded, in the context of a class action certification motion, that investment fund managers may owe a new common law duty of care to investors with respect to the creation, marketing and/or management of an exchange traded investment fund (ETF). ETFs are securities that are comprised of a basket of securities. Unlike a mutual fund whose units are not traded on an exchange, ETFs trade on exchanges and their prices can fluctuate throughout the trading day.) ... [read more]

Thursday, June 25, 2020 @ 12:28 PM

OSC announces new vice-chair and commissioner appointments

Ontario Securities Commission (OSC) acting chair and chief executive officer Grant Vingoe announced the appointment of Wendy Berman as vice-chair for a one-year term, and Cathy Singer as part-time commissioner for a two-year term. ... [read more]

Thursday, June 25, 2020 @ 12:25 PM

Harper Grey adds six associates

Harper Grey announced that Alicia Catalano, Luke Elliott, Caryna Jiwani, Neal Parker, Aynsley Severide and Nicola Virk have joined the Vancouver firm as associates. ... [read more]

Thursday, June 25, 2020 @ 12:17 PM

B.C. begins next phase of safe restart plan

British Columbia is taking the next step in its restart plan with a gradual transition to Phase 3, including the “safe and respectful” return of travel and tourism within the province. “Thanks to the hard work and sacrifice of British Columbians, and under the guidance of the provincial health officer, we are now entering Phase 3 of our four-phase restart plan,” Premier John Horgan said June 24. ... [read more]