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Friday, May 03, 2019 @ 5:15 PM

SCC rules that Quebec franchisee was ‘employee’ and not independent contractor under labour law Justice Rosalie Silberman Abella

In a judgment of note nationally to participants in franchised businesses, the Supreme Court of Canada has provided guidance on when franchisees are “employees” of franchisors — rather than independent contractors — under Quebec’s labour laws. ... [read more]

Friday, May 03, 2019 @ 1:57 PM

Bretton Woods Law to join DLA Piper (Canada) LLP’s Montreal office

DLA Piper (Canada) LLP announced that it has reached an agreement with the Montreal office of Bretton Woods Law Canada. Effective May 1, 2019, Bretton Woods Canada’s team of four lawyers and an articling student will join DLA Piper Canada’s Montreal office. ... [read more]

Friday, May 03, 2019 @ 12:49 PM

Cassels Brock partner elected as regent for American College of Commercial Finance Lawyers

Jonathan Fleisher has been elected to the board of regents of the American College of Commercial Finance Lawyers (ACCFL). He is the sole Canadian elected to this year’s class of six regents. ... [read more]

Friday, May 03, 2019 @ 10:20 AM

Gear up for ‘prompt payments’ in construction on October 1 fast_payment_sm

The Construction Lien Act (now the Construction Act) received significant amendment last year. Those changes were the subject of a flurry of attention which has come and gone. We are now at the calm before the storm. ... [read more]

Friday, May 03, 2019 @ 9:56 AM

Rethinking corporate criminal liability | Barry Leon

Since the SNC-Lavalin deferred prosecution agreement issue surfaced in the media, along with the assertions that prosecuting the company could harm Canada’s economy, I have been wondering whether our approach to corporate criminal liability should be reconsidered. ... [read more]

Thursday, May 02, 2019 @ 11:58 AM

CEO vicariously liable under Canada’s anti-spam law receives $100,000 fine phishingscheme_sm.jpg

The Canadian Radio-television and Telecommunications Commission (CRTC) recently issued a penalty of $100,000 against Brian Conley, the president and CEO of a group of businesses known as the nCrowd companies. ... [read more]

Thursday, May 02, 2019 @ 9:50 AM

Impact of H-1B visa changes for Canadian workers, U.S. employers canada_u.s._sm

Any employer who has been through the H-1B visa filing process over the last several years is likely to agree that the petitioning process has become a bit of a nightmare. The process is plagued by long delays in adjudication — or even, in knowing whether their petition was selected for adjudication in the annual lottery for H-1B visas held by the U.S. government. ... [read more]

Thursday, May 02, 2019 @ 9:01 AM

The story behind Privacy Commissioner’s investigation of Facebook lying_facebook_sm

For the second time in a decade, the Office of the Privacy Commissioner of Canada (OPC) has investigated Facebook, Inc. (Facebook) for alleged failures to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). And, just as was the case in 2009 with respect to third-party applications, the OPC concluded that the complaints against Facebook were well-founded and unresolved. ... [read more]

Wednesday, May 01, 2019 @ 9:25 AM

Ahead of the pack: Advising the board on looming disputes crisis_management_sm

Corporations big and small are vulnerable to an ever-expanding variety of crises, ranging from sexual harassment, environmental disasters and information leaks. Using the fact scenario of a large-scale data breach, I participated on a panel, moderated by Poonam Puri, professor at Osgoode Hall Law School and expert on corporate governance, during this year’s annual Canadian Corporate Counsel Association (CCCA) conference. The panel discussed what corporate counsel can do to effectively manage and contain a crisis while balancing the interests of the board, stakeholders and the public. ... [read more]

Wednesday, May 01, 2019 @ 8:57 AM

The Coach: Succeeding though administrative management | Gary Mitchell and Lisa Dawson

Firm leaders expect employees to follow the rules, follow the policies and share the ethics and the visions of the firm. In exchange, the employee can stay and will be paid. How can a law firm achieve this intentionally? The first step is to answer the following questions: ... [read more]