Focus On

In-House Counsel


Wednesday, August 21, 2019 @ 8:34 AM

Board of directors’ climate change checklist: Part two businesswoman_checklist_sm

A few weeks back I hosted an online session where some of the leaders shared their views on transition strategies and how boards need to be able to articulate and act upon climate change risks and opportunities. In my previous article on this topic, I shared two of the five items from a shortened suggested to-do list for the board of directors. Here are the remaining three recommendations. ... [read more]

Monday, August 19, 2019 @ 3:05 PM

Employer or PEO — who is the daddy? Group silhouette with globe

If you’re a Canadian resident working for a U.S. company in Canada, there are a multitude of cross-border implications regarding employment law, payroll reporting, income taxes and Social Security taxes. The evolution of the professional employer organization (PEO) since the 1980s has become a popular solution for U.S. and Canadian employers when employing remote workers. ... [read more]

Monday, August 19, 2019 @ 8:50 AM

Occupational classifications: Are you an economist or an accountant? two_doors_sm

For better or worse, it was a missed opportunity not to reassess the trade national (TN) occupational classification list under NAFTA’s Appendix 1603.D.1 when the United States-Mexico-Canada Agreement (USMCA) was negotiated. It has been 25 years since these occupational classifications were finalized, and updates on what each occupational classification entails in the current workforce would have been welcome. ... [read more]

Friday, August 16, 2019 @ 1:59 PM

For the PM, ‘sorry’ is the hardest word | Heather MacIvor

On Aug. 14 the federal Conflict of Interest and Ethics Commissioner, Mario Dion, released his report (Trudeau II Report) on the Trudeau government’s efforts to interfere with the prosecution of SNC-Lavalin (SNC). Dion concluded that the prime minister violated s. 9 of the Conflict of Interest Act (the Act) when he and his staff pressed former Attorney General (AG) Jody Wilson-Raybould to overrule the Director of Public Prosecutions (DPP) and offer SNC a remediation agreement (Ethics commissioner finds PM improperly sought to influence AG re SNC-Lavalin prosecution). ... [read more]

Thursday, August 15, 2019 @ 12:05 PM

Differences between Canadian, American employment law handheldflags.jpg

For American companies, expanding operations into Canada often makes good business sense. Our similar professional cultures make doing business together easy, and our economic ties make it almost inevitable. However, employers who take our countries’ similarities for granted put themselves in a precarious position. ... [read more]

Thursday, August 15, 2019 @ 10:52 AM

Legislation increases director flexibility, clarifies legal obligations money_environment_sm

The recently passed Bill C-97 articulates meaningful changes to directors’ duties in Canada. By amending the Canada Business Corporations Act (CBCA), this legislation broadens the class of stakeholders to whom directors must turn their minds when stewarding a corporation. Bill C-97 codifies past judicial treatment of this issue and adds new contours to directors’ legal obligations. Understanding these developments is of vital importance for boards of directors in discharging their legal duties. ... [read more]

Wednesday, August 14, 2019 @ 9:25 AM

Critical privacy update for charities and not-for-profits charity_information_sm

As many charities and not-for-profits (NFPs) across Canada are in control of a great deal of personal information, particularly relating to donors, employees, clients and volunteers, it’s important to be mindful of privacy law developments. The following is a brief overview of select privacy issues that could have implications for charities and NFPs. ... [read more]

Wednesday, August 14, 2019 @ 8:25 AM

Board of directors’ climate change checklist: Part one businesswoman_checklist_sm

In the last couple of months, regulation on climate change has taken centre stage. In July there were hearings in the U.S. to amend the Securities Exchange Act of 1934 to require issuers to disclose certain activities relating to climate change, and on Aug. 1 the Canadian Securities Administrators issued guidance (CSA Staff Notice 51-358: Reporting of Climate Change-related Risks) to issuers on reporting of climate-related risks. ... [read more]

Monday, August 12, 2019 @ 1:25 PM

Ontario courts continue to recognize intermediate category of worker employeesshakinghands

Recent case law on the distinction between an employee and independent contractor for wrongful dismissal purposes would suggest that even if the court does not find the individual to be an employee, it might nonetheless apply to the worker an intermediate status, imposing a reasonable notice of dismissal requirement. ... [read more]

Monday, August 12, 2019 @ 8:52 AM

Don’t ignore these two misunderstood arbitration concepts jigsaw_pieces_sm

The concepts ex aequo et bono and amiable compositeur, which are found in the International Commercial Arbitration Act of all Canadian jurisdictions, are rarely included in Canadian arbitration agreements, due largely to a lack of understanding by lawyers on their legal significance. ... [read more]