In-House Counsel
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October 24, 2024
Neurodiversity in the workplace
Understanding neurodiversity and recognizing how witnesses process information and communicate can significantly impact the fairness and success of a workplace investigation.
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October 23, 2024
OSC awards $150,000 to international whistleblower
The Ontario Securities Commission (OSC) has awarded $150,000 to an international whistleblower who provided information about significant issues at an early-stage firm, according to an Oct. 23 release.
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October 23, 2024
FINTRAC warns lawyers to be alert to potential money laundering and sanctions-evasion schemes
The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) has published a special bulletin on the use of the legal profession in money laundering and sanctions evasion, warning lawyers and businesses to be alert to the characteristics of financial transactions “that may be associated with the laundering of proceeds of crime through the legal profession.”
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October 23, 2024
Ontario court rules that directors cannot be removed by shareholder proposal
In OneMove Capital Corporation v. Dye & Durham Limited, 2024 ONSC 5114, the court concluded that shareholders may not submit a proposal under s. 99 of the Ontario Business Corporations Act (OBCA) for the purpose of removing a director from office. Section 99 permits a voting shareholder to advance a “proposal” for consideration by shareholders, and such a proposal may include advancing a candidate for election to the board. The court held that a shareholder seeking the removal (as opposed to election) of a director must instead requisition a special meeting of shareholders under s. 105 of the OBCA.
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October 22, 2024
Feds announce changes to temporary foreign worker program, drop lawyer attestations
The federal government has announced tweaks to its temporary foreign worker (TFW) program to help wean Canadian companies off the program and encourage the hiring of more Canadian workers, especially amid high youth unemployment.
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October 22, 2024
B.C. Court of Appeal upholds misconduct finding against lawyer in foreclosure case
The B.C. Court of Appeal has upheld a professional misconduct finding against a veteran Vancouver lawyer who failed to make inquiries when he should reasonably have been suspicious that his client was, or might be, involved in illegal activities.
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October 22, 2024
Court finds arbitrator’s decision on Safeway collective agreement unreasonable
The Alberta Court of King’s Bench has found an arbitrator’s decision regarding grocery employees' wages under a collective bargaining agreement (CBA) unreasonable because direct industry competitors in the province were not considered in comparison.
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October 22, 2024
The law of product liability: Ontario’s listeria scare
When purchasing a product, consumers rely on its design, manufacturing and advertising that these products will be safe to use or consume. Unfortunately, that is not always the case, and consumers are faced with the need to bring a lawsuit for product liability.
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October 21, 2024
Cybersecurity recovery costs for businesses soared to $1.2B in 2023 despite fewer incidents
Canadian businesses spent approximately $1.2 billion on recovery from cybersecurity incidents in 2023, up from approximately $600 million in 2021, despite a decline in the proportion of Canadian businesses impacted by such incidents, according to Statistics Canada's Canadian Survey of Cyber Security and Cybercrime (CSCSC).
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October 21, 2024
Understanding ‘judgment’ in Construction Act appeals
In the recent case of MGW-Homes Design Inc. v. Pasqualino, 2024 ONCA 422 (MGW-Homes), the Ontario Court of Appeal addressed the novel issue of the appropriate appeal route for orders involving the enforceability of adjudicators’ determinations under Ontario’s Construction Act (the Act).