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  • Article

    Government Of Canada Consults On Tools To Address Corporate Wrongdoing

    Many jurisdictions around the world have implemented frameworks to deter and address the consequences of criminal and quasi-criminal business practices by corporations
    CanadaCriminal Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Managing Corporate Risk When Employee Fraud Is Suspected

    When a company first becomes aware of financial irregularities in its business, the first reaction is usually to get to the bottom of the concerns.
    CanadaCriminal Law
    Scott Venturo Rudakoff LLP
    Scott Venturo Rudakoff LLP
Article

Can A Defendant Be Charged Criminally After Pleading Guilty To OHSA Charges?

One of the most interesting questions that arose after the Bill C-45 amendments to the Criminal Code, is whether a defendant could face criminal charges after pleading guilty or being convicted of charges under provincial OH&S legislation.
CanadaEmployment and HR
Stringer LLP
Stringer LLP
  • Article

    Employer Ordered By Ontario Superior Court To Pay $2.6 Million For OHS-Related Criminal Negligence

    n August 2017 the Ontario Superior Court of Justice ordered Detour Gold Corp. to pay a fine of $1.4 million after it pleaded guilty to a charge of criminal negligence causing the death of an employee.
    CanadaEmployment and HR
    Langlois Avocats
    Langlois Avocats
  • Article

    Lessons Learned From The Metron Construction Saga

    In August 2009, Metron was retained to repair concrete balconies on two high-rise apartments.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    No Personal Environmental Conviction Without Knowledge Or Participation

    The Ontario Ministry of the Environment has insisted that management personnel are automatically liable for corporate environmental offences, and has laid numerous charges on this basis.
    CanadaEnvironment
    Siskinds LLP
    Siskinds LLP
  • Article

    President Guilty In Christmas Eve Fatalities' Charges: Metron Construction Pleads Guilty To OHS Criminal Negligence

    On Friday, June 15, 2012, Metron Construction entered a guilty plea to one charge of criminal negligence causing death under the Criminal Code as amended by Bill C-45. At the same time, its President, Mr. Joel Swartz, P.Eng. pleaded guilty to four contraventions of the Ontario regulatory statute, Occupational Health and Safety Act (OHSA).
    CanadaCriminal Law
    Gowling WLG
    Gowling WLG
  • Article

    A Summary: The Recent Spate Of Insider Trading Acquittals In Alberta

    The July 8 2014 acquittal of Rengam Rajaratnam in New York District Court ended a long streak of insider trading convictions in that jurisdiction.
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Automatic Share Purchase and Disposition Plans May Protect Against Charges of Illegal Insider Trading

    Given the focus on corporate ethics, many public companies have instituted extensive blackout periods during which insiders are prohibited from trading in securities of the company. Blackout periods usually span quarter-ends, year-end and other periods during which there may be material information about the company that is undisclosed.
    CanadaCriminal Law
    Torys
    Torys
  • Article

    Collecting On A Loss Following An Employee Fraud

    In our last article - Mitigating the Company's Risk After an Employee Fraud - we discussed a few of the steps a company should take to preserve evidence, protect its position pending litigation, as well as some costs and benefits ...
    CanadaCriminal Law
    Scott Venturo Rudakoff LLP
    Scott Venturo Rudakoff LLP
  • Article

    Conviction About Convictions - How Not To Gauge Success In The Prosecution Of Corporate And White Collar Crime

    In light of the recent decision of R v. Dunn, in which the former CEO, CFO, and Controller of Nortel Networks Inc. were acquitted of fraud, the question of whether Canada is a tough jurisdiction for corporate criminals has again become a subject of popular discussion.
    CanadaCriminal Law
    DLA Piper
    DLA Piper
  • Article

    Updated Canadian Cartel Immunity And Leniency Program

    The Commissioner of Competition, who is the head of the Bureau, is responsible administering and enforcing of Canada's Competition Act (the "Act"), including its criminal cartel provisions.
    CanadaAntitrust/Competition Law
    Goodmans LLP
    Goodmans LLP
  • Article

    Bill C-474: Transparency In The Mining Industry

    In the first quarter of 2013, Liberal MP John McKay sponsored the first reading of Bill C-474 in Canada’s Parliament which, according to him, is meant to fight corruption, encourage transparency and promote increased accountability within mining corporations.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    The Self Reporting Calculus For Foreign Corrupt Practices - The Math Is Still Opaque In Canada

    The nature, quality and extent of cooperation required to achieve significant leniency or avoid an enforcement action remains a difficult guessing game in Canada's foreign corruption enforcement regime.
    CanadaCriminal Law
    Cassels
    Cassels
  • Article

    Will Stock Options Backdating Scandals Come To Canada?

    The scandals surrounding the backdating of stock options continue to mount in the United States. In testimony before the Senate Committee on Finance, the director of the Division of Enforcement of the U.S. Securities and Exchange Commission (SEC) revealed that as of September, this division was investigating over 100 companies for possible fraudulent reporting of stock option grants.
    CanadaCriminal Law
    Torys
    Torys
  • Article

    Workplace Injuries And Risk Regarding Companies' Criminal Responsibility

    Since the amendments to the Criminal Code in 2004, Parliament armed itself with an arsenal of legal weapons aiming to facilitate criminal prosecutions against organizations in case of workplace injuries.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Canadian Federal Government Moderates "Integrity Framework" Penalties

    The Government of Canada has introduced amendments to its "Integrity Framework" to moderate the harsh impact of debarment policies that prevent companies from bidding on federal government contracts...
    CanadaGovernment, Public Sector
    Goodmans LLP
    Goodmans LLP
  • Article

    Tax Court Rules Amounts Paid Out Of Ponzi Scheme Not Taxable

    The tax treatment of amounts paid out of failed Ponzi schemes is once again in the news.
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    3 Reasons For Directors, Officers And Supervisors To Take Occupational Health And Safety Personally

    Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations.
    CanadaCorporate/Commercial Law
    McInnes Cooper
    McInnes Cooper
  • Article

    Canada Sharpens Its Teeth To Take A Bite Out Of Bribery

    The federal government has recently tabled amendments to the Corruption of Foreign Public Officials Act which, if passed, would give Canada a much broader reach and pose a more serious threat to Canadians and Canadian businesses who attempt to gain a business advantage through bribery.
    CanadaCriminal Law
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Showing 81–100 of 163 results

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