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  • Article

    Update: Changes Affecting Ontario's Not-For-Profit Sector Come Into Effect

    Bill 154 passed third reading on November 1, 2017 and received Royal Assent on November 14, 2017.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    CRA Can Examine Items Seized During Criminal Investigation Before Validity Of Search Warrant Confirmed

    The Canada Revenue Agency ("CRA") can examine and make copies of items seized by the Royal Canadian Mounted Police ("RCMP") pursuant to search warrants issued during a criminal investigation...
    CanadaCriminal Law
    Fasken
    Fasken
  • Article

    Jail Term For Construction Superintendent Upheld By Court Of Appeal

    On January 20, 2018, the Court of Appeal for Ontario released its decision in the Appeal of Vadim Kazenelson ("Kazenelson") both his conviction and sentence appeal. Kazenelson was the Project Superintendent/Manager for the Metron Construction Incorporated ("Metron") project in Toronto that went terribly wrong on December 24, 2009.
    CanadaCriminal Law
    Fasken
    Fasken
  • Article

    Canada Summer Jobs Program Temporarily Changed In Response To COVID-19

    The federal government has announced temporary changes to the Canada Summer Jobs program in an effort to encourage youth employment during the COVID-19 pandemic.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Changes To BC Workers Compensation Act And Impact On Mental Health Claims

    Bill 23, the Workers Compensation Amendment Act, 2020 received royal assent on August 14, 2020.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Guarding Your Rights The Importance Of Inspector Certification During OHSA Inspections

    Section 28 of the Occupational Health and Safety Act (‘OHSA') requires that inspectors are furnished with a certificate signed by or on behalf of the Minister designating them as inspectors and outlining any limitations.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Nova Scotia Employer Acquitted In Westray Bill Prosecution

    The court heard the testimony of eleven prosecution witnesses.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Significant OHSA Penalties For Company And Director And Officer Serve As A Warning Of Future Prosecution Trends

    On January 13, 2022, five employees of Eastway Tank, Pump and Meter Ltd. (the "Employer") were killed in an explosion at the worksite.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: Ex-Employee To Pay Employer

    When an employee fails to fulfill his functions as expected, the ultimate consequence is a termination of employment "for cause", which implies that no notice or other severance is paid to him by the employer.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: When Does Post-Termination Conduct Amount To Cause?

    Can an employer justify an employee’s dismissal for acts committed after he or she has been fired?
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    When Are Mandatory Arbitration Clauses Unenforceable?

    There is a proposed class action lawsuit against Uber in Ontario.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Working From Home: Occupational Health And Safety Implications

    Employers should consider reasonable steps to ensure the health and safety of workers that work from home in both types of jurisdictions.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    “Courts Lack The Capacity To Resolve These Issues”: US Court Dismisses Private Law Climate Case Against Utility Company

    In a case of first impression, a North Carolina court has dismissed a climate lawsuit brought by the town of Carrboro against a public utility company, finding that the matters raised in the claim were not justiciable or, in other words, inappropriate for determination by a court.
    CanadaEnergy and Natural Resources
    Fasken
    Fasken
  • Article

    Welcome To The 21st Century - Electronic Filing Of Probate Applications Now Permitted In Ontario

    Early in 2020, the Ministry of the Attorney General introduced changes to modernize the operation of the Ontario Superior Court of Justice ("Court") throughout the province...
    CanadaFamily and Matrimonial
    Fasken
    Fasken
  • Article

    CSA Prohibits Sale Of Binary Options

    Subject to the necessary approvals, the Instrument will come into force on December 12, 2017.
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    Further Proposed Changes To Canadas AML Regime

    On February 18, 2023, the Department of Finance announced proposed changes (the "Amendments") to regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the "PCMLTFA").
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    Mitigating Risk In The Canadian Banking Industry – And How It Differs From The US

    For many emerging technology companies, the collapse of Silicon Valley Bank has led to many questions around the differences between the Canadian and US banking systems.
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    Options For Your Institutional Team To Use Corporate Titles

    A hotly debated issue during the roll-out of the Client Focused Reforms (CFR) was the new ban on the use of corporate titles by individuals at registered firms who are not formally corporate officers of their firms.
    CanadaFinance and Banking
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    Fasken
  • Article

    Regulatory Burden Reduction For Pooled Fund Managers

    On June 11, 2019, the Ontario Securities Commission (the "OSC") published Revised Approval 81-901 Mutual Fund Trusts: Approval of Trustees Under Clause 213(3)(b) of the Loan and Trust Corporations Act ...
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    Administrative Drug Submissions To Be Excluded From The PM(NOC) Regulations?

    Health Canada recently released proposed revisions to its Patented Medicines (Notice of Compliance) Regulations guidance document that, if implemented, will exclude certain administrative drug submissions (e.g., where a licensee cross-references a licensor's drug submission) from the scope of section 5 of the PM(NOC) Regulations. Section 5 of the Regulations sets out requirements that a second person (typically a generic manufacturer) must comply with in submissions seeking a NOC for a drug that
    CanadaFood, Drugs, Healthcare, Life Sciences
    Fasken
    Fasken

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