ArticleUpdate: Changes Affecting Ontario's Not-For-Profit Sector Come Into EffectBill 154 passed third reading on November 1, 2017 and received Royal Assent on November 14, 2017.CanadaCorporate/Commercial LawFasken
ArticleCRA Can Examine Items Seized During Criminal Investigation Before Validity Of Search Warrant ConfirmedThe 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 LawFasken
ArticleJail Term For Construction Superintendent Upheld By Court Of AppealOn 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 LawFasken
ArticleCanada Summer Jobs Program Temporarily Changed In Response To COVID-19The 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 HRFasken
ArticleChanges To BC Workers Compensation Act And Impact On Mental Health ClaimsBill 23, the Workers Compensation Amendment Act, 2020 received royal assent on August 14, 2020. CanadaEmployment and HRFasken
ArticleGuarding Your Rights The Importance Of Inspector Certification During OHSA InspectionsSection 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 HRFasken
ArticleNova Scotia Employer Acquitted In Westray Bill ProsecutionThe court heard the testimony of eleven prosecution witnesses.CanadaEmployment and HRFasken
ArticleSignificant OHSA Penalties For Company And Director And Officer Serve As A Warning Of Future Prosecution TrendsOn January 13, 2022, five employees of Eastway Tank, Pump and Meter Ltd. (the "Employer") were killed in an explosion at the worksite.CanadaEmployment and HRFasken
ArticleThe HR Space: Ex-Employee To Pay EmployerWhen 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 HRFasken
ArticleThe 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 HRFasken
ArticleWhen Are Mandatory Arbitration Clauses Unenforceable?There is a proposed class action lawsuit against Uber in Ontario. CanadaEmployment and HRFasken
ArticleWorking From Home: Occupational Health And Safety ImplicationsEmployers should consider reasonable steps to ensure the health and safety of workers that work from home in both types of jurisdictions.CanadaEmployment and HRFasken
Article“Courts Lack The Capacity To Resolve These Issues”: US Court Dismisses Private Law Climate Case Against Utility CompanyIn 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 ResourcesFasken
ArticleWelcome To The 21st Century - Electronic Filing Of Probate Applications Now Permitted In OntarioEarly 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 MatrimonialFasken
ArticleCSA Prohibits Sale Of Binary OptionsSubject to the necessary approvals, the Instrument will come into force on December 12, 2017.CanadaFinance and BankingFasken
ArticleFurther Proposed Changes To Canadas AML RegimeOn 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 BankingFasken
ArticleMitigating Risk In The Canadian Banking Industry – And How It Differs From The USFor 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 BankingFasken
ArticleOptions For Your Institutional Team To Use Corporate TitlesA 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 BankingFasken
ArticleRegulatory Burden Reduction For Pooled Fund ManagersOn 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 BankingFasken
ArticleAdministrative 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 thatCanadaFood, Drugs, Healthcare, Life SciencesFasken