ArticleIs Sex Addiction A Disability?Can a unionized employee be fired for masturbating at work or is there a duty for the employer to accommodate this conduct as a sex addiction?CanadaEmployment and HRFasken
ArticleOld But Still Kicking: A Labour Court Decision On Mandatory Retirement Policies (Viljoen v Peninsula Plumbing And Engineering Works (Pty) Ltd)Mr P Viljoen had his 60th birthday coming up in October 2020. On 28 September 2020, a few weeks before his 60th birthday, his employer informed him that he was due to retire...CanadaEmployment and HRFasken
ArticleCompetition Bureau Announces Market Study Of Canada's Digital Health Care SectorIn light of the COVID-19 pandemic, Canadians have increasingly turned to digital means to access and obtain health care services. CanadaFood, Drugs, Healthcare, Life SciencesFasken
Article#Election44 Daily Update – Friday, September 3, 2021The federal party leaders took something of a break from campaigning on Thursday as they prepared for their first televised debate in Montreal.CanadaGovernment, Public SectorFasken
ArticleAppeal Underway In The Nuchatlaht's Aboriginal Title ClaimThe Nuchatlaht have recently appealed the trial decision in their Aboriginal title case. In April 2024, the Nuchatlaht were granted title to roughly 11 square kilometres on the northwestern part of Nootka Island.CanadaGovernment, Public SectorFasken
ArticleCourt of Appeal Dismisses Canadian Franchise Association’s Motion to Intervene in the Dunkin’ Donuts MatterThe decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.CanadaLitigation, Mediation & ArbitrationFasken
ArticleDispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #1 - Using Model Arbitration Clauses And "Administered" ArbitrationsThe purpose of this bulletin, the first in our "Dispute Resolution Clauses - Two Minute Drafting Tips" series, is to provide parties involved in negotiating commercial agreements with quick...CanadaLitigation, Mediation & ArbitrationFasken
ArticleDefamation And HyperlinksOn October 19, 2011, the Supreme Court of Canada issued an important decision regarding application of the law of defamation to Internet hyperlinks that lead to defamatory material.CanadaMedia, Telecoms, IT, EntertainmentFasken
ArticleNew Technical Amendments Permit Non-Canadian Trust Units Including ETFs To Be Qualified SecuritiesOn October 24, 2012, the Minister of Finance (Canada) tabled a Notice of Ways & Means Motion (the "Notice of Ways & Means Motion") containing almost 1000 pages of technical amendments to the Income Tax Act (Canada) (the "ITA"). CanadaTaxFasken
ArticleBuying An Aircraft? Canada's New Mega Deduction Could Change The EconomicsEarlier this year, in our What to Expect for 2026 in the Aviation Sector in Canada bulletin, we noted that 2026 would likely become a defining year for tax planning in the Canadian business aviation sector. Recent developments appear to confirm that predictionCanadaTransportFasken
ArticleCompetition Bureau Releases Draft Model Timing AgreementAs mentioned in our prior blog post titled Commissioner Points to More Active Enforcement, Greater Transparency and Refined Approach to Efficiencies DefenceCanadaAntitrust/Competition LawFasken
ArticleThe HR Space: A Deal Or Not?You’ve terminated an employee’s employment without cause and offered a reasonable package. CanadaEmployment and HRFasken
ArticleThe HR Space: Employers Now Responsible For Job Training CostsEmployers are being required to take on further costs, this time in relation to potential employees. How? Through the Federal Government’s 2013 Budget, released March 21, 2013. CanadaEmployment and HRFasken
ArticleCrossing Borders: The Inclusion Of Foreign Drug Reviews In Canadian Data PackagesIn October 2011, Health Canada implemented a pilot project for the use of foreign review assessment information when evaluating health products seeking market authorization in Canada. CanadaFood, Drugs, Healthcare, Life SciencesFasken
Article"Keeping Up With The Joneses": Proposed Amendment To The Food And Drug Regulations Seeks To Extend Good Manufacturing Practices Requirements To All Active IngredientsAn amendment to the Food and Drug Regulations has been proposed that would extend the good manufacturing practices (GMP) requirements for drugs to all active ingredients (AI); extend drug establishment licensing requirements to those carrying out various activities involving AI; and create a new record-keeping requirement to facilitate the ability to trace AI from the original fabricator to the dosage-form drug manufacturer. CanadaFood, Drugs, Healthcare, Life SciencesFasken
Article#Election44 Daily Update – Tuesday, September 14, 2021Bloc Québécois leader Yves-François Blanchet was in Quebec's Gaspé region on Monday proposing a more transparent and impartial process for appointing judges.CanadaGovernment, Public SectorFasken
ArticleCourt Of Appeal Decision Highly Awaited On the Authorization To Institute An Action Under The Secondary Market Liability Provisions Of Section 225.4 Of The Securities ActOn February 24, 2012, the Superior Court rendered the first decision in Quebec on the application of the new provisions of the Securities Act (the "Act") regarding secondary market liability (121851 Canada inc. c. Theratechnologies inc. – available in French only). CanadaLitigation, Mediation & ArbitrationFasken
ArticleDispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #5 - The Importance Of Considering Emergency Measures In Dispute Resolution ClausesThe purpose of this bulletin, the fifth in our "Dispute Resolution Clauses - Two Minute Drafting Tips" series, is to provide parties involved in negotiating commercial agreements with quick...CanadaLitigation, Mediation & ArbitrationFasken
ArticlePAAB Revisions: Real-World Evidence In AdvertisingThis article provides an update to our series on the use of real-world data ("RWD") and real-world evidence ("RWE"). The Pharmaceutical Advertising Advisory Board (PAAB) has published revisions...CanadaLitigation, Mediation & ArbitrationFasken
ArticleWhat Can Happen When One Party Accesses The Other Side's Privileged Information?The Ontario Court of Appeal has decided an important case about what can happen when a party to litigation accesses the other side's privileged communications.CanadaLitigation, Mediation & ArbitrationFasken