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  • Article

    Shifting Burdens: OHS Prosecutions May Be Getting Harder For The Crown

    A recent decision of the Alberta Court of Appeal may make it more difficult for the Crown to prove general duty offences under occupational health and safety legislation in Alberta.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Showing Penis Pictures To Supervisor Justified Termination Of Long Service Employee

    Attitudes towards sexual harassment have changed in recent years.
    CanadaEmployment and HR
    Fasken
    Fasken
Article

Silence As Acceptance When Company Sold

Employees may believe that a change in ownership of a company results in a change in the terms of employment and requirement for a new employment contract.
CanadaEmployment and HR
Fasken
Fasken
  • Article

    The HR Space: Court Moves Away From Expansive Interpretations Of Occupational Health And Safety Legislation

    Recently, courts across Canada seem to be expanding the application and coverage of occupational health and safety legislation - providing broad and liberal interpretations of legislation.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: Health And Safety Coordinator Convicted And Fined

    It is commonplace for companies and supervisors across Canada to be charged and convicted with respect to health and safety offences.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: Mysteries Of Mitigation: Narrowing Of An Employee’s Duty To Mitigate

    It has been a fundamental principle of employment law that terminated employees generally have an obligation to seek alternate employment to minimize or mitigate their resulting losses.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: Post-Termination Disability Benefits Reduce Severance Pay

    Severance obligations can of course be costly for employers. An often-tricky issue is the impact of post-termination income on the obligations of the terminating employer.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The Wash Cloth Defence: Employer Fails To Prove Cause Based On Alleged Resident Abuse

    Residents in long-term care homes deserve care free from abuse by employees of the facility.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Tough Times And Pension Funding In Canada: Lessons From Slater Steel

    The decision of the Ontario Court of Appeal earlier this year in "Slater Steel" exposed 10 directors and officers to possible personal liability of $20 million with no meaningful recourse against the insolvent Slater Steel or its assets.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Understanding Employer Duties: A Case Study On Workplace Accommodation And Termination

    The Human Rights Tribunal of Ontario (the "Tribunal") recently considered the delicate balance between accommodating employees with disabilities and managing performance issues.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    BC Hydro Power Call Insights Key Details From The Phase 1 Engagement Summary Report

    On September 13, 2023, BC Hydro released the Phase 1 Engagement Summary Report ("Phase 1 Report") in the lead-up to its 2024 Call for Power ("Call").
    CanadaEnergy and Natural Resources
    Fasken
    Fasken
  • Article

    Recharging The British Economy: The New UK Battery Strategy And Critical Minerals

    The long-awaited UK battery strategy landed today, setting out HM Government's vision for the UK to achieve a globally competitive battery supply chain by 2030: UK battery strategy - GOV.UK (www.gov.uk).
    CanadaEnergy and Natural Resources
    Fasken
    Fasken
  • Article

    Canada Announces Creation Of A Federal Plastics Registry

    On the eve of the fourth session of the United Nations Intergovernmental Negotiating Committee (or INC-4) on Plastic Pollution in Ottawa, the Federal Government announced the creation...
    CanadaEnvironment
    Fasken
    Fasken
  • Article

    Budget 2019 And What It Means For The Administration Of Estates

    The first budget of Ford's Ontario government was introduced on April 11, 2019. The 2019 Budget includes proposed changes to the Estates Administration Tax Act, 1998, and an associated Regulation, ...
    CanadaFamily and Matrimonial
    Fasken
    Fasken
  • Article

    2024 Federal Budget: Highlights Affecting Financial Services

    The 2024 Federal Budget targets three main areas related to financial services regulation: housing affordability; opportunities relating to digital innovation...
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    Additional Proficiency Options For Distributing Alternative Mutual Funds

    On January 3, 2019, the final phase of the Canadian Securities Administrators ("CSA")'s Modernization of Investment Fund Product Regulation Project relating to the ...
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    Canadian Securities Regulators Publish Additional Relief Orders To Provide Market Participants Relief From Reporting Deadlines During COVID-19

    Market participants need to comply with the conditions set out in the New Blanket Orders to use the extensions.
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    CSA Issues Staff Notice Regarding Maintenance Of The Current Corporate Governance Regime

    The Canadian Securities Administrators (the "CSA") has recently issued Staff Notice 58-305 – "Status Report on the Proposed Changes to the Corporate Governance Regime" (the "Notice").
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    CSA Publishes Final Version Of National Instrument Regarding The Use Of Client Brokerage Commissions

    On October 6, 2009, the Canadian Securities Administrators (the "CSA") released the final version of National Instrument 23-102 – Use of Client Brokerage Commissions ("NI 23-102") and related Companion Policy 23-102CP.
    CanadaFinance and Banking
    Fasken
    Fasken
  • Article

    CSA Staff Consultation Note 45-401 Review Of Minimum Amount And Accredited Investor Exemptions

    On November 11, 2011, Canadian Securities Administrators ("CSA") staff issued for public consultation Note 45-401 – Review of Minimum Amount and Accredited Investor Exemptions.
    CanadaFinance and Banking
    Fasken
    Fasken
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