ArticlePension and Benefits Law in QuebecEmployer's Acknowledgment of Obligations under a Pension Plan Amendment CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleUnited States Immigration AlertTravellers from visa waiver countries must first obtain pre-approval from the Department of Homeland Security by following the instructions on the Electronic System for Travel Authorization website.CanadaImmigrationNorton Rose Fulbright Canada LLP
ArticleCompetition Policy Review Panel Presents Final Report "Compete to Win"On June 26, 2008, the Competition Policy Review Panel (the "Panel") released "Compete To Win", a report assessing Canada's competitiveness, and in particular Canada's foreign investment and competition policies. CanadaAntitrust/Competition LawNorton Rose Fulbright Canada LLP
ArticleNew Rules On Executive Compensation DisclosureThe CSA has introduced new rules regarding the disclosure of executive compensation which are intended to improve the quality of such disclosure and provide the market with comprehensive information on the value of the total compensation payable to an issuer's executive officers and how such compensation is determined. CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCaveat VenditorSeller beware. Or, more precisely, seller, manufacturer, distributor, importer, advertiser and tester beware. On April 8, 2008, the federal government introduced Bill C-52, the Canada Consumer Product Safety Act.1 This sweeping new legislation will implement a comprehensive regulatory regime for all consumer products other than those regulated under certain federal statutes (such as food, drugs, motor vehicles). CanadaConsumer ProtectionNorton Rose Fulbright Canada LLP
ArticleCriminal Offences And Discrimination In The WorkplaceThe Supreme Court of Canada recently handed down a decision in Montréal (City) v. Québec (Commission des droits de la personne et des droits de la jeunesse) where it examined the rule, set out in Section 18.2 of the Charter of Human Rights and Freedoms (Charter), preventing employers from dismissing or refusing to hire someone owing to the mere fact that that person was convicted of a criminal offence, if that person has been pardoned. CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleSupreme Court of Canada Clarifies Bank Act/Personal Property Security Act Priority SchemeThe Supreme Court of Canada has recently ruled on two priority disputes among secured creditors holding security over personal property.CanadaFinance and BankingNorton Rose Fulbright Canada LLP
ArticleEnforced Self-Regulation: A New Paradigm For Canadian Human Rights Law?Corporate Social Responsibility ("CSR") has been referred to as a form of "self-regulation in the shadow of the law." CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticlePrivacy Laws and Regulations Around the Globe: The Impact on Doing Business InternationallyThe protection of personal information is an important issue as business operations become increasingly global in nature. Coupled with the Internet enabling personal data to be distributed almost instantaneously across the globe, privacy has quickly become a critical international concern that can often be confusing due to a global patchwork of laws and regulations.GlobalPrivacyNorton Rose Fulbright Canada LLP
ArticleGlobal CSR Monitor - Free, Prior and Informed Consent of Indigenous PeoplesThe General Assembly of the United Nations have adopted in September 2007 the "Declaration on the Rights of Indigenous Peoples".CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleBuyer Beware – Acquiring A Union Shop Out Of Bankruptcy Could Leave You In For A SurpriseIn “Bélanger c. Moulin à papier de Portneuf inc.”, the Quebec Court of Appeal ruled that Canadian corporate directors sued under section 119 of the “Canada Business Corporations Act” for the recovery of unpaid amounts owed to unionized employees for accrued vacation could call in warranty a subsequent purchaser of the corporation’s business where the collective agreement and the resulting rights and obligations had been transferred to the subsequent purchaser pursuant to section 45 of the “LabouCanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCorrecting Mistakes in Canadian Patent Maintenance Fee Payments: A Glimmer of HopeThe Federal Court of Canada has set aside a decision of the Commissioner of Patents in which the Commissioner refused to correct a clerical error in the payment of a maintenance fee on a patent.CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticleQuebec Court of Appeal Confirms Consensual Arbitrators' Power to Order Specific Performance of ContractsIn January we published a bulleting concerning Canadian Royalties Inc. v. Nearctic Nickel Mines Inc.CanadaLitigation, Mediation & ArbitrationNorton Rose Fulbright Canada LLP
ArticleMultinational Corporations And Patchwork Privacy Laws: The Facebook DilemmaThe Privacy Commissioner of Canada’s recent report1 in response to complaints filed by the Canadian Internet Policy and Public Interest Clinic (“CIPPIC”) in respect of certain Facebook practices presents an interesting glimpse into the struggles multinational corporations face when attempting to comply with privacy regimes of the multiple jurisdictions in which they operate. CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleImpact Of Information And Communication Technologies On The Labour Code's Anti-Scab ProvisionsFor some years now, the Internet has been changing our behaviour and way of functioning as a society. But has that revolution also had an impact on the scope of our laws? That is the question that arose in connection with two labour disputes, one at the Journal de Québec and the other at the Journal de MontréalCanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleICANN Announces New Expansion Of The Internet Domain Name SystemThe Internet Corporation for Assigned Names and Numbers ("ICANN"), the body in charge of managing the Internet domain name system, recently approved a series of recommendations which could dramatically change the Internet landscape.CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticleProsecution Pitfalls: Have Recent Decisions Raised The Bar For The Duty Of Candour (Inequitable Conduct)?Traditionally, Canada has not had a duty of candour comparable to that of the United States. CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticleFirst Class Action Win For The Pharmaceutical Industry In QuebecOn August 17, 2009, Justice Mark G. Peacock of the Quebec Superior Court ruled in favour of the respondent GlaxoSmithKline Inc. (GSK), represented by Ogilvy Renault, dismissing a Motion for Authorization to Institute a Class Action (the "Motion for Authorization") made by the petitioner on behalf of all persons residing in Canada who have experienced dependency and withdrawal problems owing to the use of the antidepressant medication marketed under the name PAXIL. CanadaLitigation, Mediation & ArbitrationNorton Rose Fulbright Canada LLP
ArticleInternational Bank Regulatory Capital RequirementsBasel Committee on Banking Supervision Publishes Revised Capital Framework and Phase-In PeriodsCanadaFinance and BankingNorton Rose Fulbright Canada LLP