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  • Article

    What’s The Difference Between A Graduate Student And An Employee?

    In Rizak v. M.N.R., the Tax Court of Canada considered this question and determined, on the facts, that a graduate student performing research at the University of British Columbia was an employee for the purposes of the Employment Insurance Act.
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Consumer Credit Directive Implementation Project

    With one of the biggest consumer finance teams in the City, Salans continues to be hailed as a leader in the field. From credit cards to cars, the team offers broad contentious and non-contentious experience throughout the sector.
    United KingdomConsumer Protection
    Salans LLP
    Salans LLP
  • Article

    Court Affirms Standard Of Review For Decisions Of Securities Commissions Is Reasonableness

    The Appellants, Sanji Sawh and Vlad Trkulja, who were both mutual fund dealers and exempt market dealers, founded Investment House of Canada ("IHOC") in 2003.
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Court Upholds AGM Chair’s Rejection Of Proxies Due To Material Misrepresentations In The Dissidents’ Circular

    In Hastman v. St. Elias Mines Ltd., 2013 BCSC 1069, dissident shareholders, with proxies representing over 90% of the vote, attended the Annual General Meeting of St. Elias Mines Ltd.
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Lessons On Work-Related Fraud And Abuse

    The Report is based on a global study of 1,483 cases of occupational fraud, which occurred in over 100 countries, including Canada.
    CanadaCriminal Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employee Dismissed For Demanding Bonus And Saying That Employer "Could Fire Him", Not For Raising Safety Concerns, Court Decides

    An employee’s demand for a bonus and assertion that his employment relationship would not be "fruitful" and that his employer could fire him, was the reason for his dismissal.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employer Did Not Discourage Workers From Reporting Accidents To WSIB: WSIAT

    A worker who delayed reporting an alleged workplace accident has claimed that his employer discouraged employees from reporting, but the Ontario Workplace Safety and Insurance Appeals Tribunal has rejected that claim.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Lawyer's Harassment Investigation Report Was Not Solicitor-Client Or Litigation Privileged: Union Entitled To A Copy, Says Arbitrator

    The mere fact that a lawyer prepared an investigation report does not make it privileged, a labour arbitrator has held, granting the union's request for a subpoena to obtain the report.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    OLRB Agrees To Hear Another Harassment Case

    The debate continues as to whether the Ontario Labour Relations Board has jurisdiction to hear harassment-reprisal complaints under the Occupational Health and Safety Act, but another Vice-Chair of the OLRB has said "yes".
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Post-Accident Remedial Measures Were A "Small Bit Of Common-Sense Engineering", Relevant Evidence In Finding Company Guilty Of OHSA Offences

    An employer's post-accident efforts to fix a safety issue were relevant to the issue of whether it had violated the Occupational Health and Safety Act at the time of the accident, an Alberta judge has held.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Supplier Facing OHSA Charges Alleging That Machine Unsafe

    We don’t often hear of Occupational Health and Safety Act charges against suppliers alleging that their machines or equipment were unsafe for use in workplaces.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Technology In The Workplace - A Brief Overview

    Even the best HR professionals can sometimes use a reminder of best practices when it comes to the use of technology in the workplace.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "Zero Tolerance", Automatic Suspension Approach To Safety Violations Criticized, Written Warning Substituted

    Employers are increasingly taking a "zero tolerance" approach in which a minimum level of discipline – whether a suspension or dismissal – is imposed for certain serious safety violations.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Significant Changes To Canada's Foreign Investment Review Process

    On March 25, 2015, the Government of Canada announced significant amendments to the Investment Canada Act, including changes to the thresholds for review, to the disclosure requirements associated with notification and review filings, and to the timeline for reviews of investments that may be injurious to national security.
    CanadaGovernment, Public Sector
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Canada Introduces Asset Freeze Against Ukraines Former Regime

    On March 5, 2014, at the request of Ukraine’s Prosecutor General, the Government of Canada imposed targeted economic sanctions against former Ukrainian President Viktor Yanukovych, members of his family, close associates, and senior officials in his regime pursuant to the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations (the "Regulations") under the Freezing Assets of Corrupt Foreign Officials Act (FACFOA).
    CanadaInternational Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    More Guidance From The CRA On Bitcoin Activities and Transactions

    The CRA has issued further guidance on the Canadian tax issues arising in respect of the virtual currency.
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Tax Court: Storage Not A "Small Business"

    The small business deduction is a tax-preference provided to certain privately-held Canadian corporations, and only in respect of certain types of income.
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Will The Tax Court Of Canada Entertain A Determination Of A Question Of Law Where The Focus Is On Future Assessments?

    In a recent case, Justice Judith Woods of the Tax Court of Canada shed light on the requirements for making an application for a determination of a question of law under Rule 58 of the Tax Court of Canada Rules.
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Promise Delivered, Details To Follow...

    The Extractive Sector Transparency Measures Act (the Act) was proclaimed in force by the Government of Canada on June 1, 2015.
    CanadaEnergy and Natural Resources
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Canada’s Anti-Spam Law – Not Just For Canadians

    Canada's Anti-Spam Law enters into force on Canada Day, July 1. It was passed in 2010 as a "made-in-Canada" solution to "drive spammers out of Canada".
    CanadaPrivacy
    Dentons Canada LLP
    Dentons Canada LLP

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