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  • Article

    Your Partners Are Not Your Employees: Supreme Court Of Canada Clarifies The Application Of The Control/Dependency Test

    John McCormick, an equity partner in the law firm Fasken Martineau DuMoulin LLP, filed a complaint with the British Columbia Human Rights Tribunal.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Documents Of Dissolved Company Remained Privileged Unless No Prospect Of Company Being Restored To The Register

    A High Court Master has found that the court must maintain privilege in the documents of a dissolved company unless and until there is no prospect of the company being restored to the register:
    United KingdomCorporate/Commercial Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Global Reach For Data Governance Law

    We have always covered international legal developments on this blog because e-commerce and m-commerce are not confined to geographical boundaries and because there is much to be learned from other jurisdictions in this evolving area of the law.
    CanadaPrivacy
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    McIntyre: Not What You Bargained For?

    When are the parties to a civil tax dispute bound by agreed facts from a criminal proceeding?
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    AMF Publishes Consultation Paper On Alternative Approach To Securities Regulators’ Intervention In Defensive Tactics

    The Autorité des marchés financiers has published a consultation paper inviting comments on an alternative approach to that contemplated by the Canadian Securities Administrators.
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Crowdfunding: Update From The CRA

    In a short technical interpretation (CRA Document 2015-0579031I7 "Crowdfunding" (April 1, 2015)), the CRA has restated its views on the tax treatment of amounts raised via crowdfunding arrangements.
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Important Changes To Offerings To Existing Security Holders And Rights Offerings And Their Impact On The Mining Sector In Canada

    Two important developments were announced today that affect how Canadian reporting issuers can raise capital from their existing security holders...
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Junior Mining: OSC Issues Guidance On MD&A Disclosure

    On February 6, 2014, the Ontario Securities Commission released OSC Staff Notice 51-722 Report on a Review of Mining Issuers’ Management’s Discussion and Analysis Guidance.
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    OSC Staff Notice 43 705, Review Of Technical Reports By Ontario Mining Issuers

    The OSC issued recently Staff Notice 43‑705 addressing OSC concerns with respect to disclosure in technical reports.
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Case Bulletin: R v Karigar, 2014 ONSC 3093

    For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official.
    CanadaCriminal Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    $750K Fine For "Extreme" Criminal Negligence: "More Serious" Than OHSA Offences, Says Appeal Court In Metron Construction Fatality Case

    A $200,000.00 fine was "manifestly unfit", the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    3 1/2 Years In Prison For Metron Project Manager, Kazenelson, After Criminal Negligence Conviction

    Vadim Kazenelson, the project manager for Metron Construction, was sentenced today to 3½ years in prison for criminal negligence.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Aggravated Damages Awarded Under OHSA For Retaliatory Firing

    An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee in retaliation for raising safety issues.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Alcoholic Employee Reinstated After Employer's Compassionate Approach Put In Question Seriousness Of Previous Warnings

    There is an old, and somewhat cynical saying, that no good deed goes unpunished. While I personally disagree with that saying, one employer must believe it after a decision it received.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Creed And Association: Breach Of Human Rights Leads To Harsh Penalties

    The decision in H.T. v ES Holdings Inc. o/a Country Herbs ("Country Herbs") 2015 HRTO 1067 (CanLII) serves as a reminder to employers of the significant liability that they face when a claim of discrimination is made out.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Direct Evidence Of Discrimination Not Required: Ontario Human Rights Tribunal

    Direct evidence of discrimination is not required for an employee to succeed before the Human Rights Tribunal of Ontario, the Tribunal has decided.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Disabled Employee Who Lied About Ability To Work Was Fired For Cause

    An employee who lied to and misled her employer about her ability to perform her work as a reporter, was fired for just cause, and arbitrator has held.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    E-Mails Sink Employer In Safety-Retaliation Case: "Carefully Chosen Ruse" Found

    An employer's internal e-mails showed that a "professional standards investigation" conducted on an employee was actually a retaliation for the employee's work refusal, an adjudicator has held, finding a violation of the Canada Labour Code.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employer Should Have Fixed Safety Issue Before Accident, Not After: Safety Fix Did Not Merit Lower Fine

    An employer’s corrective action taken after an accident did not entitle it to a reduced fine under the "Occupational Health and Safety Act".
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Engineer Now Facing Both Criminal Negligence, OHSA Charges In Mall Collapse

    Police have laid criminal negligence charges against a professional engineer in relation to the Elliot Lake mall collapse in June 2012.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP

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