ArticleSocial Media In The Quebec WorkplaceNo need to reiterate the omnipresence of social media in our daily environment. CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleEmployees’ Rights To Statutory Holidays And Annual Vacation In QuebecIn Quebec, employees’ rights to statutory holidays and annual vacation are governed by the Act Respecting Labour Standards.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCanada And France: Will Legislative Changes Reduce Hostile Bids?On March 31, 2015, the CSA published proposed amendments to Canada's take-over bid regime.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleCase Update On The Common Law Duty To Act HonestlyIn 2014, the Supreme Court of Canada delivered a seminal decision, Bhasin v Hrynew (Bhasin), on common law duties of contractual performance.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleCommon Liquidity Rights In Private Equity Investments In Early Stage CompaniesEarly stage companies face an uphill climb in growing their business and ensuring their viability going forward.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleCSA Announces Fundamental Changes To Venture Issuer DisclosureOn April 9, 2015, the Canadian Securities Administrators (CSA) announced significant changes to the disclosure requirements applicable to venture issuers (the Amendments).CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleInterpreting "Efforts" In Commercial ContractsEncountering the phrases, "best efforts", "reasonable efforts" and "commercially reasonable efforts" in commercial contracts sans definition leaves enough latitude for interpretation to cause uncertainty.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleNew Developments In The Canadian Exempt MarketTwo recent initiatives of the Canadian securities regulators address the need for reporting issuers to raise capital from existing shareholders cost-effectively.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleOntario Securities Commission Releases Results Of Targeted Review Of PMs And EMDsStaff of the Compliance and Registrant Regulation Branch of the Ontario Securities Commission recently released the findings of its largest-ever targeted review of portfolio managers and exempt market dealers.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleTips For Early Stage Companies And Thinking Ahead To An Exit: Part 2In part 1 of this series, I discussed the importance of setting a good legal groundwork for an early-stage company, focusing on the areas of intellectual property, capital raising and employee relations.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleWhen And How To Use Fiduciary Out ClausesA typical "fiduciary out" clause gives the board of directors of a target company the ability to consider, and if applicable accept, an unsolicited competing bid that the board has determined is more favourable than the incumbent transaction.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleAdministrative Suspension: Paid Or Unpaid?For a long time, there hasn’t been any debate about an employer’s right to use temporary suspension without pay as a disciplinary measure.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleNo Restraint: Ontario Superior Court Confirms Deferred Compensation Can Be Forfeited On ResignationAs an incentive to encourage employee loyalty, many employers offer deferred compensation to employees: stock options, restricted share units and the like.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleOnly Insurers Barred From SubrogationSection 570 of Alberta’s Insurance Act eliminates the right of insurers providing income continuation or replacement benefits to subrogate against automobile insurers.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleTribunal Finds Age Discrimination In Job Application FormIn Kosovic v Niagara Caregivers and Personnel Ltd ("Kosovic"), the Ontario Human Rights Tribunal held that a recruitment agency’s job application form that asked for the applicant’s date of birth contravened the Ontario Human Rights Code.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleWhat Protection Do Employees Have Against Discrimination On The Ground Of Age In Québec?Both the Québec Charter of Human Rights and Freedoms as well as the Canadian Charter of Rights and Freedoms provide for the right not to be discriminated against on the ground of age.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleWorkplace Injuries And Risk Regarding Companies' Criminal ResponsibilitySince the amendments to the Criminal Code in 2004, Parliament armed itself with an arsenal of legal weapons aiming to facilitate criminal prosecutions against organizations in case of workplace injuries.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleNegotiating Development Agreements In Tough TimesAttention has shifted to the perennial debate about the equitable allocation of natural resource wealth among key stakeholders.CanadaEnergy and Natural ResourcesNorton Rose Fulbright Canada LLP
ArticleApril 2015 Investment Funds Practitioner: Issues And TipsThe Ontario Securities Commission (OSC) recently released a new edition of the Investment Funds Practitioner, providing an overview of recent issues arising from applications for exemptive relief, prospectuses and continuous disclosure documents filed by investment funds. CanadaFinance and BankingNorton Rose Fulbright Canada LLP