ArticleReducing your Workers' Compensation Costs Through Appeals Makes Good Business SenseThe workers' compensation system in Canada is funded entirely through employer premium payments.CanadaEmployment and HRFasken
ArticleSchool Board Not Liable For Tutor's Sexual Abuse: Vicarious Liability Requires More Than OpportunityIn a recent decision, an appeal court dismissed a claim for vicarious liability against a school board (the "Board") regarding the sexual abuse of a student by a retired teacher during tutoring sessions.CanadaEmployment and HRFasken
ArticleWorking From Home: Occupational Health And Safety ImplicationsEmployers should consider reasonable steps to ensure the health and safety of workers that work from home in both types of jurisdictions.CanadaEmployment and HRFasken
Article“Courts Lack The Capacity To Resolve These Issues”: US Court Dismisses Private Law Climate Case Against Utility CompanyIn a case of first impression, a North Carolina court has dismissed a climate lawsuit brought by the town of Carrboro against a public utility company, finding that the matters raised in the claim were not justiciable or, in other words, inappropriate for determination by a court.CanadaEnergy and Natural ResourcesFasken
ArticleFrom Diplopia To Double Vision: Health Canada’s Plain Language Labeling Project Is A Sight For Sore EyesAccording to Health Canada, over-crowded and confusing drug labels, unclear instructions, and similarities between packages and names are the primary cause of medication errors in Canada.CanadaFood, Drugs, Healthcare, Life SciencesFasken
ArticleOverview Of The Progressive Conservative Party's Healthcare PlatformFollowing yesterday's provincial election results, this bulletin summarizes the Progressive Conservative's platform on healthcare in Ontario ...CanadaFood, Drugs, Healthcare, Life SciencesFasken
Article#Election44 Daily Update – Tuesday, August 31, 2021Bloc Québécois leader Yves-François Blanchet was in Montreal on Monday discussing the Bloc Québécois's plan to facilitate the integration of immigrants in Quebec. CanadaGovernment, Public SectorFasken
ArticleDeveloping Diversity In Federal Contracting – PSPC Launches Coaching Service For Bidders From Diverse GroupsPublic Services and Procurement Canada (PSPC) recently launched a new procurement assistance coaching service to increase supplier diversity in federal procurement. Businesses that are majority-owned by Indigenous persons...CanadaGovernment, Public SectorFasken
ArticleInvestors: Expect Delays AheadThe extension power proposed in the TLPA may be invoked up to September 30, 2020 and may have retroactive effect to March 13, 2020. CanadaGovernment, Public SectorFasken
ArticleLatest Updates On Bill C-15 (the UN Declaration On The Rights Of Indigenous Peoples Act) - (June 2021)After passing its Second Reading in the Senate on June 3, 2021, Bill C-15 was sent to the Standing Committee on Aboriginal Peoples to be reviewed on June 7, 2021. CanadaGovernment, Public SectorFasken
ArticleInsurers Could Pull Back From AI Coverage - What It Means For BusinessesAs organizations rapidly adopt generative and agentic AI across their operations, an important counter-movement is emerging: insurers are apparently seeking to limit or exclude coverage for AI-related risks. CanadaInsuranceFasken
ArticleNon-Traditional Trademarks: The Fashion Industry's Classic & Modern OptionsA registered trademark is a valuable asset. It grants the exclusive right to use the trademark across Canada. Without registration, protection is limited to the territory...CanadaIntellectual PropertyFasken
ArticleVoltage Holdings, LLC V Doe #1 And Evidentiary Requirements In Copyright InfringementThe Federal Court of Appeal recently released its decision in Voltage Holdings, LLC v Doe #1, in which the court affirmed the minimum evidentiary requirements to establish direct...CanadaIntellectual PropertyFasken
ArticleWho Really Benefits From Canada's Impending Copyright Term Extension?It is now official. As of December 30, 2022 the term of protection for copyrighted works will be extended by 20 years to match earlier extensions that occurred in the United States and Europe.CanadaIntellectual PropertyFasken
ArticleCanadian Government Unveils Exclusion Process For Retaliatory Surtaxes on U.S. Goods - Only Canadian Companies Can ApplyIf an exclusion request is granted, it could be made retroactive, resulting in a refund of surtax paid since July 1, 2018. CanadaInternational LawFasken
ArticleEurope's First Test Under CETA: Nationalist Quivers In ItalyThe European agriculture sector, renowned for its political influence, has not taken long to consider protective measures to buttress itself from the competitive pressures flowing from CETA. CanadaInternational LawFasken
ArticleCRTC Mandates Implementation Of STIR/SHAKEN By All Telecommunications Service ProvidersIn a decision issued in April of this year, the CRTC required all telecommunications service providers in Canada to implement STIR/SHAKEN to authentic and validate IP-based calls effective 30 November 2021.CanadaMedia, Telecoms, IT, EntertainmentFasken
ArticlePublic Consultations On Co-Development Of The Indigenous Broadcasting PolicyOn March 22, 2024, the Canadian Radio-television and Telecommunications Commission ("CRTC") initiated public consultations on the co-development of an Indigenous Broadcasting Policy. CanadaMedia, Telecoms, IT, EntertainmentFasken
ArticleDeal Or No Deal: Court Reaffirms Basic Contract Principles In Construction CaseA recent decision from the BC Supreme Court reaffirms some basic principles of contract law in the construction setting and provides some useful lessons for contractors and owners.CanadaReal Estate and ConstructionFasken
ArticleNew Bill To Modernize The Construction Lien ActThe Construction Lien Act governs construction projects in Ontario. CanadaReal Estate and ConstructionFasken