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Inside Internal Controls

News and discussion on implementing risk management

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The Supreme Court of Canada confirms that the Doctrine of Unforeseeability is not part of the Civil Law of Contracts in Québec

The issues to be determined by the Supreme Court of Canada (“SCC”) in this highly anticipated decision included whether the doctrine of unforeseeability (hardship) was an integral part of Québec law, or the requirements of good faith and equity could provide a legal basis for the claims made by CFLCo.

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Costco reports a material weakness in internal control. But is it really?

In an Oct. 4th news release, Costco Wholesale announced its operating results for the 4th quarter and full year expecting to report a material weakness in internal control.

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Libel by tweet: Ontario Court of Appeal upholds dismissal of Twitter libel claim under anti-SLAPP legislation

A recent decision from the Ontario Court of Appeal (ONCA) adds to the growing body of Canadian case law confirming that tweets certainly can be libelous, though protections exist for comments on matters the court finds to be of public interest, including through anti-SLAPP legislation.

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What happens when a commercial tenant does not follow the proper procedures to renew a lease?

A recent case from the Ontario Court of Appeal sets out an interesting chain of events. In the case of North Elgin Centre Inc v McDonald’s Restaurants of Canada Limited, 2018 ONCA 71, the tenant (“McDonald’s”) had entered into a 20-year lease with North Elgin Centre Inc. (the “Landlord”) and had spent time and money on building their restaurant.

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It’s almost year end; avoid cut-off errors

Cut-off errors are common and it is important that you avoid them, particularly at year end when one fiscal year will be closed and finalized for the external audit or as a precursor to starting the new fiscal year.

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Why you should not be setting up an Ontario non-profit corporation under the OCA today

The Ontario government passed the Ontario Not-for-Profit Corporations Act (ONCA) in 2010. It was originally expected to come into force in 2013, but it has been delayed a number of times. In December 2017, the Ontario government announced that it was “working to bring ONCA into force as early as possible, with a target of early 2020.”

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The basics of risk management

I want to congratulate David Hillson (a.k.a. the Risk Doctor) for his video explaining his view of risk management basics. In Risk management basics: What exactly is it?, he takes less than five minutes to sum up risk management with six questions:

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Ontario court declines to order franchisees to pay royalties

In a recent Ontario case, the Justice was faced with a claim by a franchisor against seven of its 11 franchisees who had ceased paying royalties and marketing fund contributions to their franchisor.

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Mistakes to avoid in conducting effective workplace investigations

Experience has shown us time and again that, of all the elements contributing to effective investigations, investigators consistently dedicate insufficient time and effort in a few critical areas; four to be exact.

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Integrated Project Delivery model in Canada: What you need to know

Before the end of 2018 the Canadian Construction Documents Committee (CCDC) is expected to publish a standard form contract for a relatively new project delivery model called Integrated Project Delivery (IPD).

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Security breach notification and reporting requirements are now in force under Canada’s PIPEDA

Canada’s long-awaited federal private-sector data breach notification and reporting requirements came into force on November 1, 2018.

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UK government guidance on risk and cyber: the very good and the very bad

The National Cyber Security Center (NCSC) is a part of the UK’s Government Communications Headquarters (GCHQ). If you are like me, you may have only heard about GCHQ in an unflattering context, that of working with US intelligence agencies to spy on foreign heads of state and hack foreign agencies.

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Ten considerations for a cybersecurity incident response plan

If you ask a group of cybersecurity experts what should be included in a Cybersecurity Incident Response Plan (“CIRP”), you will get a wide variety of answers. Happily, many of those answers contain similar themes including these ten important considerations your organization should be aware of when creating and managing a CIRP.

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AMF not successful in convincing Court of Appeal in a market manipulation case

Very recently, the Québec Court of Appeal rendered a judgment addressing the elements constituting an offence for market manipulation as set forth in section 195.2 of the Québec Securities Act.

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Compliance training makes the slope a little less slippery

That recent academic research finding that strong internal reporting correlates to better business outcomes is welcome news for corporate compliance professionals, with all sorts of implications for how to run a compliance program smartly.

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