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Inside Internal Controls

News and discussion on implementing risk management

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2014

SCC finds new contractual duty of honest performance

The Supreme Court of Canada has confirmed a new common law duty to act honestly in the performance of contractual obligations.

 

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Social enterprise movement is gaining momentum

The social enterprise movement is gaining momentum in the non-profit and charitable sectors. There are frequently articles in the popular news about “successful” not-for-profits expanding their activities to include revenue generating activities. There are enterprises like the old standby enterprise of selling used clothes and goods, but we hear more about ambitious plans like one recently highlighted in the Calgary Herald discussing how the local legion is becoming something akin to a real estate developer…

 

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Social media – a risky business?

Whether companies choose to embrace or resist social media, it is clear from recent statistics that it is here to stay. Canadians are among the most avid users of social networks with an estimated 82 percent of people across the country active on platforms such as Facebook, Google+ and Twitter. Globally these networks represent an […]

 

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Cross-border regulatory cooperation enters new age

For three and a half years, Canada and the United States have been experimenting with ways to improve cross-border cooperation and coordination among national regulators to make processes more efficient and effective and improve access to markets…

 

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Help — we’ve been hacked! Cyber risk insurance and related legal issues

A nightmare scenario for any business: you’ve been hacked. The hackers have gained access to countless client records including credit card and other financial data. The expense of dealing with the breach, and the damage to business reputation could be crippling. How best can businesses insure themselves against this and other cyber risks, and what are the legal issues involved?

 

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The ‘right to be forgotten’ on Google – Can it happen in Canada?

“If a tree falls in the forest and no one is around to hear it, does it make a sound? Similarly, if damaging information is posted on the internet and is not picked up by Google, does it cause harm?”

 

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IP monitor: Trademarks unlimited provincially

In a recent summary judgement decision with respect to trade mark infringement Driving Alternative Inc v. Keyz Thankz Inc, the Federal Court of Canada decided that the Federal limitation period of six years applied to this trade-mark infringement which occurred in Ontario because the evidence of the Plaintiff established that the activities of the Defendants have caused damage to the Plaintiff beyond Ontario, including confusion in Alberta.

 

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Non-profits: know what you want before asking for money

For non-profit organizations and charities, fundraising is always top of mind. That means asking people and companies for money—sometimes lots of money. There’s no single way to go about this task but organizations will certainly make it easier on themselves by understanding themselves, building their profile and maintaining strong relationships with donors and potential donors. Alberta Culture has published a guide to help non-profits and charities do just that.

 

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Competition bureau publishes draft guidelines for the production of electronically stored information

On August 26, 2014, the Competition Bureau published draft Guidelines for the Production of Electronically Stored Information for public consultation.

 

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How to fire an employee without crushing their soul

In the world of work, few things strike terror into the hearts of employees more so than being fired. Similarly, for those charged with the responsibility, the action of firing an individual for performance related issues is often equally dreaded.

 

Not-for-profits should be doing some strategic thinking

Typically, because charities are subject to so much regulation and not-for-profits comparatively little, most focus from the sector tends to fall on the former. However, there are changes both recent and expected that not-for-profits should be planning for.

 

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Being accountable: Fiduciary duties and the business judgment rule

On July 10, 2014, the Ontario Court of Appeal released an important decision regarding corporate governance and shareholders rights. In the case between Unique Broadband Systems Inc. and its former CEO and director, Gerald McGoey, the Court of Appeal clarified the fiduciary obligations on the part of officers and directors of both private and public companies as well as the limitation on the business judgment rule that limits a Court from “second guessing” decisions of management.

 

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McDonald’s, and not just its franchisees, liable for worker treatment says National Labor Relations Board: should Canadian franchisors be concerned?

The general counsel of the United States’ National Labor Relations Board (NLRB) recently ruled that McDonald’s should be considered a joint employer with its franchisees. This finding, if ultimately upheld, could pave the way for nationwide union organizing of franchisors.

 

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Ontario’s Court of Appeal affirms principles of contractual interpretation and the standard of review in contractual disputes

On September 10, 2014, the Court of Appeal for Ontario released a decision applying the Supreme Court of Canada’s recent ruling dealing with contractual interpretation and the standard of review for contractual disputes.

 

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