First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

Author Archive - Occasional Contributors

In addition to our regular guest bloggers, Inside Internal Controls blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of risk management and best practices in finance and accounting, information technology, environmental issues, corporate governance, sales/marketing and operations, not-for-profits and business related issues in Canada. If you are a subject matter expert and would like to become an occasional blogger, please contact Yosie Saint-Cyr at editor@firstreference.com. If you liked this post and would like to subscribe to Inside Internal Controls blog click here.

Are you making false representations in your franchise agreement?

Is it possible that an otherwise well-written franchise agreement might itself contain false representations by the franchisor?

 

, , ,

Foreign patent holders (and lawyers/patent agents): Beware when writing to Canadians

A number of changes to Canada’s intellectual property legislation came into force on Dec. 13, 2018. One of the changes to Canada’s Patent Act is a new subsection relating to written demands.

 

, , ,

CPTPP implemented in Canada: What you need to know

In this international trade brief, we discuss the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and why this international trade arrangement presents yet another immense opportunity and challenge for Canadian businesses.

 

, , , , , ,

When should an employer terminate for cause?

An employment relationship is a relationship built upon mutual trust. Courts and tribunals have long held that when an employee violates that trust, the employer is justified in ending the relationship, for cause, and without notice.

 

, , , ,

Meeting of the minds – When a contract is or is not formed

It may be critical for a party to ensure that no loose ends remain in the negotiation of any contractual relation before it can rest assured that it has an enforceable contract.

 

, ,

Stricter impaired driving laws are in force next week

Stricter impaired driving laws are set to come into force next week.

 

, , , ,

Bill introducing changes to IP legislation receives swift approval from parliament

Bill C-86, the Budget Implementation Act, 2018, No. 2, (the “Bill”) which makes a number of changes to the Trademarks Act, the Patent Act and the Copyright Act as well as introducing the College of Patent Agents and Trademark Agents Act became law in Canada after receiving Royal Assent on Dec. 13, 2018.

 

, , , ,

Delayed: The Pay Transparency Act, 2018, will not come into force on January 1, 2019

Bill 57, proposed to postpone the coming into force of the Pay Transparency Act, 2018. On December 6, 2018, it did just that.

 

,

Full steam ahead for official bilingualism: Government of Canada tables overhaul of official languages regulations

internal divisions

On October 25, the Government of Canada tabled significant amendments to the Official Languages (Communications with and Services to the Public) Regulations. As discussed previously, this regulatory overhaul stems from commitments made in the 2018 federal budget plan to improve access to services offered in the language of the official minority by federal institutions from coast to coast.

 

, , ,

Bill 66: More changes to employment and labour legislation

On December 6, 2018, the legislature again introduced new changes to the statutory labour and employment regime of the province. While Bill 66, Restoring Ontario’s Competitiveness Act (“Bill 66”), makes changes to a wide swath of laws, the ESA and the LRA are subject to some new tweaks.

 

, , , , , ,

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.

 

, , , ,

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.

 

, , ,

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.”

 

, , , , , ,

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).

 

, ,

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.

 

, , , , ,

Previous Posts