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Inside Internal Controls

News and discussion on implementing risk management

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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.

Individual defendant receives three-year sentence for Canadian corruption conviction

On December 17th, 2018, Quebec’s Superior Court of Justice sentenced Yanaï Elbaz, a former senior manager of the McGill University Health Centre (MUHC), to a three-year prison term for his involvement in a bribery scheme in which SNC-Lavalin secured a $1.3 billion contract to build MUHC.

 

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Trade secret enforcement in Canada: How rights holders can secure justice

Since the value of a company is increasingly made up of intangible assets, including intellectual property such as trade secrets, as opposed to tangible (e.g., bricks and mortar) assets, protecting and securing those important assets is vital to a company’s long-term success.

 

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Canadian patent law: 2018 year in review

There were various developments in Canadian patent law in 2018. Numerous decisions of the Federal Court of Appeal and Federal Court will have a notable impact on patent law in Canada going forward.

 

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Ontario Court of Appeal applies foreign law, dismisses cross-border class action

On December 21, 2018, the Ontario Court of Appeal released its decision in Das v George Weston Limited (“Das”), a proposed class action relating to the collapse of an industrial building in Bangladesh.

 

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Notice-and-notice regime in Canada: Don’t include a settlement offer in your copyright infringement notice

Under the “Notice-and-Notice” regime, copyright owners may send a written notice to any Canadian they suspect of infringing their copyright through an internet service provider or host.

 

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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?

 

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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.

 

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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.

 

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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.

 

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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.

 

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Stricter impaired driving laws are in force next week

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

 

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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.

 

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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.

 

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

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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.

 

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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.

 

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