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Inside Internal Controls

News and discussion on implementing risk management

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Author Archive - McCarthy Tétrault LLP

McCarthy Tétrault is a Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally. McCarthy publishes a series of blogs to share information with companies to help them comply and manage their businesses. On the Inside Internal Controls blog we will share some of those blog posts sharing their expertise among others, in the areas of Competition/Anti-trust, Corporate and Commercial Law, Intellectual Property, Privacy, Environmental Law, Technology and Litigation. Read more here

Standing Committee on Finance releases recommendations on Canada’s anti-money laundering and anti-terrorist financing regime

anti-money laundering

Recently, the House of Common’s Standing Committee on Finance released its report titled, “Confronting Money Laundering and Terrorist Financing: Moving Canada Forward” (the “Report”). The Report was released pursuant to the Standing Committee’s mandate under Standing Order 108(2), which directed the Committee to study the Proceeds of Crime (Money Laundering) and Terrorist Financing Act1 (“PCMLTFA”) and was […]

 

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Federal Court of Appeal clarifies key damages concepts

Late last month, the Federal Court of Appeal released its long-awaited decision in Apotex Inc. v. Eli Lilly and Co., 2018 FCA 217. In the underlying litigation, the Federal Court awarded damages to Eli Lilly because Apotex had infringed Eli Lilly’s patented process for making a cephalosporin antibiotic.

 

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Supreme Court of Canada rules in favour of lenders in Callidus

In a 2017 judgment discussed here, the Federal Court of Appeal permitted the CRA to assert a claim against a secured creditor who had received a repayment from its borrower prior to bankruptcy when the borrower also owed unremitted GST obligations to the Crown.

 

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Influencer marketing: Understanding disclosure best practices

From the Instagram model advertising gifted products to the geek blogger paid to review video games, influencer advertising is now everywhere. Digital marketing is rapidly evolving (the world even saw its first CGI influencer earlier this year), and regulators are adapting accordingly.

 

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Five tips for compliance with new privacy consent guidelines

Privacy compliance is top of mind, not the least of all because of GDRP and Canada’s new mandatory breach notification rules. While you are updating your practices and procedures, do not forget that the Guidelines for obtaining meaningful consent (the “Guidelines”) will apply starting on January 1, 2019.

 

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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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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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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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Targeting the “middle-man”: Intermediaries face $250,000 in penalties for aiding “malvertising” under CASL

CASL compliance has turned to a new group of actors: the service and infrastructure providers that spammers and fraudsters utilize to perpetrate CASL offences.

 

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Ontario court applies statutory definition of franchise

In Fyfe v. Stephens, 2018 ONSC 5066 (“Fyfe”), the Ontario Superior Court of Justice found that the relationship between two parties was a franchise relationship, even though the agreement at issue expressly disclaimed a franchise relationship.

 

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What you need to know about toronto’s new arts and culture property tax subclass

For decades the City of Toronto has offered reduced municipal tax rates to charities and heritage properties, and this year, a new subclass was created to support not-for-profit arts and culture organizations and incubators—what a new City by-law describes as “Creative Co-Location Facilities.” Qualifying properties will be eligible for a 50% reduction in property tax.

 

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Back to square one? Ontario government winds down cap and trade program and overhauls approach to climate change

On July 25, 2018, the newly formed Ontario Government introduced Bill 4, the Cap and Trade Cancellation Act, 2018 (the “new Act”), which repeals the Climate Change Mitigation and Low-carbon Economy Act, 2016 (the “old Act”) and provides for the wind-down of the province’s cap and trade program[1]. The new Act also sets out a renewed approach to climate change policy.

 

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Manitoba court finds that distribution arrangement is not a franchise

In Diduck v. Simpson, 2018 MBQB 76 (“Diduck”), the Manitoba Court of Queen’s Bench reviewed a distribution agreement and found that it failed to meet the test for a “franchise” under Manitoba’s Franchises Act, C.C.S.M. c. F156.

 

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Contractual considerations in robotic process automation and artificial intelligence outsourcing

RPA and AI technologies can be a game-changer for your organization from a commercial perspective, but procuring those technologies and managing the new risk landscape requires a fundamental shift in mindset vis-à-vis a traditional outsourcing contract.

 

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Uncertain ground: Owners may be liable for unforeseeable environmental effects

In Huang v. Fraser Hillary’s Limited, 2018 ONCA 527, the Ontario Court of Appeal recently ruled that foreseeability of harm is not an element of the tort of nuisance in the context of historical environmental contamination of a neighbouring property by a dry-cleaning business.

 

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