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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

Fintech regulatory developments: 2018 year in review

2018 proved to be another busy year for Fintech in Canada, with a number of notable and anticipated regulatory developments. We look back to summarize some of 2018’s most notable Fintech-related developments in Canada, and developments to watch for in 2019.

 

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Hot off the press: Heintzman and Goldsmith on Canadian Building Contracts

With top-tier knowledge of Canada’s construction industry and legislation, Calgary Partner Bryan West has joined Thomas G. Heintzman as a co-author of the most recent edition of Heintzman and Goldsmith on Canadian Building Contracts.

 

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Cy-près distributions: Uses and controversies

Cy-près distributions disburse settlement funds or damages awards to charities or other public interest organizations in circumstances where it is impractical to distribute the funds to class members.

 

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Department of Finance Canada issues consultation paper on open banking

On January 11, 2019, the Department of Finance Canada released a consultation paper seeking the views of Canadians on the potential benefits and risks of an open banking system.

 

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Alberta High-Cost Credit Business Regulation to become effective January 1, 2019

On November 29, 2017, the Government of Alberta introduced Bill 31: A Better Deal for Consumers and Businesses Act (“Bill 31”) setting out various changes to the Fair Trading Act (including changing the name of the legislation to the Consumer Protection Act) (the “Act”). Bill 31 introduced various new requirements applicable to “high-cost credit businesses”, including a requirement to obtain a “high-cost credit licence.”

 

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Ontario’s environment plan: Preserving and protecting our environment for future generations

On November 29, 2018, the Ontario government released its Environment Plan: Preserving and Protecting our Environment for Future Generations.

 

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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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