Competition
Ontario court declines to enjoin termination of franchise agreement
In the recent decision Azmoon Trading Inc. v. Caffe Demetre Franchising Corp., 2018 ONSC 2868 (“Azmoon”), the Ontario Superior Court of Justice dismissed a Franchisee’s motion for injunctive relief prohibiting the Franchisor from terminating the franchise agreement (the “Agreement”).
Talking about inherent and residual risk
Are organizations unnecessarily risk averse? That can be crippling in many ways, including slowing agility and decision-making as well as failing to take advantage of opportunities.
So what if the risk is high?
Most organizations cannot afford to reduce every single risk to what some practitioners would deem acceptable. Providing actionable information about all the things that might happen, not by using terms like High, Medium, or Low, but in specific business terms will help evaluate which risks to take.
Online advisors: Stand-alone investment managers or tools for portfolio managers?
While the use of technology can lower the cost of investment advisory services, the introduction of algorithmic technology or other forms of artificial intelligence into the investment advice process introduces new risks to investors which raises questions.
Why do we need risk management?
Risk management is about helping an organization achieve its objectives in the face of uncertainty.
Government of Canada announces significant expansion of Integrity Regime for federal contracting
Recently, the Government of Canada announced that it has completed its extensive consultation process that took place over the past year, and it has decided to implement new changes to the Integrity Regime.
Are you managing risk or are you managing the organization?
Stop managing risk – manage the business. Stop talking about accepting or managing risk and start talking about taking the right risks through informed and intelligent decisions.
Prior rights and registered intellectual property
This article explores if the exclusive rights in a trademark can be obtained in the course of trade without registration and what is the scope of such rights across Canada, China, France, Germany, Russia, UAE and the UK.
My cyber confession
Should we give up auditing information security and the management of cyber risk? Not at all. But we should do so with eyes wide open. We should recognize the limitations of our knowledge, tools and techniques and the likelihood that hackers have new techniques that are unknown both to auditors and management.
Supreme Court confirms in R. v. Comeau that provinces can restrict interprovincial trade in beer and other goods
On October 6, 2012, New Brunswick resident Gerard Comeau was stopped by the RCMP at the Quebec/New Brunswick border with 354 bottles or cans of beer and two bottles of whiskey. Mr. Comeau stood accused, under section 134(b) of the Liquor Control Act (New Brunswick), of having in his possession an excessive amount of liquor not purchased from the New Brunswick Liquor Corporation (the “Corporation”). Mr. Comeau challenged the constitutionality of this statutory provision by invoking section 121 of the Constitution Act, 1867.
New GRC guidance from OCEG might be missing a crucial point
GRC is “the integrated collection of capabilities that enable an organization to reliably achieve objectives, address uncertainty and act with integrity”. A new Guide from OCEG, A Practical Guide About GRC Metrics and Measurement, says, a major part of GRC is about “break[ing] down silos between governance, strategy, performance management, risk management, compliance management, internal audit and other departments”.
514-BILLETS gets billed by the CRTC for CASL violations
This case reminds organizations that CASL applies to any form of CEM, even text messages, used to promote products and services, and that the CRTC is actively monitoring and responding to complaints involving different types of CEMs.
Reporting on risk to the board
Those charged with reporting on risk to the board and to the executive team should understand what they are trying to achieve, what information they need to be successful and how they can help.
Improve internal controls over fixed assets (Part 1)
Many organizations face challenges with recording and physically safeguarding fixed assets. Organizations must also meet disclosure and other requirements when they prepare audited or other financial statements, corporate tax returns (applicable to for-profit organizations) and T3010 Registered Charity Information Returns (applicable to charitable organizations). Accounting processes and procedures must facilitate these activities.
Is the goal of risk governance taking boards in the wrong direction?
The board is discharging its responsibilities to ensure stakeholders get the performance they should: value creation as well as (and not just) value protection. The board should make sure the management team is effective in running the organization, and that is not done by focusing on a list of harms. Effective governance of an organization is limited if the board focuses on risks.
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