Competition
June 22, 2017 Occasional Contributors Announcements and Administration, Business and Legal Issues, Competition, Corporate Administration, Finance and Accounting,
On May 31, 2017, Ontario Attorney-General Yasir Naqvi introduced Bill 142, entitled “Construction Lien Amendment Act, 2017”. The Bill follows upon a report commissioned by the Ontario government and prepared by Bruce Reynolds and Sharon Vogel entitled “Striking the Balance: Expert Review of Ontario’s Construction Lien Act”. If enacted, the proposed legislation will introduce what is arguably the most sweeping set of changes that the Canadian construction industry has ever seen.
construction, Construction Act, construction disputes, Construction Lien Act, Construction Lien Amendment Act, contracts, liens
May 19, 2017 McCarthy Tétrault LLP Anti-spam, Do-not-Call, Board of Directors, Process and Responsibilities, Business and Legal Issues, Charities, Competition, Corporate Administration, Corporate Administration and Legal Matters, Corporate Governance, Cyberlaw, Internet Law, E-Commerce, IT, Privacy and Security, Leadership and Management, Mobile Device Management, Not for Profit, Privacy Compliance and Management, Sales, Marketing and Operations, Social Media/Social Networking, Software Acquisition, Implementation and Maintenance, Systems Acquisition, Maintenance and Disposal, Systems and Data Management, Web design and Management,
While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages.
CASL, Competition Act, electronic messages, private right of action
April 10, 2017 Occasional Contributors Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Finance and Accounting, Intellectual Property, IP, Leadership and Management, Records Management and Retention, Sales, Marketing and Operations,
In Canada, the issue of whether an NDA may be an unenforceable restraint of trade has been explored in the employment law context, however, there has been very little discussion as to whether an NDA could be considered a restraint of trade in transactions between two or more businesses. There has also been little discussion in Canada as to the distinction between trade secrets and ordinary confidential information. As such, US case law may provide some guidance.
Access to Information Act, Confidential information, confidentiality agreement, DB Riley Inc v AB Engineering Corp, Di Giacomo v. Di Giacomo Canada Inc., Merck Frosst Canada Ltée c Canada (Ministre de la Santé), NDA, non-disclosure agreement, prima facie, Silicon Image Inc v Analogk Semiconductor Inc., trade secret, trade secret information, trade secret protection, trade secrets, Uniform Trade Secrets Act
March 24, 2017 Occasional Contributors Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Intellectual Property, IP, Leadership and Management, Sales, Marketing and Operations,
The Federal Court granted an interlocutory injunction restraining Sears from using the slogan “There is no reason to buy a mattress anywhere else”. Sleep Country owns two Canadian trademark registrations for the slogan “Why buy a mattress anywhere else?”. The slogan, and its accompanying musical jingle, have been used by Sleep Country in television, print, radio, and online advertising and promotional campaigns since 1994.
interlocutory injunction, Sleep Country Canada Inc. v. Sears Canada Inc., Trademark, trademark infringement
March 2, 2017 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Budgeting and Auditing, Business and Legal Issues, Competition, Corporate Administration, Finance and Accounting, Financial Compliance / Planning / Management, Government Budget, Throne Speech and Plans, Income Tax Planning / Tax Schedules / Remittances, Leadership and Management, Sales, Marketing and Operations,
On February 21, 2017, the Quebec government announced a plan to strengthen the Quebec economy as an executive-driven economy. The plan includes the enhancement of existing measures and the development of a number of new fiscal and legal measures designed to keep businesses in Quebec and facilitate the transfer of family businesses, therefore limiting the risk of their sale to foreign interests. The key measures include:
businesses in Quebec, Deferred payment of tax, Deployment of the Financial Initiatives Group, executive-driven economy, Fiscal measures, Harmonization of taxation of stock options with the federal regime, harmonized Canadian system governing hostile takeover bids, Head office, Legal measures, sale of businesses, Stock exchange
February 15, 2017 Occasional Contributors Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Fraud and Corruption, Intellectual Property, IP, IT, Privacy and Security, Leadership and Management, Network, Systems and Data Security, Privacy Compliance and Management, Sales, Marketing and Operations, Social Media/Social Networking, Software Acquisition, Implementation and Maintenance, Systems and Data Management, Web design and Management,
This article highlights noteworthy Canadian copyright law decisions and developments from 2016.
1395804 Ontario Ltd operating as Blacklock’s Reporter v. Canada (Attorney General), An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), Bill C-11, Canadian Standards Assn v PS Knight Co, copyright, Copyright Act, copyright law, Corocord Raumnetz GmbH v. Dynamo Industries Inc, Davydiuk v Internet Archive, defence of fair dealing, Geophysical Service Inc. v. Encana Corp., issue estoppel, Keatley Surveying Ltd v. Teranet Inc, Maltz v. Witterick, res judicata, Rogers Communications Partnership v. SOCAN
February 8, 2017 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Budgeting and Auditing, Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Finance and Accounting, Financial Compliance / Planning / Management, Income Tax Planning / Tax Schedules / Remittances, Leadership and Management, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations,
The first week of Trump’s administration has revealed a highly activist White House, hewing with surprising fidelity to campaign promises. The pace of change is materially faster than anticipated and the implications may be felt sooner rather than later.
border protection, Environmental Protection Agency, immigration, job protection, Muslim–majority countries, NAFTA, refugees entry into the United States, tariff, tariff on Mexican goods, Trans-Pacific Partnership, Trump, Trump administration
January 30, 2017 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Finance and Accounting, Financial Compliance / Planning / Management, Fraud and Corruption, Income Tax Planning / Tax Schedules / Remittances, Leadership and Management, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations,
On December 20, 2016, the Financial Transactions and Reports Analysis Centre of Canada released new guidelines in respect of politically exposed persons and heads of international organizations. A separate guideline was released for each of financial entities, securities dealers, life insurance companies, agents and brokers and money services businesses. The Guidelines will be effective June 17, 2017.
Anti-money laundering, Financial Transactions and Reports Analysis Centre, FINTRAC, heads of international organizations, money laundering update, politically exposed persons, Proceeds of Crime (Money Laundering) and Terrorist Financing Act
January 4, 2017 Occasional Contributors Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Finance and Accounting, Leadership and Management, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations,
A company’s HR functions, such as recruitment and compensation, are not typically regarded as antitrust “hot spots” (as opposed to sales and marketing). Recent cases in the United States, however, highlight how hiring practices can create the risk of competition law violations for companies and their HR personnel. Since Canadian competition law is similar to U.S. antitrust law in these respects, it is important that Canadian HR professionals be aware of these risks and protect themselves and their companies from exposure.
Antitrust Guidance for Human Resource Professionals, Antitrust law, Canadian competition law, company's HR department, compliance training, employee compensation or terms of employment, employment law, hiring and compensation decisions, hiring practices, HR Law, HR policies practices and procedures, HR Professionals, Human Resources Management, internal compliance policies, Internal Controls, risk management
December 23, 2016 Yosie Saint-Cyr, LL.B., Managing Editor Anti-spam, Do-not-Call, Board of Directors, Process and Responsibilities, Business and Legal Issues, Charities, Competition, Corporate Governance, Cyberlaw, Internet Law, E-Commerce, Finance and Accounting, IT, Privacy and Security, Leadership and Management, Not for Profit, Payroll and Personnel Management, Privacy Compliance and Management, Sales, Marketing and Operations,
We are signing off with a list of the top 10 most read Inside Internal Controls posts 2016. Privacy issues and director’s liability seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read Inside Internal Controls posts 2016 Director’s liability […]
advertising violations, corporate negligence, cyber risk, Director liability, employee privacy, internal audit, Internal Controls, Pension and benefit plan, PIPEDA data breach, privacy tort, Property tax rebate, Provincial and territorial 2016 budget, Registered charities, risk, risk management, unpaid wages, victims of cyberbullying
November 25, 2016 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Anti-spam, Do-not-Call, Board of Directors, Process and Responsibilities, Business and Legal Issues, Charities, Competition, Corporate Administration, Corporate Administration and Legal Matters, Corporate Governance, Cyberlaw, Internet Law, E-Commerce, Finance and Accounting, Financial Compliance / Planning / Management, Financial Management, IT, Privacy and Security, Leadership and Management, Network, Systems and Data Security, Not for Profit, Privacy Compliance and Management, Records Management and Retention, Sales, Marketing and Operations, Social Media/Social Networking, Software Acquisition, Implementation and Maintenance, Systems Acquisition, Maintenance and Disposal, Systems and Data Management,
Until now, the Canadian Radio-Television and Telecommunications Commission’s CASL enforcement actions have taken the form of settlements reached in confidential negotiations between the Enforcement Branch and the company. But this decision, released on October 26, 2016, is significant because it is the first CASL enforcement decision to provide guidance on compliance. The decision contains several important lessons about regulation of commercial electronic messages in Canada before class action enforcement opens on July 1, 2017.
Blackstone Learning Corp., Canada's anti-spam legislation, Canadian Radio-television and Telecommunications Commission, CASL, CASL violation, commercial electronic messages, CRTC, Violations of Canada’s Anti-Spam Legislation
October 31, 2016 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Anti-spam, Do-not-Call, Board of Directors, Process and Responsibilities, Business and Legal Issues, Charities, Competition, Corporate Administration, Corporate Administration and Legal Matters, Corporate Governance, Cyberlaw, Internet Law, E-Commerce, Finance and Accounting, Financial Compliance / Planning / Management, Financial Management, IT, Privacy and Security, Leadership and Management, Network, Systems and Data Security, Not for Profit, Privacy Compliance and Management, Records Management and Retention, Sales, Marketing and Operations, Social Media/Social Networking, Software Acquisition, Implementation and Maintenance, Systems Acquisition, Maintenance and Disposal, Systems and Data Management,
The Canadian Radio-television and Telecommunications Commission issued an enforcement advisory directing businesses and individuals to consider the importance of record-keeping pursuant to Canada’s anti-spam legislation (CASL). Under CASL, the onus remains on the sender of commercial electronic messages (CEMs) to demonstrate that it had the proper consents in place to send CEMs (whether implied or explicit).
Canada's anti-spam legislation, Canadian Radio-television and Telecommunications Commission, CASL, commercial electronic messages, CRTC, record-keeping practices
October 17, 2016 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Anti-spam, Do-not-Call, Board of Directors, Process and Responsibilities, Business and Legal Issues, Charities, Competition, Corporate Administration, Corporate Administration and Legal Matters, Corporate Governance, Cyberlaw, Internet Law, E-Commerce, Finance and Accounting, Financial Compliance / Planning / Management, Financial Management, IT, Privacy and Security, Leadership and Management, Network, Systems and Data Security, Not for Profit, Privacy Compliance and Management, Records Management and Retention, Sales, Marketing and Operations, Social Media/Social Networking, Software Acquisition, Implementation and Maintenance, Systems Acquisition, Maintenance and Disposal, Systems and Data Management,
The Canadian Radio–television and Telecommunications Commission has issued an Enforcement Advisory notice directed to businesses and individuals that send commercial electronic messages (CEMs) as part of their commercial activities. Notably, the sender of CEMs must have the consent of the recipient to send them a message, or else the message is considered spam.
anti-spam legislation, Canada's anti-spam legislation, Canadian Radio-television and Telecommunications Commission, CASL, commercial electronic messages, CTRC
August 24, 2016 Occasional Contributors Accounting Systems and Controls, Accounts payable and receivable, Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Finance and Accounting, Financial Compliance / Planning / Management, IT, Privacy and Security, Leadership and Management, Mobile Device Management, Payroll and Personnel Management, Privacy Compliance and Management, Records Management and Retention, Sales, Marketing and Operations, Software Acquisition, Implementation and Maintenance, Systems Acquisition, Maintenance and Disposal, Systems and Data Management, Web design and Management,
I am going to use a metaphor involving the board game of Monopoly to illustrate how I feel about risk management. The players compete to win by either having more money when the game ends (if there is a time limit) or by being the only one left standing after all the others have gone bankrupt. Let’s imagine our executive team is playing a game against its main competitors.
business, minimize risk, Mitigate risk, Monopoly, risk, risk management, top risks
July 25, 2016 Occasional Contributors Advocacy and Public Policy, Business and Legal Issues, Competition, Corporate Administration, Corporate Administration and Legal Matters, Corporate Governance, Cyberlaw, Internet Law, E-Commerce, Financial Management, Fraud and Corruption, Intellectual Property, IP, IT, Privacy and Security, Leadership and Management, Mobile Device Management, Network, Systems and Data Security, Not for Profit, Sales, Marketing and Operations, Social Media/Social Networking, Software Acquisition, Implementation and Maintenance, Systems Acquisition, Maintenance and Disposal, Volunteers and Employee Relations,
A restrictive covenant is a class of legal “promise” imposing a restriction on one party for the benefit of another. When drafted correctly, restrictive covenants are an invaluable tool to protect your business.
confidentiality agreements, Non-competition agreements, Non-solicitation agreements, Parveen Shergill, properly drafted restrictive covenant, Pushor Mitchell LLP, restraint of trade, restrictive covenants
