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Inside Internal Controls

News and discussion on implementing risk management

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Business and Legal Issues

Investigator plus lawyer = privilege?

There may be times when it makes sense to try and establish a solicitor-client relationship with an external investigator, and these tips will help you do this effectively. However, in other cases where this is not what you require, recognize that the process your investigator follows may be open to scrutiny.

 

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Survival of the fittest: How can technology help small businesses thrive?

Canada’s failure rate for small and medium sized businesses is staggeringly high. Around one half of small and medium sized businesses survive past five years, while 15% don’t last a year. Today’s smaller businesses face a daunting task. The complexities of today’s market have created new risks, and myriad laws and regulations that can overwhelm just about any sized business.

 

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Canada’s anti-spam law is hurting MSPs

The Canadian Government wants to cut down on the number of spam people receive. This is a good thing, right? However, the way they’ve gone about doing this is hurting businesses.

 

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PwC confuses boards on risk oversight

The report from PwC has a useful discussion about whether the organization’s disclosures about risk are complete and sufficient to satisfy investors.

 

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Update on recoverable disbursements: The recoverability of after the event or ATE insurance premiums

Whether you win or lose, litigation can be an expensive endeavour. While some of those costs may ultimately be recovered from the other party in the course of the litigation, recent case law suggests that the premiums paid for After The Event (“ATE”) insurance (also known as adverse costs protection insurance) are unrecoverable.

 

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Processes to support information technology effectiveness reviews

This blog post reminds organizations that they should take the time to conduct information technology effectiveness reviews, to evaluate and improve the IT department’s role in achieving the organization’s goals.

 

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Internal technology transfer gone wrong: Composite Technologies Inc. v. Shawcor Ltd., 2017 ABCA 160

Intellectual property is transferrable. And you should be careful with how you transfer your IP among your corporate family, especially if it constitutes the principal value in your business – and in your life’s work!

 

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Is a subcontractor a successor or related employer for labour relations purposes?

In a recent decision, Molson Coors Canada, the Ontario Labour Relations Board (the “Board”) held that the subcontracting relationship between Molson Coors Canada (“MCC”) and Sherway Warehousing Inc. (“Sherway”) did not amount to a sale of business nor were MCC and Sherway related employers under the Labour Relations Act (“LRA”).

 

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Two words to transform discussions of risk management: risk to objectives

I have written extensively about the disconnect between risk practitioners and executives when it comes to risk management.

 

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Federal Court of Appeal denies CRA routine access to tax accrual working papers

On March 30, 2017, the Federal Court of Appeal (FCA) released its decision in BP Canada Energy Company v. MNR (2017 FCA 61), dealing with whether the Minister of National Revenue (the Minister) could compel the taxpayer to disclose the uncertain tax positions reflected in its tax accrual working papers (TAWPs).

 

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Forming your start-up: Options for business entities in Canada

There are a variety of business organizations that can be used to operate your tech start-up in Canada. Although many businesses are operated through a corporation, it is important to understand other forms of business organizations.

 

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Reducing legal expense in wrongful dismissal actions

Litigation expenses continue to increase to the point that many cases are uneconomic for dismissed employees in that the potential legal expenses are greater than the potential recovery. Employers sometimes end up paying more for legal fees than they could have paid to settle the case.

 

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Positioning risk management to succeed

Jim DeLoach of Protiviti is an old friend. We enjoy discussing risk management over a meal, finding that we agree on far more than we disagree. Where we do disagree, it may be more by way of expressing ourselves, or due to our different positions and perspectives. His work always, in my experience, merits our careful attention and reflection. Jim recently wrote Positioning Independent Risk Management to Succeed: 6 Ways to Support the CRO.

 

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20 questions to ask when prioritizing your policy development efforts

Having too many policies can burden your organization, but having too few exposes it to unnecessary risk. That means we need to prioritize which policies we will develop (or revise) first.

 

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Funding your start-up: Stages and types of financing

There are a number of issues start-ups need to consider to be able to effectively raise capital. Focusing your efforts on developing your products or services and establishing strong and efficient leadership are essential in preparing your start-up for the increased scrutiny of prospective investors. In addition, entrepreneurs often overlook or fail to appreciate how important it is to structure initial rounds of financing with later rounds (and more sophisticated investors) in mind.

 

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