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Risk and game theory

game theory

The Cuban Missile Crisis is frequently cited as an example of the use of Game Theory. I am talking about the situation confronting the Kennedy government when they found that the USSR had installed missiles in Cuba that were capable of hitting American cities with nuclear weapons. Here is a link to a summary of […]

 

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Charities can now help businesses in the aftermath of disasters

aftermath of disasters

In August 2017, the Canada Revenue Agency (“CRA”) updated its Guidance CG-014 on community economic development (“CED”) activities and charitable registration. There were a number of updates to the Guidance, but the most significant was the inclusion of the statement that charities are now able to support, on a more long-term basis, the efforts of businesses that are helping to rebuild communities affected by disaster.

 

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Alberta proposes significant amendments to consumer protection legislation

Bill 31 makes amendments to consumer protection legislation and addresses a number of items, including negative consumer reviews, ticket sales and resales, veterinary services, car sales and repairs, and changes to the Alberta Motor Vehicle Industry Council. On November 29, 2017, the Government of Alberta introduced Bill 31: A Better Deal for Consumers and Businesses […]

 

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Not so happy New Year: Ontario rewards points legislation coming into force January 1, 2018

Ever since Ontario’s legislature passed the Protecting Rewards Points Act (Consumer Protection Amendment), 2016 (Act) prohibiting the expiration of rewards points in consumer loyalty programs, the retail industry has been waiting for the publication of the associated regulation that would provide more detail about the prohibition, along with some exceptions to the prohibition. The wait is now over, as the Ontario government recently published Ontario Regulation 388/17 (the Regulation), which will come into force on January 1, 2018.

 

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Alberta Court of Appeal reaffirms importance of considering factual matrix in contractual interpretation

The rules of contractual interpretation have evolved significantly in the last several years in Canada. At one time, the circumstances surrounding the preparation of a contract were rarely considered by the courts; the courts preferred to look within the “four walls” of the contract to interpret ambiguous phrases or to resolve uncertainties. More recently, however, the courts have begun to consider all of the circumstances involved in the drafting of the contract in order to give meaning to it and to ensure that the intention of the parties is carried out.

 

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Ontario government revamps Construction Lien Act: What you need to know about prompt payment, mandatory adjudication, and more

On May 31, 2017, the Ontario government introduced Bill 142 [PDF] (the Bill) that, if passed, would significantly amend the Construction Lien Act to create a prompt payment regime, require the mandatory adjudication of certain construction disputes, and implement various additional amendments to modernize the Act.

 

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CETA gets royal assent – what brand owners and users need to know

On May 16, 2017, Bill C-30, Canada’s legislation to implement the Comprehensive Economic and Trade Agreement (CETA), a free trade agreement between Canada and the European Union, received royal assent.

 

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TPP-11 reach agreement on “core elements” of a deal

Since the withdrawal of the United States from the Trans-Pacific Partnership within three days of President Trump’s inauguration, which many thought would result in a fatal blow to the deal, negotiators from the remaining TPP-11 have been quietly meeting to revive the agreement.

 

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Updated: Nova Scotia passes new cyber-bullying legislation

On October 5, 2017, the Nova Scotia Legislature introduced Bill No. 27, the Intimate Images and Cyber-protection Act. The Act comes as Nova Scotia’s previous cyber-bullying legislation, the Cyber-safety Act, was struck down in 2015 by the Nova Scotia Supreme Court on constitutional challenge.

 

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Getting risk management right

In this commentary on a recent article by Doug Anderson, an advisor on behalf of the IIA on the COSO ERM update project, examples are provided on getting risk management right.

 

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High-profile sexual harassment claims show a toxic culture can be a product defect

The rapid demise of the Weinstein Co., once one of the most successful movie studios in Hollywood, should have every CEO wondering: What skeletons does my organization have in the closet? And how could they destroy the value of my company’s brands, or the company itself?

 

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Should you adopt the updated COSO ERM Framework? My assessment

It has been 13 years since the original COSO ERM Framework and eight years since ISO 31000:2009 was published. The updated COSO ERM Framework was an opportunity for COSO to “leap forward”. But did it?

 

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BCCA eyes enforceability of restrictive covenant in IRIS appeal

Restrictive covenants are often a key component of employment agreements and commercial transactions. Enforceability, however, can be challenging, especially in the employment context

 

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How well did COSO address comments on the ERM draft?

My impression is that COSO only tinkered with the draft. But, have they done enough to move practices forward, in the right direction? Will this update change the percentage of executives answering the piercing question by Deloitte, “Does risk management support, at a high level, the ability to develop and execute business strategies”, up from 13% close to 80%?

 

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When federal insolvency laws and provincial labour laws collide

The intersection between insolvency law and labour law has long created a struggle between balancing the rights of employees and maintaining a mechanism for restructuring or liquidating distressed companies.

 

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