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News and discussion on implementing risk management

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Sales, Marketing and Operations

The Quebec Court of Appeal renders a landmark decision regarding prescription drug manufacturers’ duty to warn

In a judgment rendered on May 8, 2019, the Quebec Court of Appeal[1] upheld a Superior Court decision[2] dismissing a class action in which the plaintiffs alleged that a manufacturer failed to provide sufficient information as to the risks of a prescription drug. This was the first time that the Court of Appeal considered the merits of a class action regarding a drug manufacturer’s duty to warn.

 

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New Environmental Emergency Regulations

The new Environmental Emergency Regulations apply to a responsible person that owns or has the charge, management or control of any of the 249 listed hazardous substances located at any fixed land-based facility in Canada.

 

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The essence of time of the essence

In a recent Ontario Court of Appeal decision (Di Millo v. 2099232 Ontario Inc. (2018), 99 R.P.R.(5th) 1) the Court considered what a “time is of the essence” provision means in the context of an option to purchase.

 

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Ontario government announces plans for centralized procurement

On March 18, 2019, the Ontario Treasury Board announced a plan to centralize the province’s public sector procurement and create a more efficient delivery process for goods and services.

 

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The accountants’ role in risk management

The International Federation of Accountants (IFAC) has published an interesting and useful piece, Enabling the Accountant’s Role in Effective Enterprise Risk Management.

 

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A class divided can stand – Supreme Court of Canada holds that businesses cannot piggyback on consumers to escape arbitration agreements

By a 5-4 majority, the Supreme Court of Canada reversed a line of Ontario cases and held that s. 7(5) of province’s Arbitration Act, 1991 does not give courts discretion to decline to enforce arbitration agreements between businesses, even when those businesses are members of a class alongside consumers under the Class Proceedings Act, 1992.

 

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Selecting a framework for managing risk

arol Williams has a website, ERM Insights, where she writes about risk management (I prefer to talk about the management of risk, rather than risk management, to ensure we are talking about how the organization addresses what might happen, i.e., risk, rather than talking about a function or team).

 

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Franchise article series: What is a franchise?

In order to determine whether the Franchises Act applies to a particular business model, one must first review the definition of a “franchise” in the Act as well as in relevant court decisions.

 

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CSA and IIROC propose regulatory framework for cryptoasset trading platforms

On March 14, 2019, the Canadian Securities Administrators and the Investment Industry Regulatory Organization of Canada published Consultation Paper 21-402 Proposed Framework for Crypto-Asset Trading Platforms proposing a regulatory framework for platforms that trade cryptoassets.

 

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A warning on “meaningful” compliance with FTC orders

Compliance professionals — we need to talk about the Federal Trade Commission. The folks there are unhappy with the quality of your work.

 

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Does my food ad market to kids? Draft guidance on Bill S-228

Bill S-228, “An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children)”, has been undergoing legislative review since late 2016. It has been the subject of much debate and is still awaiting Royal Assent.

 

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Osler submission to OECD on public consultation document addressing the tax challenges of the digitalisation of the economy

Osler made a submission [PDF] to the OECD in response to its February 13, 2019 public consultation document on the possible solutions to the tax challenges of digitalization (the 2019 Public Consultation Document).

 

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Franchise article series: Franchise disclosure document

One of the main features under the Franchises Act has been the implementation of a Franchise Disclosure Document. The Franchise Disclosure Document is intended to summarize all material facts regarding the franchise.

 

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Québec moves to tax digital goods and the virtual marketplace

Changes to the rules related to the Québec Sales Tax (QST) may mean that your company is now required to collect the QST on sales even if you have no connection to Québec.

 

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The positive side of risk

So how should we talk about the good stuff if we reserve the word ‘risk’ for the bad?

 

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