First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

Sales, Marketing and Operations

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”).

 

, , , , , , , , , , ,

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.

 

, , , , , , , ,

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).

 

, , ,

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.

 

, , , , , , , ,

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.

 

, , , ,

Federal court knocks TPM circumvention with significant damages award

In a major victory for Nintendo, the Federal Court of Canada awarded $12.7 million in damages for circumventing technological protection measures (TPMs) and copyright infringement.

 

, , , , , ,

Saskatchewan follows Manitoba’s lead in regulation of portable electronics

Residents of Saskatchewan: Can’t live without your smartphone? Never fear, the province follows Manitoba’s lead in regulation of portable electronics.   On June 22, 2017, new regulations (the “Insurance Regulations[1]“) under Saskatchewan’s Insurance Act[2] were filed with the Registrar of Regulations. The Insurance Regulations will broaden the availability of insurance covering smart phones in the province. Smartphones […]

 

, , , ,

What does your risk management activity seek to achieve?

It is essential to understand what an organization needs and how critical the management of risk is before settling on a design, let alone trying to implement or upgrade risk management.

 

, , , , , , ,

Department of Finance releases consultation paper on new retail payments oversight framework

On July 7, 2017, the Department of Finance issued the consultation paper “A New Retail Payments Oversight Framework” (the “Consultation Paper”) proposing a federal oversight framework for retail payments. Comments on the Consultation Paper are due October 6, 2017.

 

, , , , ,

What do audit committees think about risk and audit?

I am encouraged by the latest KPMG report, their 2017 Global Audit Committee Pulse Survey. I am encouraged because KPMG appears to be asking the right questions and getting intelligent answers.

 

, , , , , , ,

R.I.P. border adjustment tax: Canadian implications

Recently, the so-called “Big 6” (comprised of key Republican leaders from the White House and Congress) released a short and fairly vague mission statement for their “shared vision” for U.S. tax reform. While it is only five paragraphs long, the Joint Statement on Tax Reform (the Joint Statement) delivered major relief to Canadian businesses.

 

, , , , , , , ,

The right to be forgotten has a three-piece suit tailor-made in Canada? From Quebec to British Columbia

This article aims to situate the debate on the right to be forgotten in light of three major precedents, which apparently evolved in isolation (in different provinces, distinct jurisdictions) and yet have everything in common. Indeed, the right to be forgotten is perhaps not as bare as we have been told; we might even go so far as to say that, for the moment, it has a three-piece suit tailor-made in Canada.

 

, , , , , , , , , , , , , , , , , , , , , , , ,

Why get an injunction anywhere else? Federal Court grants interlocutory injunction based on damage to goodwill and practical impossibility of calculating lost sales

This case and its discussion of the difficulty associated with the apportionment of lost sales may provide a path to an interlocutory injunction in cases with similar difficulties.

 

, , , , , , , , ,

The future of securities regulation of distributed ledger technologies

The following discussion provides a general description of blockchain and distributed ledger technologies (DLT) and the current state of the regulatory landscape in Ontario. To date, the Ontario Securities Commission has not explicitly categorized a blockchain token or coin (which are further discussed below) as an investment contract or other type of security under section […]

 

, , , , , ,

Can marketing and compliance share a playbook?

I recently read an article in the Winter 2017 MIT Sloan Management Review, Mastering the Market Intelligence Challenge (Chari, Luce & Thukral). In this work, the authors address how “many multinationals simply import their domestic models into emerging markets.” And whilst this work is directed towards those who deal with market intelligence in emerging markets, the conclusions drawn are equally applicable to those who face compliance challenges in such frontier regions.

 

, , , , , , , , , ,

Previous Posts Next posts