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Inside Internal Controls

News and discussion on implementing risk management

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class action lawsuit

Update on overtime class actions in Canada

To avoid claims and payments for unpaid overtime, employers should consider methods to control overtime costs such as establishing overtime policies, overtime agreements, or averaging agreements, if permitted by applicable legislation.

 

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The Quebec Court of Appeal comments on the role of class action representative and interactions with class counsel, in the context of abusive proceedings

Should the class representative fail to ensure the adequate conduct of the action, and more particularly in the context of abusive proceedings, the Court may take measures in order to ensure the orderly progress of the case, which could exceptionally go as far as making orders to replace the class representative.

 

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Few “likes” for Facebook forum selection clause: Supreme Court finds “strong cause” to not enforce forum selection clause

When engaging with personal information, consulting local privacy counsel is a must. Privacy legislation varies from province to province and failing to appreciate even slight differences can result in class action claims like in the Douez case. Facebook’s preliminary motion was rejected but the class action has yet to be certified. The opinions of the divided Court in Douez could be used to provide supporting arguments for both sides in a situation where the facts are just slightly different.

 

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Some legal pitfalls of security breaches to your company’s electronic data

The recent loss of a Canadian government hard drive containing personal information of receivers of student loans and the ensuing class action lawsuit are a stark reminder of how easy it is to be exposed to the pitfalls of data security breaches.

 

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