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Inside Internal Controls

News and discussion on implementing risk management

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Author Archive - Occasional Contributors

In addition to our regular guest bloggers, Inside Internal Controls blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of risk management and best practices in finance and accounting, information technology, environmental issues, corporate governance, sales/marketing and operations, not-for-profits and business related issues in Canada. If you are a subject matter expert and would like to become an occasional blogger, please contact Yosie Saint-Cyr at editor@firstreference.com. If you liked this post and would like to subscribe to Inside Internal Controls blog click here.

Provincial payer quashes attempted drug evergreening strategy

When patents expire on a patented drug product, paving the way for generic competition, the patentee is faced with the challenge of how to replace the revenues that were achieved with the patented product. Ideally, the company’s innovation during the patented product’s life cycle will have led to new products poised to grow as the old patented product’s revenues decline. Often, however, the company’s strategy is to pursue a “product switch,” in which the patented product is replaced with a new product that provides little or no therapeutic improvement but for which no generic competition is imminent.

 

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2020 Accessibility to-do list (Ontario)

As 2020 begins, we are already looking forward to the end of the year and to 2021. There are two key deadlines coming up under the Accessibility for Ontarians with Disabilities Act (“AODA”):

 

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Pre-judgment garnishment: Full and frank disclosure is required

In my previous article, Prejudgment Garnishing Orders: Getting it Right, I discussed how pre-judgment garnishment is available to a party that is owed a debt so as to intercept funds intended for the party they are claiming against. I also discussed how that remedy is considered extraordinary and requires strict adherence to certain requirements.

 

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Construction disputes: A contractor’s right to be paid vs. owner’s claims for defective work

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It is one of the most common scenarios in construction litigation: work has completed, the contractor has rendered its final bill and an owner refuses to pay on the basis that there were delays or that there are defects or deficiencies with a contractor’s work. While contracts can and do provide allowances for such situations, that is not always the case.

 

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Interlocutory injunctions in trademark cases: A POWERful tool—when available

As Canadian trademark practitioners know, it has generally been difficult to obtain interlocutory (or interim) injunctions in trademark infringement matters, particularly at the Federal Court of Canada.

 

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Canadian government delays implementation of employee stock option proposals

Earlier this year, the Canadian government tabled a Notice of Ways and Means Motion with proposed amendments to the Income Tax Act (Canada) to implement the employee stock option proposals from the 2019 Federal Budget. The proposals were to apply to employee stock options granted by corporations and mutual fund trusts on or after January 1, 2020.

 

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The CRA has released an updated 2019 version of its T3010 Registered Charity Information Return

The CRA has released recently the 2019 version C of its T3010 Registered Charity Information Return. The major changes deal with replacing political activities with “public policy dialogue and development activities” (PPDDAs).

 

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ON government access to information disclosure on ONCA – so many pages and so little said

Since February 2019 there has not been any update from the Ontario government about ONCA coming into force. As we have noted before the Ontario government is no longer referring to ONCA coming into force in early 2020. A few months ago we put in a freedom of information request on ONCA and the computer company developing the new ONBIS system. We just received the answer to my ATIP request and needless to say it does not answer either of the questions with there being some significant redactions.

 

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Copyright or trademark protection? Sometimes, it’s both

In general parlance the terms “copyright”, “trademark”, and “patent” are often incorrectly interchanged, much to the chagrin of IP practitioners. While all three types of IP are very different, they are inextricably linked in many cases.

 

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United States-Mexico-Canada Agreement amendments

On Dec. 10, 2019, Canada, the United States of America, and Mexico agreed to substantial amendments to the United States-Mexico-Canada Agreement (USMCA), the trade agreement that is slated to replace the long-standing North American Free Trade Agreement (NAFTA).

 

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‘Green’ governance: CSA outlines expectations regarding governance disclosure and practices in the cannabis sector

Regulatory and legal risks abound in developing business areas, such as the recently legalized cannabis industry in Canada. One of the key challenges for industry participants that are reporting issuers relates to meeting disclosure obligations.

 

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International Chamber of Commerce releases 2020 update to its standardized international trade terms

The International Chamber of Commerce (ICC) recently released the 2020 update to its standardized international trade terms (Incoterms 2020). Incoterms 2020 builds on the most recent version of the standardized terms released 10 years ago (Incoterms 2010).

 

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2019 brings guidance on cyber in Canada

This year has seen a number of interesting developments in Canadian cyber security. While the first wave of data breach cases slowly work their way through the court system, guidance for Canadian businesses has come from many other sources, including the federal government and regulators.

 

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How much does a Canadian patent cost?

Asking how much it costs to get a patent in Canada is a bit like asking how long a piece of string is. The answer, of course, depends on many different factors, but there are a number of general guidelines that can be used to anticipate likely costs that will be incurred over the lifetime of a patent.

 

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Discharge for annuity buy-outs in Ontario: It’s finally here!

Ontario’s long-awaited changes to provide for statutory discharges on the purchase of buy-out annuities are finally in force. The buy-out annuity is a popular risk management mechanism in many jurisdictions, such as the UK and the U.S.

 

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