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Author Archive - McCarthy Tétrault LLP

McCarthy Tétrault is a Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally. McCarthy publishes a series of blogs to share information with companies to help them comply and manage their businesses. On the Inside Internal Controls blog we will share some of those blog posts sharing their expertise among others, in the areas of Competition/Anti-trust, Corporate and Commercial Law, Intellectual Property, Privacy, Environmental Law, Technology and Litigation. Read more here

Additional amendments to Proceeds of Crime (Money Laundering) and Terrorist Financing Act Regulations issued

On February 15, 2020, draft amending regulations (the “Draft Regulations”) were issued, proposing a number of amendments to be made to the prior amendments to the regulations (the “Regulations”) under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “PCMLTFA”). The Draft Regulations are open for comment until March 15, 2020 and will come into force on the day they are registered.

 

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Toronto exercises bylaw exemption to permit 24/7 inventory deliveries in response to COVID-19

In an effort to ensure that essential goods remain in stock, and in the wake of successive waves of panic buying that have left many retailers with significantly depleted inventory levels, the City of Toronto has exempted retail businesses from the usual application of its noise bylaws. In doing so, the City paved the way for retailers to accept deliveries 24-hours a day as of Monday, March 16, and continuing until further notice.

 

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COVID-19 Considerations from our bankruptcy & restructuring experts

Because of the speed with which the recent adverse circumstances have developed, businesses that may have otherwise been able to adapt may not have had an opportunity to do any meaningful contingency planning.

 

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COVID-19 – Managing privacy and cyber issues

Privacy laws require that personal information is at all times protected by appropriate security safeguards, and this requirement will continue to apply in connection with COVID-19 work-from-home arrangements

 

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Liability for artificial intelligence — Why Canadian businesses should pay attention to recent developments in Europe

Late last year, the European Commission’s Expert Group on Liability and New Technologies – New Technologies Formation (NTF) released a report on Liability for Artificial Intelligence. The report focuses on liability regimes across European Union (EU) member states and offers high-level recommendations on how those liability regimes can be adapted to meet challenges posed by artificial intelligence (AI) and other digital technologies.

 

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Unintended consequences? The Vavilov Standard of Review is applied to commercial arbitrations

For many decades, the standard of review of a commercial arbitration decision on appeal to a court has been reasonableness. There are good policy reasons for this. Making arbitral decisions more difficult to reverse on appeal increases certainty for parties who have contracted for arbitration rather than litigation as their preferred method of dispute resolution. It also enhances the viability of arbitration as an alternative forum to the courts, reducing the burden on overstrained judicial resources.

 

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Purchasers cannot walk away: British Columbia Court of Appeal confirms unpaid deposits must be paid

There has been some uncertainty about whether a purchaser who enters into a contract but fails to pay the deposit still forfeits the deposit for repudiating the contract. The British Columbia Court of Appeal recently answered that question in Argo Ventures Inc. v. Choi, 2020 BCCA 17.

 

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The debate over Vavilov’s applicability to commercial arbitration appeals continues in Alberta

In just two short weeks, Canadian courts in different provinces have reached opposite conclusions on whether the new standard of review framework for administrative tribunals, as set out in Bell and Vavilov, applies to local commercial arbitrations.

 

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Has the law of franchise rescission changed since raibex? An Ontario court provides a partial answer

The recent decision in 2483038 Ontario Inc. v. 2082100 Ontario Inc.,[1] confirms a narrow point of franchise law, namely that an unsigned certificate in a Franchise Disclosure Document continues to constitute a “fatal flaw”, despite the Ontario Court of Appeal’s decision in Raibex Canada Ltd. v. ASWR Franchising Corp.[2] The decision also clarifies the liability of “franchisor’s associates”.

 

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Advisory committee on open banking releases report on consumer-directed finance

On January 31, 2020, the Advisory Committee on Open Banking (the “Committee”) issued its first report (the “Report”) in connection with the Department of Finance Canada’s (“Finance Canada”) consultation process on open banking.

 

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Privacy Commissioner of Canada argues for rights-based privacy laws in annual report

In this note, we focus on one aspect of the Report: the Commissioner’s argument that federal privacy laws should explicitly recognize privacy as a human right and give greater priority to individual privacy rights.

 

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Free speech on campus is subject to the Charter — but only in Alberta

On August 2018, Ontario’s Ministry of Training, Colleges and Universities announced that it would “require every publicly-assisted college and university to develop and publicly post its own free speech policy by January 1, 2019 that meets a minimum standard specified by the government”. In December 2019, Alberta’s government followed suit.

 

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Barker v. IPC: Weighing the public interest in freedom of information requests

Ontario’s freedom of information laws permit an institution to publicly disclose sensitive personal information if there is a “compelling public interest” that outweighs the individual’s privacy. But is this balancing analysis undertaken for each tidbit of personal information, or is the public interest provision considered with a view to the totality of the records?

 

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Mandatory cybersecurity incident reporting for IIROC investment firms

In November 2019, the Investment Industry Regulatory Organization of Canada released new mandatory reporting requirements for cybersecurity incidents, per IIROC Notice 19-0194. What are the new requirements?

 

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FINTRAC updates guidance on verifying the identity of individuals and other entities

anti-money laundering

Following consultations with businesses and reporting entities, FINTRAC has updated its guidance on Methods to verify the identity of an individual and confirm the existence of a corporation or an entity other than a corporation (the “Guidance”) effective October 2019. The updated guidance reflects amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations that came into force on June 25, 2019.

 

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