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Inside Internal Controls

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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

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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Site blocking orders come to Canada: GoldTV.biz

In an important decision released Friday, November 13, 2019, the Federal Court of Canada issued the first Canadian site blocking order against sites that predominantly facilitate copyright infringement.

 

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Firepower: Guidance on whether commissions owed to salespersons are held in trust by a business and outside of insolvency

In Firepower Debt GP Inc. v. TheRedPin, Inc., 2019 ONCA 903 (“Firepower”), the Ontario Court of Appeal recently affirmed a decision of Justice Penny that commissions held by an insolvent real estate brokerage but owed to real estate salespersons were not held in trust and were thus subject to the security of the brokerage’s lenders.

 

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Insolvency amendments now in force under the BIA and CCAA

Extensive amendments to the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act coming into force on November 1, 2019 through Bill C-97 will have a significant effect on certain aspects of insolvency proceedings commenced after that date.

 

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When it rains, it pours – Supreme Court of Canada allows umbrella purchaser claims

Umbrella purchasers are persons who purchased a product that was neither manufactured nor supplied by the cartel members.

 

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Cryptocurrency taxation update

On May 17, 2019, the Department of Finance released proposals to amend the Excise Tax Act (Canada) to treat certain virtual currency as a financial instrument for GST/HST purposes.

 

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When copyright in a work transfers to the Crown: Keatley v. Teranet

When does copyright transfer to the Crown under the Copyright Act? The Supreme Court clarified this in a landmark ruling released earlier today in Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43, authoritatively interpreting Section 12 of the Act.

 

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Competition Bureau reinforces its focus on non-notifiable transactions

In a recent news release, the Competition Bureau made official its intention to increase the resources it devotes to the identification and review of non-notifiable merger transactions.

 

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Keeping things in context: B.C. Court of Appeal considers the roles of context and public debate in defamation cases

The B.C. Court of Appeal’s recent decision in Northwest Organics, Limited Partnership v. Fandrich demonstrates the importance of keeping things in context when determining whether an allegedly defamatory statement has a defamatory meaning.

 

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