Doing Business in Canada 2017: Read the Latest Updates to Our Popular Guide

McCarthy Tétrault’s Doing Business in Canada provides a user-friendly overview of central aspects of the Canadian political and legal systems that are most likely to affect new and established business in Canada. The newest edition includes sections on: Immigration (at page 129); Employment (at page 151); and Dispute Resolution (at page 171). View Full Post
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Alberta Court of Appeal Upholds Redwater Decision

By Kimberly J. Howard Kimberly J. Howard In a majority two to one decision released on April 24, 2017, the Alberta Court of Appeal (ABCA) upheld the lower court ruling in Re Redwater Energy Corporation.  Our discussion and analysis of the trial decision in Redwater, which settled a lengthy conflict between the Alberta Energy Regulator and insolvency professionals on the proper interpretation of section 14.06 of the Bankruptcy and Insolvency Act (Canada), can be found here. View Full Post
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Foreign Auditors Could Face Oversight in Canada

Stakeholders have been invited to provide feedback on the desirability and feasibility of oversight requirements for work conducted by foreign audit firms for Canadian issuers, as described in a CSA Consultation Paper published on April 25, 2017. Responding to a proposal by the Canadian Public Accountability Board (CPAB), the CSA is exploring amendments to National Instrument 52-108 Auditor Oversight which would require foreign audit firms involved in the audit of a reporting issuer’s financial statements (Component Auditors) to register as a participating audit firm (a PAF). View Full Post
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Update On Cyber Security: CSA Publishes Results of Roundtable On Response to Cyber Security Incidents

Jérémie Ste-Marie and Vanessa Coiteux –  The results of the Canadian Securities Administrators’ (CSA) February 27, 2017 roundtable on cyber security issues were published in a Staff Notice on April 6, 2017. Primarily analyzing the importance of cooperation, coordination and information sharing with regards to incident response, the Staff Notice follows this year’s publication of CSA Multilateral Staff Notice 51-347, which focused on cyber security risk disclosure, and is in line with CSA Staff Notice 11-332 Cyber Security (Notice 11-332), which reiterated that cyber security is one of CSA’s top priorities. View Full Post
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To Plead or to Concede?…that Should Be the Question

Vlad Calina – In Bernstein v. Peoples Trust Company, the Court transmitted “a salutary message… to Class Counsel that they should not over-plead their case and that they should make appropriate admissions or concessions.”   Background The representative plaintiff successfully certified a class action on behalf of all consumers in Ontario who purchased or acquired a prepaid payment card sold or issued by Peoples Trust Company between October 1, 2007 and April 30, 2014. View Full Post
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Lawful Access: The Privacy Commissioner Reiterates Its Position

One of the challenging aspects of PIPEDA in recent years has been the new section 7(3)(c.1)(ii), which permits organisations to disclosure personal information to a government institution that has requested the disclosure for the purpose of law enforcement and has stated its “lawful authority” for the request. View Full Post
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In Which Ontario Court Do I Bring My Constitutional Challenge?

By | Canadian Appeals Monitor | April 26, 2017
By Byron Shaw Byron Shaw “Can a litigant challenge the constitutional validity of subordinate legislation such as a provincial regulation by bringing an application under Rule 14.05 in Superior Court or is she required to proceed by way of an application for judicial review in the Divisional Court?” Justice Belobaba says “Yes” in Di Cienzo v. View Full Post
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Can an Employment Agreement Executed After the Employee Starts Work Be Enforced? the Ontario Court of Appeal Says Yes.

By Donovan Plomp Donovan Plomp Julia Wood received an offer for employment from Fred Deeley Imports (“Deeley”) on April 17, 2007. Wood accepted the offer during the phone call, and later received an email from Deeley which outlined the terms of her employment. View Full Post
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