Bill 168 and Corporate Governance in Canada - Between a Rock and a Hard Place

Bill 168, here, amended the Occupational Health and Safety Act, here, to add new workplace violence rules. As most enterprise risk management is driven by policies and procedures, many internal and outside lawyers have been creating company rules to help demonstrate compliance with the new laws. The intent is to put the onus on management to ...
Posted: 5/30/2012 4:53:17 PM by MSI

Director and Officer Liability without Culpability

There has always been risk of personal loss to directors, even in absence of intent to harm. Such loss is usually financial loss and not criminal incarceration. However, even though this financial loss may be limited to legal fees incurred to achieve dismissal  or settlement (at least in the situation of absence of intent), such fees can be...
Posted: 9/30/2011 12:00:00 AM by Global Administrator

Canadian Class Action Securities Claims: Legal Fees increase in Early Stage of Securities Claim

In Pennyfeather v Timminco Limited, here, the court determined that Plaintiff particulars can be compelled prior to the class action certification order, but, in turn, the statement of defence may be required prior to the order as well. In the Pennyfeather case the plaintiff did not provide particulars, and argued that defendant’s req...
Posted: 8/22/2011 12:00:00 AM by Global Administrator

Bill 65 – Ontario Not-For-Profit Corporations Act

NFPCA – the new Not-for-Profit Corporations Act, 2010, (NFPCA), here, passed by the Ontario Government October 19, 2010, is the new framework for Ontario’s 46,000 not-for-profit corporations (NFP). NFPs may also incorporate federally and therefore subject to the federal Not-for-profit Corporations Act.The NFPCA will replace the ...
Posted: 4/26/2011 12:00:00 AM by Global Administrator

Director and Officer Liability from New Legislation in Canada

New “Fighting Internet and Wireless Spam” (FISA) legislation, (Bill C-28) has too long a name to bother retyping, so you can find it here. It is designed to make changes to the CRTC Act, the Competition Act, PIPEDA and the Telecommunications Act, with the intent to reduce unsolicited electronic contact including identity th...
Posted: 3/14/2011 12:00:00 AM by Global Administrator

Value of Communities and other Social Media, and Media / Advertising Risk

The value of Canadian electronic communities and other social media may be going up soon. The proposed legislation in Bill C-28 – the Fighting Internet and Wireless Spam Act (FISA) – will make some significant changes to the law. It will require consent for any email or text messages. Senders of electronic messages will be required t...
Posted: 10/3/2010 12:00:00 AM by Global Administrator

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