The judgment of the Supreme Court of Canada in in Bisaillon v. Concordia University is a welcome reaffirmation of two principles. The first is that the procedural remedy has not changed the substantive law. Thus, if no individual action lies, no collective action lies either. The second principle is that the class representative must have a sufficient personal interest to sustain an action. This paper will examine each of these principles in light of examples drawn from Quebec case law.
This article covers a newly passed Florida law that requires health care providers and digital health technology platforms using certified electronic health record technology (CEHRT) to ensure that all patient information is physically maintained within the United States or Canada.
This list summarizes ten important issues regarding the energy market in Ukraine in the forthcoming years (there will be a shift from a centralized electricity trading module to a more competitive electricity trading regime). These issues will affect each and every business in Ukraine, especially power generating companies, electricity suppliers (including importers and exporters) and electricity consumers. Liberalization of the electricity market in Ukraine has been a long-awaited measure for Ukraine and is seen as a solid step towards relevant EU standards that should bring, among others, enhancement of energy security and overall conditions for new investments.
When you file a Madrid originating application, and designate Canada, you should receive a “Courtesy Letter” from the Canadian Intellectual Property Office (CIPO). This chart provides a non-exhaustive illustration of where CIPO will direct all correspondence for a Madrid originating application, and why you may wish to appoint a Canadian agent for the Canadian application.
This primer identifies the early warning signs of a company's insolvency and to be aware of the issues that can arise when a client or a supplier becomes insolvent in Canada.
An overview of jurisdiction issues that arise for multinational employers. Includes a discussion of The Supreme court of Canada's "Real and Substantial Connection" Test for when a suit is appropriately brought in a specific jurisdiction.
In this multi-country guide, learn about key laws regarding insurance and insurers in a wide range of jurisdictions. This resource was originally published on the website of CMS on January 31, 2023, and last updated May 19, 2023.
As close neighbours, many might assume American and Canadian employment laws are the same – but they are not. Companies carrying on business in (or considering expanding into) Canada could gain a significant advantage by learning about the Canadian employment law environment. By understanding compliant hiring practices, employment legislation, contractual implications, leave entitlements, termination entitlements, post-employment restrictions, and other laws that impact your Canadian workforce, you can make informed decisions and achieve synergy with your domestic workforce.
John B. Ross is the general counsel of Williams Scotsman International, Inc., a company headquartered in Baltimore, MD, that sells and leases modular buildings, mobile offices, and storage containers through its subsidiary companies located throughout the United states, Canada, Mexico, and Spain. He can be contacted at jbross@willscot.com.
This sample policy illustrates an approach to drug and alcohol testing.
The purpose of this Sample Gift Acceptance Policy is to provide guidelines relating to the acceptance and processing of gifts in a manner that is consistent with the mission and values of America’s Promise Alliance and to provide donors with transparency on the matters described herein. This policy shall be posted to the America's Promise Alliance website and made available for all donors to view.
50/50 raffles conducted at sporting events are an easy way for organizations to raise funds for charity. Participants purchase tickets at a low, predetermined amount and the holder of the winning ticket is awarded half of the proceeds from ticket sales. The other half of the pot is awarded to a charitable organization.
This program originally aired on May 11, 2023. Due to the nature of its content, this live program is not eligible for CLE/CPD credit.
"Did we mean to buy that?" This is, fundamentally, the question that Legal Operations professionals often want to ask their litigation team stakeholders. To succeed, Legal Operations and attorney colleagues must collaborate as partners, as well as with outside counsel through better matter management and eBilling processes. Even though in-house legal professionals understand the big picture, sometimes they spot issues in billing, some quite humorous, but others potentially risky, that need to be shared with their stakeholders. Join us as our panelists share real examples of invoice review guideline non-compliance and help legal operations and litigation leaders to:
Generously sponsored by Epiq
Canada’s first trial under the Corruption of Foreign Public Officials Act (CFPOA) concluded with a conviction on Aug. 15, 2013. Justice Hackland of the Ontario Superior Court found Nazir Karigar, a Canadian businessman, guilty of agreeing with others to offer a bribe to an Air India official and another Indian government official, in violation of the CFPOA. Although three companies have previously pleaded guilty under the CFPOA, this is the first case to go to trial and the first conviction of an individual under the CFPOA.
This article reviews the Copyright Modernization Act and the notable changes that will result from its partial implementation. These changes include new moral rights for performers of live aural performance and the broadening of the fair dealing exception by including education, parody and satire in allowable purposes.
Fantasy Sports has been in the headlines lately as states and the federal government grapple with the legality of this $2 billion industry. This panel will examine the legal framework around this industry that boasts approximately 60 million participants in the US and Canada alone.
An informative primer on accessing foreign tax information networks under the OECD Model Convention.
A sample substance abuse policy that includes a list of prohibited activities and manager's responsibilities.
Use this checklist to make sure you have covered all employee benefits issues in light of the US Supreme Court's Dobbs decision overturning the right to an abortion.
This checklist was originally published on Epstein Becker & Green, P.C.'s website.
Learn about Quebec's strengthening of the French language with the May 2022 adoption if Bill 96 and its effects on business.
This brief article provides ten tips for in-house counsel to consider when evaluating e-discovery software or services when evaluating opportunities in the United States and globally.
This Quick Overview is intended to demystify "non-fungible tokens" (NFTs) at a broad level, introduce the concept and functionality to non-tech counsel, and provide a practical approach to addressing intellectual-property issues and other legal concerns that may arise in connection with NFTs.
Learn about the importance of appropriate IP due diligence in transactions decision-making and risk-taking.
The Fair Work Ombudsman has posted the following information sheet on their website https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/employment-conditions-during-natural-disasters-and-emergencies but it is important for especially larger employers to understand that these are the minimum requirements and there are opportunities to provide other sorts of assistance as well.
This article includes a review of Wyoming’s attributes as a jurisdiction to base a corporation, limited partnership (“LP”) or
limited liability company (“LLC”), and then reviews Wyoming’s unique (in the United States) laws facilitating company and investment fund formation and investment vehicles focused on cryptocurrencies, digital assets and DAOs.
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