Category: Latest Insights

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Retail Insolvencies in Canada Series, #1: Landlord Perspectives

July 18, 2017

This article is the first instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. The Companies’ Creditors Arrangement Act (Canada) (CCAA) is the principal statute for the reorganization, or sale, of large corporate debtors in Canada and the functional equivalent to Chapter 11 of the U.S. Bankruptcy Code (Chapter 11) in the United…

Infographic: Data Breach Disruptions: The Cost of Cybercrime in Canada

July 11, 2017

News about malicious cyber-attacks have been flooding media outlets in recent weeks as high-profile viruses (including WannaCry and Petya) continue to hit leading global and Canadian companies. What’s the cost here at home? In June, IBM Security and Ponemon Institute released their annual series of benchmark studies exposing the cost of data breach incidents in 13 regions around the world. The results found…

Background Checks by Province: What Employers Need to Know

June 22, 2017

Background screening job candidates is an important part of an employer’s recruitment process. There are several different background checks that are generally permissible in Canada, but employers must tread carefully. An improperly conducted background check — or a properly conducted one where information obtained is improperly used or disclosed — can expose an employer to liability. Therefore, it is critical…

Top 10 Issues for Employers, #10: Terminating an Employee for Poor Performance

June 7, 2017

This is the 10th and final instalment in our Top 10 Issues for Employers series. This instalment addresses terminating an employee for poor performance. OVERVIEW Under Canadian law, employers may unilaterally and immediately end an employment relationship without notice only if they have a valid reason — or “just cause” — for doing so. Absent just cause, employers must provide…

Groundbreaking New Study Shows Opportunities for Women General Counsel on Boards

May 26, 2017

The majority of current and former general counsel sitting on company boards last year were women, according to a groundbreaking new study from Blake, Cassels & Graydon LLP (Blakes). The study, Blakes Board Report: Opportunities for Women General Counsel​, reports that women comprised 59 per cent of general counsel (GCs) on the boards of publicly listed companies. It also highlights that…

Canada’s Securities Regulators Report on Cybersecurity Disclosure Review

May 23, 2017

Canada’s securities regulators have conducted a wide-ranging review of the largest Canadian publicly listed companies’ practices regarding the disclosure of cybersecurity risks and incidents (Review). The Review, and accompanying report (Report), were recently published in a staff notice of the Canadian Securities Administrators (CSA), the informal coalition of Canada’s provincial and territorial securities regulators. Ross McKee and Kristin Ali of…

Top 10 Issues for Employers, #9: Personal Employee Information

May 18, 2017

This is the ninth instalment in our Top 10 Issues for Employers series. This instalment addresses privacy risks and best practices for employers with respect to the management of personal employee information. OVERVIEW Rapid advances in technology have made it possible for employers to collect all kinds of information during the employment relationship. The information collected about an employee may…

Top 10 Issues for Employers, #8: Employment Considerations in Business Transactions

May 3, 2017

This is the eighth instalment in our Top 10 Issues for Employers series, focusing on employment considerations in business transactions. Specifically, this instalment discusses key employment and labour issues that a prospective buyer (Buyer) of a business (Target) should be alert to before and after entering into a deal. OVERVIEW It is essential to a successful transaction that a Buyer…

Alberta’s Power Reform: Implications for Electricity Providers and Consumers

May 1, 2017

A fundamental shift in the structure of Alberta’s electricity market is underway. The provincial government has promised to phase out the current energy-only market and replace it with a capacity market system, to be fully implemented by 2021. The transition was recommended by the Alberta Electric System Operator in its report, Alberta’s Wholesale Electricity Market Transition Recommendation. The change will…

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