Business
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November 11, 2024
Overturned sex assault charge destined to attract critics
When A.R. and J.E. moved to Ontario in 2012, A.R.’s daughter from a previous relationship, T.R.S., stayed behind to live with her father. But when T.R.S. was 11 years old, her father became terminally ill and could not take care of T.R.S. A.R., and J.E. agreed to take her in.
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November 11, 2024
Estate freezes and resulting litigation issues
In my recent article “Estate freezes: An icebreaker,” I discussed how an estate freeze can be used to “lock in” the value of a family business’ shares at a given point in time and pass on the growth of that business to the business owner’s children. I briefly touched on some of the potential pitfalls that can complicate the execution and maintenance of an estate freeze. One of these complications — and the source of much of the litigation surrounding estate freezes — is the availability of the oppression remedy to the company’s shareholders.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 08, 2024
Consultation on freedom of expression at Alberta regulatory bodies driven by politics: observers
The Alberta government has launched a consultation as it considers bringing in legislation aimed at protecting what the province described as freedom of expression at regulatory bodies, but a number of legal observers say the review is being driven by politics rather than serious concerns about what regulators are doing.
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November 08, 2024
FCA dismisses appeal regarding ministerial order related to PEI potato wart infestation
The Federal Court of Appeal has dismissed an appeal related to the judicial review of an order declaring Prince Edward Island as “a place infested with potato wart” and prohibiting the movement of the province’s seed potatoes without written authorization from an inspector.
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November 08, 2024
Regulator finds two-thirds of issuer disclosures reviewed in 2024 required amendments, refiling
Two-thirds of reporting issuers whose disclosures were assessed under a continuous disclosure (CD) review program in 2024 were forced to either improve or amend disclosures, refile documents or were referred to enforcement, cease-traded or placed on the default list, according to a release.
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November 08, 2024
Lerners welcomes 6 new associates in London
Recent news releases from Lerners LLP announced the addition of Greg Woodward, Kevin Wilbee, Emily Woods, Orion Boverhof, Megan Linaric and Daniele Sing as associates in the firm’s London offices.
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November 08, 2024
H-1B visas move online: How Canadian companies can navigate the digital migration
For well over a decade, U.S. Citizenship and Immigration Services (USCIS) has sought to bring U.S. immigration benefit filings online. Until recently, such online filings had largely remained limited to personal filings, such as an I-90 (Application to Replace Permanent Resident Card) or N-400 (Application for Naturalization). This meant that employers have continued to ship large paper-based petitions (often with hundreds of pages of paper) to various USCIS service centers throughout the United States, adding additional logistics and materials costs to the already cumbersome process.
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November 07, 2024
Federal Court of Appeal upholds random drug testing for ‘safety critical’ nuclear workers
The Federal Court of Appeal has upheld pre-placement and random alcohol and drug testing requirements for safety-critical workers at nuclear facilities, rejecting a union challenge to their constitutionality.
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November 07, 2024
Court order obtained against legal software maker Dye & Durham as part of competition probe
The federal Competition Bureau has obtained a court order to advance an investigation into whether Toronto-based legal and business software provider Dye & Durham is engaging in conduct contrary to the restrictive trade practices provisions of the Competition Act, including abuse of a dominant position.