Now that January is over and with it many of your New Year’s Resolutions, here is an HR Check List that employers should resolve to consider: Ontario employers are required by law to have the following workplace policies: an Accessibility Policy; a Pay Equity Plan (employers with 10 or more employees); a Workplace Health and …
A Look at New and Recent Fiduciary, Diversity and Corporate Filing Rules for Federal Corporations
Companies governed by the Canada Business Corporations Act (the “CBCA”) should be aware and mindful of recent amendments to the CBCA related to directors’ and officers’ fiduciary duties and diversity disclosure requirements with consequential filing obligations. Some of the amendments are already in place, others will come into force in January 2020 and the balance …
Recruiting and Employing Your Workforce in Ontario Part One: Recruiting Your Workers
Entering into any new market for business can raise questions about the legal issues and requirements of recruiting and employing your workforce. American employers may be nervous about operating without “at-will” employment of their workforce. Some employers may be tempted to use an “easy strategy” of independent contractor arrangements in place of employment relationships. This …
Afta’ NAFTA isn’t in D.C. and Ottawa
As Canada and the United States wrap up more than two years of work on the Canada-United States-Mexico Agreement (CUSMA), one pressing question remains for the cross-border business community—what can we expect after NAFTA? The answer rests not in Washington, D.C. nor Ottawa, but in state and provincial capitals throughout North America. Before turning to …
The Limits to Class Action Privacy Claims in Ontario
Since the Ontario Court of Appeal’s decision in Jones v Tsige,[1] creating an Ontario version of the tort of invasion of privacy called “intrusion upon seclusion”, privacy-related class actions have emerged as a growth area. Many of these have focused on the institutional release of personal information and some have been successfully certified.[2] However, a …
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Are Canadian Franchises Ready to Expand Internationally?
Historically, Canadian franchisors have not ventured into foreign markets in great numbers. When they have, it has mostly been to the massive, franchise savvy, U.S. market, with very mixed results. However, times have changed. Today, we see more international expansion from Canadian franchisors, and more are expected in the future. What is causing this change? …
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WSIB’s Rate Framework Reform – The Countdown Continues
This is the second part in the series of updates and insights to assist Schedule 1 employers with the transition to the new WSIB Rate Framework (“RF”) which will commence on January 1, 2020. The last post contained the broad strokes on how the new RF would work and referenced the fact that the WSIB …
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An IPO or an RTO, That is the Question
On January 3, 2019, the Financial Post reported that 54 new equity issues on four Canadian exchanges raised a total of $2.2 billion dollars in all of 2018, approximately less than half of the $5.1 billion generated from the 37 initial public offerings (“IPOs”) in 2017. According to Go Public in Canada, between the two …
What are the Benefits of Representation and Warranty Insurance in M&A Deals? Close Negotiation Gaps and Ensure Smoother and More Favourable Outcomes
Although representation and warranty insurance (RWI) is an insurance and risk allocation product that has been available for over a decade, the Canadian M&A deal market has not previously embraced it to the same extent as the U.S. market. However, the situation in Canada is changing and if you are purchasing or selling a business, …
Key Considerations For A Franchisor Exit Strategy: The M&A Deal
Acquisitions of other businesses, to strategically grow an existing business or as a financial investment aimed at earning a good return, have been around since the beginning of modern commerce. However, historically, franchise companies grew organically, with traditional financing, as needed. Exit strategies for the entrepreneur-franchisor were often very low on the strategic plan. Today, …
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