UK clarifies scope of privilege
Decision of Court of Appeal allays concerns about narrowing scope of professional privilege Nov 27, 2018 A RECENT DECISION of England and Wales’s Court of Appeal has allayed concerns about the narrowing scope of professional privilege afforded to legal advice in the United Kingdom. The decision in Director of the Serious Fraud Office (SFO) v. Eurasian Natural Resources Corporation (ENRC), released […]
A 2018 roundup of the top legal cases in the benefits industry
December 21, 2018 When considering the legal cases attracting the most attention from the pension and benefits industry in 2018, the Ontario Human Rights Tribunal’s decision in Talos v. Grand Erie District School Board was one of the most talked about of the year. “This case is important because plan administrators who previously relied on the Employment Standards […]
Feds toughen, expand list of integrity regime offences
Friday, January 11, 2019 The federal government’s changes to the integrity regime, which came into force on Jan. 1, 2019 to help ensure it does business with ethical suppliers in Canada and abroad, could well be a wake-up call for business. “In the last five years, there’s been a sense of complacency in the online […]
Saskatchewan to adopt super-priority for deemed trusts
January 23, 2019 Saskatchewan will soon be the latest jurisdiction to adopt an enhanced priority for deemed trusts created by its pension benefits legislation. The Pension Benefits Act establishes a deemed trust for amounts contributed by both employers and employees. Bill 151, which amends the province’s Personal Property Security Act, will create a super-priority for […]
From record highs to crisis lows, volatility takes toll on debt markets
On the bright side, Canada is developing a broader and deeper hybrid market Canadian issuer activity in debt capital markets last year turned out to be nothing less than a tale of two halves: a record first half, followed by the slowest second half since the financial crisis. “H1 was busy, the summer was the […]
How will OHIP+ rollback affect plan sponsors?
February 4, 2019 The Ontario government is proposing a rollback of OHIP+, which would restrict the free prescription drug coverage program to dependants under age 25 who aren’t covered by private plans. The previous Liberal government implemented the program in January 2018 with an estimated cost of $465 million annually. It covered all OHIP-insured dependants […]
Feds settle class action, compensating 1,700 who became ill on parental leave
February 13, 2019 The federal government’s about-face in settling a multi-million dollar class action in the Federal Court of Canada means more than 1,700 individuals who become ill while on parental leave between 2002 and 2013 will be compensated for the government’s refusal to convert their benefits into employment insurance sickness benefits. For 11 years […]
Issues that keep boards awake at night
25 Feb 2019 With proxy season looming, Canadian public issuers are taking their usual rear-view mirror peek at last year’s developments in corporate governance and disclosure, all with a view to ensuring that boards are properly prepared to meet shareholders’ expectations and demands. And, increasingly, dealing with these issues becomes more daunting. “On the one […]
All that glitters is not gold
Bitcoin and other cryptoassets may be today’s darling, but regulators are struggling to keep up with their evolution, including how to apply tax law to them Feb 14, 2019 If the sudden demise in the price of Bitcoin — from almost US$20,000 in late 2017 to about $3,600 in early January 2019, erasing some $200 […]
Top 10 Business Decisions of 2018
Canadian courts delivered a number of notable decisions that affected Canadian business in 2018, including the Federal Court of Appeal overturning Tsleil-Waututh Nation v. Canada (Attorney General) Feb 14, 2019 While six of Lexpert’s top 10 business decisions from Canadian appellate courts and administrative tribunals in 2018 came out arguably in favour of the business community, that trend […]