Recent legal news from Canada

ONCA Affirms an Offer of Employment by the Purchaser of Business Assets to an Employee of the Seller is Valid Consideration for a New Employment Contract By Monique Ronning In Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873, the Ontario Court of Appeal confirmed that s. 9(1) of the Employment Standards Act, 2000 (the “Ontario ESA”), deems there to be continuity of employment for the purposes of the legislation only, and does not displace the common law rule that an offer of employment by the purchaser of the assets of a business is valid consideration for a new employment agreement. View Full Post
L’amour des fans de Nutella a donné lieu à des émeutes dans des supermarchés français suite à une promotion ayant fait chuté de 70% le prix de la pâte à tartiner parfumée à la noisette et au cacao. Ceci fait suite à des plaintes de consommateurs ayant découvert qu’il y avait eu un ajustement à la formule en 2017. View Full Post
On January 18, 2018, the Investment Industry Regulatory Organization of Canada (IIROC) released its Compliance Priorities Report for 2017/2018, identifying cybersecurity as a “high priority” issue that IIROC dealer members should address to improve investor protection and foster market integrity. View Full Post
On February 14, 2018, the United Kingdom Financial Conduct Authority (FCA) published a proposal for a global regulatory sandbox.  The goal of a regulatory sandbox is to encourage innovation by allowing carefully-selected firms to test their concepts on a controlled subset of consumers without triggering full regulatory requirements at the outset.  View Full Post
Personal Injury Law Advertising By Jordan Bélanger, University of Montreal  The practice of advertising legal services has long been a subject of ethical debate within the legal profession. Lawyer advertising was traditionally considered professional misconduct, as it was feared that soliciting clients would erode public confidence in the profession. View Full Post
Insider Trading and Tipping: the Ontario Court Of Appeal Confirms the Test for Establishing Tippee Liability By Kate Macdonald and Sarah Blanco The Ontario Court of Appeal recently released a significant decision on the insider trading provisions of provincial securities legislation.  In Finkelstein v. Ontario Securities Commission, 2018 ONCA 61, the Court considered for the first time the insider trading and tipping scheme in the Securities Act, R.S.O. View Full Post
The Quebec Court of Appeal comments on the Role of Class Action Representative and Interactions with Class Counsel, in the context of Abusive Proceedings By David E. Roberge and Michel Gagné In a judgment issued on February 19, 2018 in the matter of Deraspe v. Zinc Electrolytique du Canada Ltée[1], the Quebec Court of Appeal (Justices Dutil and Roy concurring, with Justice Rancourt dissenting) confirmed the decision of the Superior Court declaring both class representative and counsel to be vexatious litigants and disqualifying them from the case. View Full Post
The decision in DBDC Spadina Ltd. v. Walton, 2018 ONCA 60 provides insight on when corporations that are de facto under control of a fraudster can be held liable for claims of knowing assistance in the breach of fiduciary duty and knowing receipt of trust property. View Full Post