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Aboriginal law Business Canada

UN Working Group calls on Canada to do more to address human rights abroad

A United Nations working group on business and human rights is calling on federal and provincial governments as well as industry associations and companies to bolster their efforts to prevent and address “adverse human rights impacts” of business activities in Canada and abroad.

The UN panel lauded the federal government for undertaking some initiatives to deal with business and human rights, particularly in the extractive sector, but underscored that it could do much more.…

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Business Public law Quebec

Quebec lobbyists commissioner appeals for tougher legislation

Talk is cheap.

So says François Casgrain, Quebec’s lobbyists commissioner, who will be retiring by the end of the month after an eight-year term due to health reasons.

Casgrain, disappointed but not bitter, chastised Quebec politicians of all stripes for failing to bolster, expand and simplify the province’s lobby laws. Four successive provincial governments promised over the years to shore up lobby laws, and none have kept their word. The latest effort, Bill 56, is languishing since November 2015.…

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Business Canada Legal Practice Management

Business heaves sigh of relief as federal government suspends controversial private right of action provision in anti-spam law

Canada’s business community has just heaved a huge sigh of relief.

The federal government issued an Order in Council that suspends the controversial implementation of the private right of action under Canada’s Anti-Spam legislation (CASL) until the completion of a parliamentary review due to “broad-based concerns” raised by businesses, charities and the not-for-profit sector.…

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Business Class actions Intellectual property Privacy

Monetizing data, without consent

You can still download the application if you want. But if you believe what Kyle Zak has to say about it, it’s not something you would do. Not unless you don’t mind the trade-off between ease-of-use and the reams of information you will allegedly provide to the popular audio maker Bose Corp.

The lawsuit filed by Zak against Bose is the latest to allege companies of surreptitiously tracking consumers, without their consent, to collect data and then to either solicit more business or sell it to third parties.

Early this year Ottawa-based sex toy maker We-Vibe settled a privacy lawsuit for $5 million after a line of its vibrators were found to have secretly collected and transmitted “highly sensitive information” about consumers without their knowledge or consent.…

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Business Canada White-collar crimes

Auto parts maker fined $13.4 million for bid-rigging offenses

In the second-largest fine ever ordered by a court in Canada for bid-rigging offenses, the Ontario Superior Court of Justice fined Mitsubishi Electric Corp. $13.4 million after it plead guilty to three counts of bid-rigging for participating in an international conspiracy, capping a fine week by the Competition Bureau.

Bureau investigations involving car parts have resulted in over $84 million in fines imposed by the courts in Canada since April 2013. The largest fine to date under the bureau’s campaign was $30 million levied in 2013 on Yazaki Corp. for rigging bids on wire harnesses for Honda and Toyota. All told, ten car parts manufacturers have been fined.…

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Business Quebec Quebec Court of Appeal Rulings

Hydro-Québec wins back-to-back legal skirmishes in longstanding energy dispute over Churchill Falls

Newfoundland and Labrador suffered back-to-back legal setbacks in its long-running energy feud with Hydro-Québec after Quebec courts held that the provincially-owned utility was under no obligation to renegotiate a controversial 1969 agreement and that it was entitled to purchase all but a fraction of the power generated by Churchill Falls power plant.…

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Financial services Quebec White-collar crimes

Nearly $8.8 million in monetary sanctions imposed in 2016 for Quebec securities offenses

When Judge Réna Émond of the Court of Québec imposed just before the Christmas holidays fines totaling $120,000 on Danny Gagné and ISpeedzone Inc. for illegal practice as a securities dealer, it wrapped up a good year for Quebec’s financial watchdog.

Nearly $8.8 million in fines and administrative penalties were imposed on 158 individuals and firms in 2016 for various offences under laws administered by the Autorité des marchés financiers (AMF), according to the latest enforcement report by the regulator. …

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Business Quebec Quebec Court of Appeal Rulings

Transports Quebec ordered to pay $1.6 million to subcontractor

The Quebec Ministry of Transport was ordered to pay a subcontractor $1.6 million for roadwork even though it had shown signs of premature wear and tear after the Quebec Court of Appeal held that the subcontractor did not face a warranty of durability.

In a ruling that provides guidance over contractual notions such as obligation of result, performance of work and warranty of durability, the Quebec appeal court reaffirms a contractor’s positive obligation to provide information to third parties, according to experts in contract and construction law.…

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