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Home > Our Insights > More Valuable Than Money? The 5 Most Common Equity Compensation Plans
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More Valuable Than Money? The 5 Most Common Equity Compensation Plans

Published:

April 2, 2018

Author(s):

  • Morganne Foley

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Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips. Corporations can use them to attract new talent, to motivate employees to achieve performance milestones or reward them for long service, and to retain employees for the long haul. An equity compensation plan is a way for a corporation to make payment to another – usually an employee – with an ownership stake (or a valuable asset that mimics an ownership stake), instead of with cash. These plans come in several forms; the one that’s the best fit for a particular corporation will depend on its unique circumstances and on what it hopes to achieve.

Here’s a quick look at the five most common types of equity compensation plans.

  1. Stock Option Plans

A stock option plan offers the promise of equity at a set price at a future date, typically on meeting certain conditions. An option gives the holder, often an employee, a right to purchase a certain number of shares at a point in the future at a pre-determined price (the “exercise price”). This right is often tied to the option-holder’s commitment to remain with the corporation for a certain period of time.

Stock option plans are particularly attractive to startups that often lack the cash to entice and keep top talent (like employees, directors, consultants and advisors) to help the corporation grow, and is one of the considerations founders should think about when incorporating their startup. There are some disadvantages of stock option plans. The main one for the corporation is the possible dilution of other shareholders’ equity when option-holders exercise their options. The main one for the option-holder in a private corporation is the lack of liquidity compared to cash bonuses or greater cash compensation. Until a corporation creates a public market for its shares or is acquired, the options won’t be the equivalent of cash benefits; and if the corporation – and its stock value – doesn’t grow, the options and underlying shares could ultimately prove worthless. The option-holder’s motivation is, generally, that the exercise price will be lower than the potential fair market value of the shares at a particular time in the future such that the option-holder both has a stake in the corporation’s future and can acquire that stake at a discounted price.

Stock option plans typically contain some or all of the following terms (among other standard terms):

Option Pool. The Board of Directors determines the size of the “stock option pool”: the number of options reserved for award. The stock option pool diminishes every time the corporation awards options; if the plan isn’t well organized, the options can run out. Plans typically give the corporation discretion to ensure it can retain its outstanding shares in the event of employee departures by giving it rights to cancel options in exchange for a specified financial value.

Stock option agreement. Plans typically require the corporation and the person to whom it will grant the options to sign a written option agreement specifying the date the options are granted, the total number of shares subject to the option, the exercise price, the vesting commencement date and schedule, the expiry date, and any unique terms.

  • Exercise Price. Typically, the Board of Directors determines the exercise price, often at the shares’ fair market value when the options are issued.
  • Vesting Schedule.The option-holder can only exercise their options once they’ve “vested”. Vesting conditions vary, but (particularly in startups) they are often tied to the option-holder’s continued involvement with the corporation according to a pre-determined “vesting schedule”. The vesting schedule outlines the percentage of options the option-holder can exercise after a specified amount of time.
  • Expiry. Once vested, an option stays vested until it expires. Exercising the options is voluntary; there’s no obligation on the option-holder to exercise their options and purchase the shares. If an option-holder doesn’t exercise their options before the expiry date, their unexercised options are cancelled and returned to the corporation’s option pool. For example, if the current market value is less than the exercise price and therefore, the option-holder doesn’t exercise the options before they reach their expiry date, the options will be forfeited and the option-holder won’t be able to exercise them. Stock option plans also typically set out what happens to vested and unvested options if the option-holder is removed (or removes themselves) from their role or becomes disabled, retires or dies.

Shareholders’ Agreement. Once the option-holder exercises their option and purchases the shares, they typically enter into a shareholders’ agreement with the corporation and the other shareholders that governs the ownership of shares and management of the corporation.

  1. Restricted Share Unit Plans (RSU Plans)

In an RSU Plan, participants are granted notional units called “restricted share units” rather than actual shares. The RSU value mirrors the market value of the granting corporation’s common shares and fluctuates with their rise and fall. The plan participant then receives the shares underlying the RSUs according to a vesting schedule after achieving required milestones, such as remaining with the corporation for a specified length of time. RSU Plans typically contain these terms (among other standard terms):

Administration. Normally, the corporation’s Board of Directors will administer the RSU Plan, including granting of RSUs, determining the terms of the grant, interpreting any matters arising from the RSU Plan and making any other determinations necessary for the plan’s administration.

Shares Reserved for Issuance. The plan sets out the maximum number of shares the corporation can issue upon the vesting of any RSUs granted under the plan. This can be an absolute number or a rolling number based on a percentage of the total outstanding shares.

RSU Grant Agreement. Upon the grant of the RSUs to the plan participant, the corporation and the participant enter into a grant agreement containing the terms and conditions the plan requires and any other terms and conditions the corporation’s Board of Directors determines in respect of the plan participant at the time of the grant.

Vesting. Vesting of the RSUs can be based on time, performance, or both. RSUs that vest based on performance are sometimes called “performance share units” or “PSUs”. Once the plan participant meets the vesting conditions, they can settle their RSUs in shares of the corporation, cash, or both. Assuming the RSU Plan is structured properly and the Income Tax Act’s salary deferral arrangement rules don’t apply, the value of the shares received on settlement of the RSUs is added to the participant’s income and taxed as such in the year of settlement (as opposed to the year of grant). Typically, the corporation withholds a portion of the shares to pay income taxes and the participant receives the remaining shares. RSUs settled in cash must vest no later than three years after the grant to avoid the salary deferral arrangement rules; if caught by those rules, the plan participant will be taxed in the year of grant.

Employment. Typically, the plan requires that the participants’ entitlement to the RSUs depends on their continued employment with the corporation. Upon the participant’s employment termination, retirement or death, their RSUs are typically forfeited or a portion immediately vests.

Share Capital Adjustments. RSU Plans usually include standard provisions about the adjustments to the outstanding RSUs on the occurrence of certain events, such as any change in or reorganization of the granting corporation’s capital structure.

Change of Control. An RSU Plan customarily also deals with participants’ rights if there’s a “change of control” of the granting corporation.

  1. Share Appreciation Right Plans (SAR Plans)

Under SAR Plans, the corporation grants plan participants share appreciation rights. Each SAR entitles participants to receive, on vesting, the net value of the increase in the market value of the corporation’s share between the grant date and the vesting date. Share Appreciation Right Plans are similar to stock option plans in some ways, and to RSU Plans in others:

Value. Share Appreciation Rights function much like stock options in many ways – but unlike stock options, participants aren’t required to pay the exercise price when they exercise the SAR. Share Appreciation Rights start with a nil value at the time of grant, so will have no value at vesting if the market value of the shares has decreased between the dates of grant and of vesting.

Plan Terms. Share Appreciation Right Plans typically contain provisions similar to those of RSU Plans in respect to plan administration, maximum shares reserved for issuance, grant agreement, market value, employment, share capital adjustments, change of control and shareholder agreements.

Vesting. Like RSU Plans, vesting provisions in SAR Plans can also be based on time, performance or both. Performance-based SARs are sometimes called “performance appreciation rights” or “PARs”. Once vested, the plan participant can settle the SARs in cash or in an amount of shares that equals the amount payable to the participant divided by the per share market value.

  1. Deferred Share Unit Plans (DSU Plans)

Deferred Share Unit Plans are used as a way to defer compensation to the granting corporation’s directors since they will be taxed on the DSUs only in the year in which they are settled rather than the year of grant – assuming the plan is properly structured so that the Income Tax Act’s salary deferral arrangement rules don’t apply. Deferred Share Unit Plans function very similarly to RSU Plans:

Grant. The corporation grants plan participants notional units, in this case called “deferred share units”.

Value. The value of DSUs mirrors the market value of a class of the corporation’s shares.

Plan Terms. In other respects, DSU Plans are also similar to RSU Plans with a key exception: DSUs typically vest only upon employment termination, retirement or death. They are therefore designed to be longer term in nature and vesting isn’t linked to performance criteria.

  1. Restricted Share Plans & Deferred Share Plans

Under Restricted Share Plans and Deferred Share Plans, the corporation issues shares to plan participants at no cost. But there’s a catch: the shares are awarded conditionally, and are only released to the participant upon satisfaction of the condition(s). The conditions might be time-based, performance-based, or both. These types of plans aren’t typically used in Canada primarily due to the adverse tax consequences to participants: they are normally taxed on the award at the date of issuance.


Please contact your McInnes Cooper lawyer or any member of the Corporate Finance & Securities Team @ McInnes Cooper to discuss this topic or any other legal issue.


McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2018. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.

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    On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…

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    Publications
  • 10 Burning Employer FAQs About Cannabis @ Work

    Dec 13, 2018

    This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…

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    Publications
  • Cannabis Compliance: 3 Tips to Help Cannabis Industry Reporting Issuers Comply with Securities Law Disclosure Obligations

    Nov 16, 2018

    Companies engaged in the cannabis supply chain are highly regulated by federal and provincial cannabis-specific laws as well as a myriad of…

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    Publications
  • Webinar | 5 Key Immigration Law Compliance Best Practices for Human Resource Professionals

    Sep 28, 2018

    Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…

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    Publications
  • Incorporating a Business? Incorporating in N.S. Will Soon Be More Attractive

    Sep 10, 2018

    As of January 2019, incorporating a limited company in N.S. will be more economical. On September 7, 2018, the N.S. government announced it’s…

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    Publications
  • Sarah McInnes in workplace.ca | The Top 5 Immigration Law Facts Every HR Professional Should Know

    Sep 4, 2018

    Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…

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    Publications
  • Digital Privacy Act Mandatory Data Breach Response Obligations: 5 Key Focus Areas For Your Compliance Plan

    Aug 20, 2018

    Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) -  every organization that…

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    Publications
  • The Digital Privacy Act: 5 FAQs About the Mandatory Data Breach Response Obligations Effective November 1, 2018

    Aug 3, 2018

    As of November 1, 2018, organizations in Canada subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) will face…

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    Publications
  • 10 Key Terms to Make Clear in Every Software Licensing Agreement

    Jul 18, 2018

    Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…

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    Publications
  • 3 Ways the New P.E.I. Business Corporations Act Will Modernize Prince Edward Island Corporations

    Jul 18, 2018

    P.E.I. corporations are currently governed by the P.E.I. Companies Act – legislation that’s substantially unchanged since it was enacted in…

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    Publications
  • Atlantic Canada’s 2018 Minimum Wage Increases: No Minimal Impact

    Jul 16, 2018

    Annual minimum wage increases in Atlantic Canada (and in Canada generally) don’t typically receive a significant amount of media coverage. But…

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    Publications
  • Extended Parental Leave: What to Expect When Your Employee is Expecting

    Jul 16, 2018

    Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

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    Publications
  • Webinar | 5 Workplace Policy Areas to Manage Marijuana Risks

    Jun 27, 2018

    The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

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    Publications
  • Defining the Boundaries: Protecting Privacy & Privilege of Digital Content @ the Canadian Border

    Jun 13, 2018

    Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada, while Canada-U.S. traffic is…

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    Publications
  • 3 Key Changes Modernize the Canada Business Corporations Act (CBCA)

    Jun 12, 2018

    The Canada Business Corporations Act (CBCA) is catching up with the times. On May 1, 2018, amendments to the CBCA proposed in Bill C-25, An Act…

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    Publications
  • Jurisdiction Over Internet Defamation: Same Law, Different Facts in Haaretz v. Goldhar

    Jun 11, 2018

    On June 6, 2018, the Supreme Court of Canada considered the test for jurisdiction over an allegedly defamatory Internet article – the…

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    Publications
  • Medical Marijuana, Residual Impairment & The Duty to Accommodate in Re Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard)

    Jun 8, 2018

    This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…

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    Publications
  • The Global Talent Stream: 5 Practical Learnings About the Latest Immigration Star

    May 24, 2018

    The Global Talent Stream is the central pillar of the Government of Canada’s recently launched Global Skills Strategy: an immigration program…

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    Publications
  • Accommodating Mental Disability: 5 Practical Tips

    May 11, 2018

    This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…

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    Publications
  • N.S. Appeal Court puts a Lid on medical Pot: No health plan coverage & no workers compensation benefits in Canadian Elevator Industry Welfare Trust Fund v. Skinner & Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal)

    Apr 26, 2018

    The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…

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    Publications
  • Webinar | #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Apr 2, 2018

    Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

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    Publications
  • #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Mar 29, 2018

    We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

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    Publications
  • Be Diligent: 5 Practical Steps to Enforceable Workplace Policies

    Feb 2, 2018

    Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

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    Publications
  • The Dope on Medical Cannabis Health Benefits: Key Considerations for a Coverage Strategy

    Jan 25, 2018

    Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

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    Publications
  • How the Pros Get Into Canada: 5 FAQs About the NAFTA Professional Work Permit

    Jan 18, 2018

    The future of the North American Free Trade Agreement (NAFTA), including NAFTA’s immigration-related provisions allowing cross-border mobility…

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    Publications
  • The Legal Reality: Canadian Appeal Court decides “Virtual Presence” is enough for production order for user information against non-Canadian company in British Columbia (Attorney General) v. Brecknell

    Jan 12, 2018

    Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

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    Publications
  • A Lump of Coal for Christmas: Supreme Court of Canada Confirms Auditor Negligent & Liable for $40 Million in Livent v. Deloitte

    Dec 23, 2017

    Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings. On…

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    Publications
  • Is cryptocurrency the right tool for your company to raise capital? 5 FAQs about Initial Coin Offerings (ICO)

    Dec 22, 2017

    Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

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    Publications
  • Denis Mahoney & Brittany Keating in the NLCA 2018 Construction Journal | Testing 1-2-3: The latest on drug & alcohol testing in safety-sensitive workplaces

    Dec 18, 2017

    The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

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    Publications
  • 5 Helpful Holiday Hints for Human Resources

    Dec 8, 2017

    This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…

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    Publications
  • Canada’s Private Corporation Tax Proposals: Year End Planning in the Face of Uncertainty

    Nov 20, 2017

    October 2, 2017 marked the end of the consultation period relating to the taxation of private corporation proposals the Department of Finance…

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    Publications
  • It’s Official: “Facilitation Payments” to Foreign Public Officials Violates Canada’s Corruption of Foreign Public Officials Act (CFPOA)

    Nov 17, 2017

    It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…

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    Publications
  • 10 Legal Considerations When Incorporating Your Startup

    Nov 16, 2017

    Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…

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    Publications
  • 2018 Planning Starts Now for TSX-Listed Issuers: TSX Updates Disclosure Requirements

    Nov 2, 2017

    On October 19, 2017, the Toronto Stock Exchange (TSX) announced it had adopted amendments to its Company Manual. Originally proposed in Spring…

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    Publications
  • Protect Your Assets: 3 Best Practices for Intellectual Property (IP) Owners

    Oct 31, 2017

    Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

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    Publications
  • No NAFTA? No Problem – For Temporary Business Travel, That Is

    Sep 22, 2017

    Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

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    Publications
  • 5 Employer “Family Status” Discrimination & Accommodation FAQs

    Sep 21, 2017

    This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…

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    Publications
  • Transformative Changes to Nova Scotia DB Funding Framework Possible

    Sep 7, 2017

    On September 6, 2017, the N.S. Government distributed a discussion paper, “Pension Funding Framework Review and other issues affecting pension…

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    Publications
  • Federal Crown’s Deemed Trust Priority for Unremitted GST/HST Survives Bankruptcy

    Aug 28, 2017

    Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

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    Publications
  • Cross-Border Caution: 5 Anti-Corruption Law Compliance Program Tips

    Aug 16, 2017

    In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

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    Publications
  • Relief is Here: N.S. Registered Defined Benefit Plans Get Temporary Solvency Funding Relief

    Aug 11, 2017

    After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

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    Publications
  • Proposed Changes to Business Income Tax Rules: A Gamechanger for Private Business Owners

    Aug 4, 2017

    On July 18, 2017, Canada’s Minister of Finance released proposed changes to the Income Tax Act (Canada) that, if implemented, will mark one of…

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    Publications
  • Federal Human Rights Law: No Gender Identity or Expression Discrimination

    Jul 28, 2017

    This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

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    Publications
  • Take Pride @ Work: 5 Ways Employers Can Support Gender Diversity

    Jul 28, 2017

    This publication has been updated as of June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased…

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    Publications
  • The Federal Court of Canada Puts the “Fair” in the Copyright Act’s “Fair Dealing” Exceptions in Canadian Copyright Licensing Agency v. York University

    Jul 18, 2017

    On July 12, 2017, the Federal Court of Canada made it clear that there are but two ways to avoid a tariff set by the Copyright Board of Canada…

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    Publications
  • Steering clear of personal liability for oppression: Supreme Court of Canada offers guidance to corporate leaders in Wilson v. Alharayeri

    Jul 17, 2017

    A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

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    Publications
  • Jack Graham in Canadian Lawyer InHouse: Deconstructing the Workplace

    Jul 13, 2017

    More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…

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    Publications
  • Growing Your Business: 3 Structuring Solutions

    Jul 13, 2017

    When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…

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    Publications
  • Go Global @ Home: Supreme Court of Canada Confirms Global Order to Remove Internet Content in Google Inc. v. Equustek Solutions Inc.

    Jun 28, 2017

    On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…

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    Publications
  • Like it or Not: Supreme Court of Canada decides class action against Facebook can go ahead in B.C. – despite its terms of use in Douez v. Facebook, Inc.

    Jun 23, 2017

    On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

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    Publications
  • An Early Canada (Anti Spam Legislation) Day Gift! CASL Private Right of Action Repealed

    Jun 7, 2017

    On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…

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    Publications
  • All in the Family: The Family Shareholders’ Agreement

    May 25, 2017

    The family (whatever that looks like for you) is the fundamental unit of our society, and the family business a fundamental cog of our economy.…

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    Publications
  • 5 Key Steps for a Proper Workplace Investigation

    May 19, 2017

    Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

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    Publications
  • Bradley Proctor in the Workplace Environment Health & Safety Reporter

    May 16, 2017

    Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

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    Publications
  • Northern Exposure: Anti-Corruption Law Exposes Payments to Governments Under Extractive Sector Transparency Measures Act (ESTMA)

    May 11, 2017

    The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

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    Publications
  • Estate Planning in the Age of Medical Assistance In Dying (MAID)

    Apr 21, 2017

    In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…

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    Publications
  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

    On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

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    Publications
  • Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada

    Apr 17, 2017

    Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

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    Publications
  • Follow These 5 Steps for Compliant Disclosure on Social Media

    Mar 30, 2017

    Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

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    Publications
  • Information Technology (IT) Contracts: 3 Key Lessons for Customers and Service Providers in Atos v Sapient

    Mar 30, 2017

    There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…

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    Publications
  • The Labour & Employment Team @ McInnes Cooper in the Chronicle Herald’s Cream

    Mar 29, 2017

    The minimum wage rates in each of the four Atlantic Canadian Provinces will increase on April 1, 2017. The Labour & Employment Team @…

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    Publications
  • Cyber Security: A 5-Step Data Breach Risk Mitigation Plan for Corporate Boards & Directors

    Feb 24, 2017

    This publication has been updated as of December 16, 2021. Many organization (66%) store the personal information of customers. employees,…

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    Publications
  • The Atlantic Immigration Pilot Program (AIPP): 5 Key Opportunities & Risks for Employers

    Feb 22, 2017

    On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…

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    Publications
  • 12 Key Do’s & Don’ts of Hiring & Firing

    Jan 31, 2017

    The hiring process and the termination process are equally important stages of the employment relationship – and both are full of minefields…

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    Publications
  • Canadians With U.S. Connections: Key Cross-Border Estate Planning Strategies

    Jan 20, 2017

    Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…

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    Publications
  • The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market

    Jan 13, 2017

    On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…

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    Publications
  • Don’t Sell Yet: How Principal Residence Exemption (PRE) Changes Affect Trusts

    Dec 22, 2016

    Effective January 1, 2017, the kinds of trusts that can claim the Principal Residence Exemption (PRE) will be limited. Now, the PRE allows…

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    Publications
  • Time to Shine: Nova Scotia to Launch Solar Energy Pilot Program in 2017

    Dec 15, 2016

    On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

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    Publications
  • The law of unintended consequences: Supreme Court of Canada speaks on the rectification of transactions in Jean Coutu Group (PJC) Inc. v. Canada (Attorney General) and Canada (Attorney General) v. Fairmont Hotels Inc.

    Dec 14, 2016

    On December 9, 2016, the Supreme Court of Canada clarified when a court can rectify a transaction that has had unintended tax consequences for…

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    Publications
  • 5 Employer FAQs About Religious Accommodation @ Work

    Dec 13, 2016

    Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

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    Publications
  • Keeping It Flowing: 10 Steps to Anticipate Citizens’ Challenges to New Developments

    Dec 7, 2016

    Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

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    Publications
  • Supreme Court of Canada Warns Judgment Creditors: Implied Consent is Enough to Disclose Discharge Statement in Royal Bank of Canada v. Trang

    Nov 22, 2016

    On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

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    Publications
  • Businessperson or “Business Visitor”: Canada’s Business Visitor Visa Rules

    Nov 22, 2016

    Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

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    Publications
  • The 5 Key Elements of an Attendance Management Program (AMP)

    Nov 15, 2016

    The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

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    Publications
  • Founders Shareholders’ Agreement: Key Considerations, Terms & Complementary Agreements

    Oct 21, 2016

    All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from a shareholders’…

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    Publications
  • Protect Your Assets: An Intellectual Property (IP) Primer

    Oct 19, 2016

    This publication has been updated as at February 28, 2022. For many businesses, large and small, their “Intellectual Property” (IP) is…

    Read More
    Publications
  • 3 Key Employment Law Steps to Take Now to Help You Sell Later

    Oct 19, 2016

    Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

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    Publications
  • Uber Angst: Employees & Independent Contractors in the Sharing Economy

    Sep 29, 2016

    Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

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    Publications
  • Ontario Follows Suit With Securities Act Changes Tightening the Belt on Insider Trading Regulation

    Aug 15, 2016

    The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…

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    Publications
  • 5 Key Considerations When Deciding Between Federal & Provincial Incorporation

    Aug 9, 2016

    A key legal decision in starting or growing your business is choosing the business structure that’s right for you. If you incorporate,…

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    Publications
  • No Union? No Problem: Supreme Court of Canada Decides Canada Labour Code Bars Dismissal of Non-Unionized Employees Without Cause in Joseph Wilson v. Atomic Energy of Canada

    Jul 15, 2016

    On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

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    Publications
  • NS Dives into Pooled Registered Pension Plans (PRPP)

    Jun 30, 2016

    As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

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    Publications
  • Label Delicate: Workplace Dress Codes Test & Tips

    Jun 29, 2016

    Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

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    Publications
  • Supreme Court of Canada Decides Income Tax Act Sections are Unconstitutional – and Strengthens Solicitor-Client Privilege in Canada (Attorney General) v. Chambre des notaires du Québec & Canada (National Revenue) v. Thompson

    Jun 6, 2016

    On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…

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    Publications
  • Get Your SEDAR Profile: Changes to Private Placement Filing Requirements Effective May 24 & June 30, 2016

    Jun 6, 2016

    On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…

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    Publications
  • 3 Tips to Use “Forward-Looking Information” to Enhance Your Investor Relations

    May 31, 2016

    You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…

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    Publications
  • From Startup to Exit: 5 Key Stages of the Financing Lifecycle

    May 10, 2016

    This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…

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    Publications
  • NS Poised to Take the Plunge into Pooled Registered Pension Plans (PRPPs)

    May 5, 2016

    NOTE: As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

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    Publications
  • 5 Key Changes to Early Warning Reporting System Effective May 9, 2016

    May 2, 2016

    Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

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    Publications
  • New Early Warning Reporting System Exemptions for Certain Securities Lending Arrangements Effective May 9, 2016

    May 2, 2016

    Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

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    Publications
  • The Legal Defence of Due Diligence: Top 5 FAQs

    May 2, 2016

    “Due diligence” is a legal defence to many charges under occupational health and safety (OHS) laws. Here are five of the most…

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    Publications
  • Meghan Felt and Sarah McInnes in the Chronicle’s Herald Cream: The Nuances of Labour Marketing Impact Assessments (LMIA)

    Apr 29, 2016

    It’s critical for an employer to obtain a Labour Market Impact Assessment (LMIA) when hiring a temporary foreign worker(s). Employers applying…

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    Publications
  • The New Nova Scotia Mineral Resources Act: The Good, The Risky & The Neutral

    Apr 21, 2016

    On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although…

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    Publications
  • From Watershed Decision to Watershed Law: Government Proposes Physician-Assisted Dying Law in Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)

    Apr 15, 2016

    On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…

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    Publications
  • The Nuances of Labour Marketing Impact Assessments (LMIA): 2 Key Exemptions to Minimum Advertising Requirements

    Mar 29, 2016

    Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers…

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    Publications
  • Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka “Metron”)

    Mar 9, 2016

    In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a…

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    Publications
  • 3 Tips to Manage Employee Tardiness Due to Adverse Weather Conditions

    Feb 23, 2016

    Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

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    Publications
  • The Top 12 Employment Contract Terms

    Feb 1, 2016

    A well drafted and implemented written employment contract can be instrumental to both avoiding or resolving disputes both during the employment…

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    Publications
  • Doe 464533 v. D.: Business Implications of the Civil Privacy Claim for “Public Disclosure of Private Facts”

    Jan 27, 2016

    On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

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    Publications
  • Ontario Court Provides Guidelines to Balance Privacy Rights & “Tower Dumps” in R v. Rogers Communications

    Jan 18, 2016

    On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular…

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    Publications
  • 5 Key Changes Streamline Venture Issuer Obligations

    Jan 18, 2016

    Things have gotten a bit easier for venture issuers, such as those listed on the TSX Venture Exchange, with recent changes to their obligations.…

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    Publications
  • An Ounce of Prevention is Worth a Pound of Response: The W-5’s of Managing Conflict & Preventing Harassment, Bullying & Violence @ Work

    Dec 7, 2015

    Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…

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    Publications
  • Tax Implications of Personal Services Businesses (PSB) Status & Strategies to Avoid It

    Oct 23, 2015

    Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

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    Publications
  • New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs

    Oct 19, 2015

    Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…

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    Publications
  • Canada’s Anti-Spam Legislation (CASL): The Top 3 Lessons Businesses Can Learn from Year 1

    Sep 29, 2015

    The anti-spam sections of Canada’s Anti-spam Legislation (CASL) took effect on July 1, 2014 amidst hype, controversy and dire warnings. Were…

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    Publications
  • 10 of the Top Employers’ Attendance Management Problems

    Aug 13, 2015

    The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

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    Publications
  • Beneficiary’s Purpose Matters: Invalidation of Bequest to Neo-Nazi Group as Against Public Policy Withstands Appeal in McCorkill v. Streed, Executor of the Estate of Harry Robert McCorkill (aka McCorkell), Deceased

    Jul 30, 2015

    Note: On June 9, 2016, the Supreme Court of Canada dismissed the National Alliance’s application for leave to appeal the New Brunswick Court…

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    Publications
  • 3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally

    Jun 25, 2015

    Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…

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    Publications
  • The New NS Missing Persons Act: 5 Privacy Implications for Businesses, Organizations & Public Bodies

    Jun 2, 2015

    Effective April 22, 2015 the NS Government enacted the NS Missing Persons Act, lowering the threshold for police to get an order to access…

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    Publications
  • The Export/Import Journey: 3 Key Ways Choosing a Free Trade Agreement Country Can Simplify the Trip

    Apr 2, 2015

    The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…

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    Publications
  • 5 FAQs About Workplace Sex Discrimination

    Mar 31, 2015

    This publication has been updated as of June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

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    Publications
  • Wait a Minute Mr. Postman … 3 Lessons Health Canada’s Privacy Breach Delivers to the Private Sector

    Mar 25, 2015

    On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…

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    Publications
  • No Messing Around – $1.1M First Penalty for Canada’s Anti-Spam Legislation (CASL) Violations by Compu-Finder

    Mar 6, 2015

    On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…

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    Publications
  • 5 Hot Tips to Help Employers Handle Office Romances

    Feb 13, 2015

    This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…

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    Publications
  • No More Criminalization of Physician-Assisted Dying: The Ripple Effects of A Watershed Decision in Carter v. Canada (Attorney General)

    Feb 9, 2015

    NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…

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    Publications
  • Supreme Court of Canada Says the Charter Protects the Right to Strike in Saskatchewan Federation of Labour v. Saskatchewan

    Feb 2, 2015

    On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

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    Publications
  • Bad Faith & Unfair Dealing in Employee Dismissal: 7 Lessons in 7 Years

    Jan 30, 2015

    In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental…

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    Publications
  • Changes to Canada’s Trademarks Law: The Good, The Bad & The Ugly

    Jan 26, 2015

    NOTE: Substantial changes to Canada’s Trade-Marks Act took effect on June 17, 2019 Soon, there’ll be big changes to Canada’s Trademarks…

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    Publications
  • Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon

    Dec 11, 2014

    On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

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    Publications
  • Canada’s Anti-Spam Legislation (CASL) Software Installation Sections: 10 FAQs

    Dec 11, 2014

    On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect.  CASL’s anti-spam sections, touted…

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    Publications
  • 5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)

    Dec 10, 2014

    “Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining…

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    Publications
  • 5 Tips to Manage Employer (Social) Host Liability

    Dec 5, 2014

    This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…

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    Publications
  • Complying with Canada’s Anti-Spam Legislation (CASL): A blueprint for the construction industry

    Dec 1, 2014

    The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…

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    Publications
  • Egg Films Epilogue: 5 Key Implications of NS Union Certification Based on “Industry” Dependence in Egg Films Inc. v. Nova Scotia (Labour Board)

    Nov 27, 2014

    Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…

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    Publications
  • Complying With Canada’s Anti-Spam Legislation (CASL): Protecting Directors & Officers from Personal Liability

    Oct 14, 2014

    CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

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    Publications
  • 5 New Obligations on NB Employers Effective September 1, 2014 in NB Employment Standards Act

    Sep 30, 2014

    Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…

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    Publications
  • The Top 5 Corporate Governance Best Practices That Benefit Every Company

    Sep 16, 2014

    Many believe that only public companies or large, established companies with many shareholders need to be concerned about, or can benefit from,…

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    Publications
  • Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16

    Sep 11, 2014

    The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…

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    Publications
  • Complying With Canada’s Anti-Spam Law (CASL) – Foreign Organizations Doing Business in Canada Need to Pay Attention

    Aug 1, 2014

    Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…

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    Publications
  • Canada’s Temporary Foreign Worker Program Overhaul

    Jul 9, 2014

    On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…

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    Publications
  • SCC Protects Internet Users’ Expectation of Privacy In Online Activities in R. v. Spencer

    Jun 16, 2014

    On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…

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    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – The Last Minute Guide to Preparing For CASL

    Jun 12, 2014

    The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…

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    Publications
  • Joining the Crowd – NS & NB Consider Crowdfunding

    Jun 11, 2014

    Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…

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    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) –10 Steps to Prepare for CASL

    May 8, 2014

    On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…

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    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – Does CASL Make You A “Spammer”?

    Apr 15, 2014

    The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…

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    Publications
  • NS Workers’ Compensation Board Issues New Policy for Psychological Injury Claims

    Apr 7, 2014

    On March 31, 2014 the NS Workers’ Compensation Board (WCB) issued a new policy applicable to its adjudication of psychological injury claims…

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    Publications
  • Legal Update: Feds Crack Down On Employer Abuse Of Temporary Foreign Worker Program

    Apr 3, 2014

    On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…

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    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL): 10 Reasons Why You Should Care About The Upcoming CASL Right Now

    Feb 28, 2014

    On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…

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    Publications
  • Counting Down to Canada’s Anti-Spam Legislation (CASL) – What You Need to Know Now

    Feb 28, 2014

    On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…

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    Publications
  • Legal Update: More Changes to Federal Temporary Foreign Worker Program

    Jan 21, 2014

    On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…

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    Publications
  • Privacy in Computer Contents: Supreme Court of Canada Picks Up Where It Left Off in R. v. Vu

    Nov 8, 2013

    On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…

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    Publications
  • Legal Update: Risky Trading – Insiders and Potential M&A’s

    Nov 1, 2013

    Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…

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    Publications
  • Privacy Trumps Safety As SCC Strikes Down Employer’s Mandatory Random Alcohol Testing Policy in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper

    Jul 2, 2013

    On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

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    Publications
  • SCC Strikes Down Employer’s Mandatory Random Alcohol Testing Policy

    Jun 14, 2013

    On June 14, 2013, in its highly anticipated decision in Communications, Energy and Paperworkers’ Union of Canada, Local 30 v. Irving Pulp…

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    Publications
  • A Practical Analysis of “Material Fact”

    May 21, 2013

    In its April 2013 decision in Re Stan, the Alberta Securities Commission provides issuers with a practical approach to the assessment of both a…

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    Publications
  • Legal Alert: Federal Temporary Foreign Worker Program Changes

    Apr 30, 2013

    Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…

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    Publications
  • The Changing Tide of Atlantic Canadian Pension Legislation

    Apr 3, 2013

    Pension legislation throughout Atlantic Canada is in a state of change. In less than a year, each Atlantic Province has taken steps – in some…

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    Publications
  • A White Paper on Reforming Canada’s Transportation Policies For the 21st Century

    Feb 8, 2013

    While much of the developed world struggles with debt and chronically low growth, Canada, one of the best-performing members of the G-7,…

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    Publications
  • Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)

    Jan 8, 2013

    On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…

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    Publications
  • Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer in R. v. Cole

    Nov 28, 2012

    On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…

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    Publications
  • Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible

    Oct 22, 2012

    Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which…

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    Publications
  • CSA Staff Notice 11-318: Guidance for Cease Trade Order Database Users

    Aug 27, 2012

    Introduction and Purpose Staff of the Canadian Securities Administrators (CSA Staff or we) are publishing this Staff Notice (the Notice) to…

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    Publications
  • Supreme Court of Canada Confirms Reviewing Courts Should Give Due Deference to Administrative Decision-Makers Even At Early Stage of Process

    Jul 10, 2012

    On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…

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    Publications
  • “Canada Day” Or “July 1st”: Which Is The “Holiday” For Employees?

    Jun 14, 2012

    As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1st falls on a Sunday. …

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    Publications
  • Canadian Securities Administrators Adopt Rule For Over-The-Counter Issuers

    Jun 1, 2012

    Multilateral Instrument 51-105, Issuers Quoted in the U.S. Over-the-Counter Markets will come into effect on July 31, 2012. Once effective,…

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    Publications
  • 10 Tips to Deal with Employee Discipline for Social Media Use

    Mar 1, 2012

    Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…

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    Publications
  • Alert: Significant Changes to NS Human Rights Complaint-Handling Procedure Effective January 1, 2012

    Jan 5, 2012

    Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…

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    Publications
  • Alert: Supreme Court of Canada Finds Proposed Canadian Securities Act Unconstitutional

    Dec 22, 2011

    On May 26, 2010, the Canadian federal government released the proposed Canadian Securities Act (the Act) which would, among other things, create…

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    Publications
  • Multiple Extensions of Termination Date Nullify Termination Notice

    Dec 19, 2011

    In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…

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    Publications
  • Investor Readiness

    Nov 1, 2011

    Entrepreneurs need to be ready for due diligence, so it’s essential to involve legal advisors and accountants early in the process. Click…

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    Publications
  • Accounting Firms – Do they need to be registered as exempt market dealers

    Oct 6, 2011

    In 2009 Canadian securities regulators changed the rules relating to securities “registration” – these rules determine who is required to…

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    Publications
  • NB Court of Appeal Upholds Mandatory Random Alcohol Testing Policy

    Aug 6, 2011

    Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…

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    Publications
  • Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer

    May 6, 2011

    In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…

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    Publications
  • Changes to Federal Foreign Worker Regulations Effective April 1, 2011: A Serious Issue for Employers

    Mar 6, 2011

    In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…

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    Publications

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