Audit, Compliance and Risk Blog

Think Drinking Water Issues Only Exist in Places like Brazil?

Posted by Jane Dunne on Thu, Aug 18, 2016

We often see pictures in the media of places where the environment is being abused. During the Rio Olympics, we’ve seen many visual images of garbage-laden rivers and dirty beaches and it’s easy to think that if that were in our country, it would be under control, but a recent Harvard study took a closer look at water quality at home and found that it comes up short in many U.S. states.

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Tags: Health & Safety, Environmental risks, Environmental, EHS, Canadian

Constructive Dismissal Claims Due to Employer Conduct

Posted by STP Editorial Team on Thu, Jul 21, 2016

Managers who abuse employees and employers who tolerate such abuse may be subject to law suits and face significant financial penalties if their actions are found to constitute constructive dismissal.

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Tags: Employer Best Practices, Employee Rights, Canadian, directors, directors & officers

Director’s Liability Insurance Does Not Cover Personal Guarantee Given By Director

Posted by Ron Davis on Thu, Jul 14, 2016

In Great American Insurance Co. v. Ramsoondar (2016 ABQB 73), the Alberta Court of Queen’s Bench was asked to declare that a director and officer liability insurance policy did not cover the losses claimed against Fredy v. Ramsoondar pursuant to a personal guarantee he granted to Faunus Group Inc. (FGI), a client of United Protection Services Inc. (UPSI). UPSI was a wholly owned subsidiary of United Protection Services Group Inc. (UPSG), and UPSG obtained a director and officer liability policy from Great American Insurance Co., and listed Ramsoondar as its chief financial officer on the policy.

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Tags: Insurance, Insurance Claims, Canadian, directors, directors & officers

Employee Suspension: A Legitimate Disciplinary Measure?

Posted by STP Editorial Team on Thu, May 05, 2016

Supreme_Court_Canada_cropped.jpgIf you are an employer and are considering using suspension as a disciplinary measure, be aware that the Supreme Court of Canada has indicated that employers do not have unfettered authority to withhold work from their employees and that legitimate business reasons must be shown in the context of any administrative suspension. Absent such reasons, an administrative suspension—even with pay—may be found to be a constructive dismissal.

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Canadian

Super Priority Charge Over Insolvent Corporation’s Assets Despite Existing Insurance Coverage

Posted by Ron Davis on Tue, Mar 01, 2016

The Ontario Superior Court of Justice issued an initial order in an insolvency proceeding under the Companies’ Creditors Arrangement Act (CCAA) providing a $3.1 million director’s charge even though the directors were covered by an existing D&O liability insurance policy and indemnities from the company (Re P.T. Holdco Inc., 2016 ONSC 495). The CCAA proceedings involved various corporate entities involved in the Primus telecommunications service business in Canada and the United States. Primus’ business was failing and it had arranged to sell its business to another company and wished to use the CCAA to finalize the sale and distribute the sale assets while its creditors were stayed from enforcing their claims.

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Tags: Corporate Governance, Insurance, Canadian, directors, directors & officers

Ontario Fights to Protect Bees by Regulating “Neonics”

Posted by Thomas Walker on Thu, Feb 18, 2016

Ontario is the first jurisdiction in North America to regulate the sale and use of neonicotinoid-treated seeds, which have been implicated as a significant factor in recent and alarming declines in bee populations. Ontario’s new restrictions on “neonics” came into effect on July 1, 2015, and Jeff Leal, Minister of Agriculture, Food, and Rural Affairs, hopes that the restrictions will reduce use of the treated seeds by 80% by 2017.
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Tags: Environmental risks, Environmental, EHS, Hazcom, Canadian

Attempt to Make Directors Liable for Alleged Defamation in Newspapers Rejected

Posted by Ron Davis on Mon, Nov 23, 2015

In Kent v. Postmedia Network Inc. (2015 ABQB 461), the Alberta Court of Queen’s Bench granted a summary judgment application by Paul Godfrey and Gordon Fisher, two directors of Postmedia Network Inc., and dismissed the defamation claims against them by the plaintiff, Arthur Kent. Kent claimed he had been defamed in a 2008 article written by Don Martin and published in the Calgary Herald and National Post and continuing to be available on various websites maintained by Postmedia. The article at issue was published while Kent was a candidate in the Alberta provincial election and he claimed it contained false and defamatory statements that were intended to have readers infer that Kent’s career as an international correspondent was insubstantial, he was unworthy of public trust and confidence, his election campaign was incompetent and he lacked support from both his campaign team and political party. In the course of the litigation leading up to the motion for summary judgment, Kent had both Fisher and Godfrey served with a Notice of Intention to bring an Action setting out the basis for his claim of defamation and seeking removal of the article from websites. Neither Fisher nor Godfrey sought the removal of the article from those websites.

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Tags: Corporate Governance, Canadian, directors

Your Employee Has A Drug Or Alcohol Problem—Now What?

Posted by STP Editorial Team on Tue, Nov 10, 2015

A manager reports to you that one of your workers, Joe, has admitted to a problem with alcohol. Or perhaps there’s an accident in the workplace and the ensuing investigation reveals that Jane is a regular drug user. Or John arrives at the office, once again unfit to do his job because he’s “under the influence.”

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Tags: Employer Best Practices, Health & Safety, Employee Rights, Workplace violence, Canadian

EPA Proposes To Revise Hazardous Waste Import-Export Requirements

Posted by Jon Elliott on Wed, Oct 14, 2015

The U.S. Environmental Protection Agency (EPA) administers rules governing the import and export of hazardous waste regulated by the Resource Conservation and Recovery Act (RCRA). These rules implement requirements established by RCRA, and also ensure that the U.S. meets its international responsibilities as a member of the Organization for Economic Cooperation and Development (OECD) by creating national rules that meet agreed-upon OECD standards. The proposal should appear in the Federal Register soon, opening a 60 day comment period after which EPA will decide whether to finalize the changes.

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Tags: Health & Safety, Environmental risks, Environmental, EPA, Hazcom, RCRA, Canadian

Director Found Liable for Transferring Assets

Posted by Ron Davis on Tue, Sep 01, 2015

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Tags: Corporate Governance, Business & Legal, Canadian