--- title: Audit, Compliance and Risk Blog | STP | Canadian description: Canadian | STP's blog giving insight into audit, compliance and risk issues for EHS, business and accounting. --- [![Specialty Technical Publishers](https://blog.stpub.com/hubfs/STP-logo-white-orange.png)](http://www.stpub.com/) - [My Account](http://stponline.stpub.com) - 1-800-251-0381 # Audit, Compliance and Risk Blog ## [Ontario Courts Reaffirm the Weave of the Corporate Veil](https://blog.stpub.com/ontario-courts-reaffirm-the-weave-of-the-corporate-veil) Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Fri, Feb 07, 2020 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/Gavel%20Canada.jpg) ](https://blog.stpub.com/ontario-courts-reaffirm-the-weave-of-the-corporate-veil) One of the enduring benefits of the corporate form is the treatment of corporations as separate “people,” distinct from their owners when questions of legal rights, responsibilities and liabilities arise. This separation extends not just to individual investors and shareholders, but in most circumstances to the corporate directors and officers who decide what their corporation does. Common law courts and federal and provincial corporation statutes define the exceptions – usually based on what are called “piercing the corporate veil” between the company and its controlling minds, or by deciding that those controllers run the corporation as an “alter ego” rather than as a distinct legal person. In recent months, two cases in Ontario have given courts the opportunities to review and reaffirm these traditional approaches. [Read More](https://blog.stpub.com/ontario-courts-reaffirm-the-weave-of-the-corporate-veil) 0 Comments [Click here to read/write comments](https://blog.stpub.com/ontario-courts-reaffirm-the-weave-of-the-corporate-veil#comments-listing) Tags: [Corporate Governance](https://blog.stpub.com/topic/corporate-governance), [Business & Legal](https://blog.stpub.com/topic/business-legal), [International](https://blog.stpub.com/topic/international), [Canadian](https://blog.stpub.com/topic/canadian), [directors](https://blog.stpub.com/topic/directors), [directors & officers](https://blog.stpub.com/topic/directors-officers) ## [The Court of Appeal Has Spoken: Safety Must Come First at the Port of Montréal’s Terminals](https://blog.stpub.com/the-court-of-appeal-has-spoken-safety-must-come-first-at-the-port-of-montréals-terminals) Posted by [Justine B. Laurier](https://blog.stpub.com/author/justine-b-laurier) on Tue, Jan 21, 2020 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/Gavel%201.jpg) ](https://blog.stpub.com/the-court-of-appeal-has-spoken-safety-must-come-first-at-the-port-of-montréals-terminals) **On September 12, 2019, the Québec Court of Appeal rendered its ruling in the case of Singh c. Montreal Gateway Terminals Partnerships1, upholding the decision rendered in first instance by the Honourable Justice André Prévost of the Superior Court. This case opposed the right to freedom of religion and the requirements of health and safety in locations like marine terminals, where safety is a major issue. [Read More](https://blog.stpub.com/the-court-of-appeal-has-spoken-safety-must-come-first-at-the-port-of-montréals-terminals) 0 Comments [Click here to read/write comments](https://blog.stpub.com/the-court-of-appeal-has-spoken-safety-must-come-first-at-the-port-of-montréals-terminals#comments-listing) Tags: [Business & Legal](https://blog.stpub.com/topic/business-legal), [Canadian](https://blog.stpub.com/topic/canadian), [directors](https://blog.stpub.com/topic/directors), [directors & officers](https://blog.stpub.com/topic/directors-officers) ## [Recent Confirmation That Canadian Directors Can Consider Non-Shareholder Interests](https://blog.stpub.com/recent-confirmation-that-directors-can-consider-non-shareholder-interests) Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Tue, Dec 03, 2019 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/Conference%20table.jpg) ](https://blog.stpub.com/recent-confirmation-that-directors-can-consider-non-shareholder-interests) The most basic principle of corporate directorships is that the directors have a fiduciary duty to act in the best interests of their corporation. It has followed closely that directors should serve the best interests of the shareholders – in most circumstances this means all the shareholders, not the majority or some faction to which a director might owe allegiance. Although it’s not so clear how expansively directors should interpret those corporate interests, the trend is toward consideration of more groups of “stakeholders.” The past year has seen important reinforcements for that trend. [Read More](https://blog.stpub.com/recent-confirmation-that-directors-can-consider-non-shareholder-interests) 0 Comments [Click here to read/write comments](https://blog.stpub.com/recent-confirmation-that-directors-can-consider-non-shareholder-interests#comments-listing) Tags: [Corporate Governance](https://blog.stpub.com/topic/corporate-governance), [Business & Legal](https://blog.stpub.com/topic/business-legal), [Canadian](https://blog.stpub.com/topic/canadian), [corporate social responsibility](https://blog.stpub.com/topic/corporate-social-responsibility), [directors](https://blog.stpub.com/topic/directors), [directors & officers](https://blog.stpub.com/topic/directors-officers) ## [Reversed on Appeal: Workplace Harassment Isn’t a Tort In Ontario After All](https://blog.stpub.com/reversed-on-appeal-workplace-harassment-isnt-a-tort-in-ontario-after-all) Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Tue, Sep 03, 2019 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/Gavel%20Canada.jpg) ](https://blog.stpub.com/reversed-on-appeal-workplace-harassment-isnt-a-tort-in-ontario-after-all) Although an ever-expanding range of laws prohibit workplace harassment, the Court of Appeal for Ontario has now ruled that harassment is not a free-standing common law tort in that province. This ruling reverses a trial court ruling by the by the provincial Superior Court of Justice that shocked employment law in 2017. This ruling returns workplace harassment to the realm of statutory and regulatory requirements and prohibitions, which certainly isn’t unambiguous, but at least offers more structured frames of reference. The case is *Merrifield v. Canada (Attorney General)*, and it litigates a complaint between a member of the Royal Canadian Mounted Police (RCMP) and his employers. [Read More](https://blog.stpub.com/reversed-on-appeal-workplace-harassment-isnt-a-tort-in-ontario-after-all) 0 Comments [Click here to read/write comments](https://blog.stpub.com/reversed-on-appeal-workplace-harassment-isnt-a-tort-in-ontario-after-all#comments-listing) Tags: [Business & Legal](https://blog.stpub.com/topic/business-legal), [Employer Best Practices](https://blog.stpub.com/topic/employer-best-practices), [Employee Rights](https://blog.stpub.com/topic/employee-rights), [Workplace violence](https://blog.stpub.com/topic/workplace-violence), [Canadian](https://blog.stpub.com/topic/canadian) ## [Canada—Federal Employers: Prepare for a Wave of Change in Workplace Harassment Obligations](https://blog.stpub.com/federal-employers-prepare-for-a-wave-of-change-in-workplace-harassment-obligations) Posted by [Maryse Tremblay](https://blog.stpub.com/author/maryse-tremblay) on Tue, Jul 30, 2019 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/Office%20workers.jpg) ](https://blog.stpub.com/federal-employers-prepare-for-a-wave-of-change-in-workplace-harassment-obligations) In the last few years, and particularly with the advent of the #MeToo movement, some employers may have seen a rise in the number of harassment complaints in the workplace, including sexual harassment complaints. Employers under federal jurisdiction have been affected as well. However, the current legal framework surrounding harassment and violence in federally regulated workplaces is fragmented. The results of many public consultations have shown that this framework is not currently designed to adequately address occurrences of sexual harassment and sexual violence. In that context, in the past 18 months, significant changes have been proposed to the current legislation to address workplace harassment situations. [Read More](https://blog.stpub.com/federal-employers-prepare-for-a-wave-of-change-in-workplace-harassment-obligations) 0 Comments [Click here to read/write comments](https://blog.stpub.com/federal-employers-prepare-for-a-wave-of-change-in-workplace-harassment-obligations#comments-listing) Tags: [Business & Legal](https://blog.stpub.com/topic/business-legal), [Employer Best Practices](https://blog.stpub.com/topic/employer-best-practices), [Health & Safety](https://blog.stpub.com/topic/health-safety), [Employee Rights](https://blog.stpub.com/topic/employee-rights), [Workplace violence](https://blog.stpub.com/topic/workplace-violence), [Canadian](https://blog.stpub.com/topic/canadian) ## [Directors' Liability for Workplace Sexual Harassment in Canada Can Depend on Which Laws are Applied](https://blog.stpub.com/directors-liability-for-workplace-sexual-harassment-in-canada-can-depend-on-which-laws-are-applied) Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Tue, Jan 22, 2019 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/Barrista.jpg) ](https://blog.stpub.com/directors-liability-for-workplace-sexual-harassment-in-canada-can-depend-on-which-laws-are-applied) Sexual harassment in Canadian workplaces can trigger a variety of laws and regulations: [Read More](https://blog.stpub.com/directors-liability-for-workplace-sexual-harassment-in-canada-can-depend-on-which-laws-are-applied) 0 Comments [Click here to read/write comments](https://blog.stpub.com/directors-liability-for-workplace-sexual-harassment-in-canada-can-depend-on-which-laws-are-applied#comments-listing) Tags: [Business & Legal](https://blog.stpub.com/topic/business-legal), [Employer Best Practices](https://blog.stpub.com/topic/employer-best-practices), [Employee Rights](https://blog.stpub.com/topic/employee-rights), [Workplace violence](https://blog.stpub.com/topic/workplace-violence), [Canadian](https://blog.stpub.com/topic/canadian), [directors](https://blog.stpub.com/topic/directors), [directors & officers](https://blog.stpub.com/topic/directors-officers) ## [Employment Contracts and Employee Termination Rights](https://blog.stpub.com/employment-contracts-and-employee-termination-rights) Posted by [Jon Elliott](https://blog.stpub.com/author/jon-elliott) on Tue, Nov 27, 2018 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/Empty%20cubicle.jpg) ](https://blog.stpub.com/employment-contracts-and-employee-termination-rights) The Canada Labour Code and provincial employment standards acts generally specify a minimum notice period before such terminations (the “statutory notice period”), and generally allow the employer to pay compensation to the employee instead of giving the employee notice. (*e.g.*, CLC ss. 54-67) This compensation is usually called “severance pay”; it replaces advance notice of termination. In general, the severance pay must equal the salary and benefits that the employee would have earned if permitted to work until the end of the notice period. Courts interpret and defend these prohibitions against “contracting out” termination benefits. [Read More](https://blog.stpub.com/employment-contracts-and-employee-termination-rights) 0 Comments [Click here to read/write comments](https://blog.stpub.com/employment-contracts-and-employee-termination-rights#comments-listing) Tags: [Business & Legal](https://blog.stpub.com/topic/business-legal), [Employer Best Practices](https://blog.stpub.com/topic/employer-best-practices), [Employee Rights](https://blog.stpub.com/topic/employee-rights), [Canadian](https://blog.stpub.com/topic/canadian), [directors](https://blog.stpub.com/topic/directors), [directors & officers](https://blog.stpub.com/topic/directors-officers) ## [Tackling the Gender Pay Gap: Ontario’s Pay Transparency Act, 2018](https://blog.stpub.com/tackling-the-gender-pay-gap-ontarios-pay-transparency-act-2018) Posted by [Maria Gergin](https://blog.stpub.com/author/maria-gergin) on Tue, Oct 30, 2018 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/Equal%20pay%20cropped.jpg) ](https://blog.stpub.com/tackling-the-gender-pay-gap-ontarios-pay-transparency-act-2018) On April 26, 2018, the Ontario government passed the Pay Transparency Act, 2018 (the Act), which created a number of requirements for employers with respect to compensation reporting and disclosure to employees and potential employees, as well as compliance compensation reporting to the government, which the government will then make public. [Read More](https://blog.stpub.com/tackling-the-gender-pay-gap-ontarios-pay-transparency-act-2018) 0 Comments [Click here to read/write comments](https://blog.stpub.com/tackling-the-gender-pay-gap-ontarios-pay-transparency-act-2018#comments-listing) Tags: [Business & Legal](https://blog.stpub.com/topic/business-legal), [Employer Best Practices](https://blog.stpub.com/topic/employer-best-practices), [Employee Rights](https://blog.stpub.com/topic/employee-rights), [Canadian](https://blog.stpub.com/topic/canadian), [directors](https://blog.stpub.com/topic/directors), [directors & officers](https://blog.stpub.com/topic/directors-officers) ## [A Cautionary Tale for Employers Drafting Discretionary Bonus Plans](https://blog.stpub.com/a-cautionary-tale-for-employers-drafting-discretionary-bonus-plans) Posted by [Jennifer M. Fantini](https://blog.stpub.com/author/jennifer-m-fantini) on Tue, Jan 23, 2018 - [Tweet](https://twitter.com/share) ![](https://blog.stpub.com/hs-fs/hubfs/images/Bonus.jpg?width=176&name=Bonus.jpg "Bonus.jpg")In the recent British Columbia Supreme Court decision of *Kenny v. Weatherhaven Global Resources Ltd.*, the plaintiff successfully claimed unpaid bonuses and bonus amounts owed over the contractual notice period of approximately $170,000. [Read More](https://blog.stpub.com/a-cautionary-tale-for-employers-drafting-discretionary-bonus-plans) 0 Comments [Click here to read/write comments](https://blog.stpub.com/a-cautionary-tale-for-employers-drafting-discretionary-bonus-plans#comments-listing) Tags: [Employer Best Practices](https://blog.stpub.com/topic/employer-best-practices), [Employee Rights](https://blog.stpub.com/topic/employee-rights), [Canadian](https://blog.stpub.com/topic/canadian), [directors](https://blog.stpub.com/topic/directors), [directors & officers](https://blog.stpub.com/topic/directors-officers) ## [“Workplace” Under Part II of the Canada Labour Code Includes Work Activities Performed in Workplaces Not Controlled by the Employer](https://blog.stpub.com/workplace-under-part-ii-of-the-canada-labour-code-includes-work-activities-performed-in-workplaces-not-controlled-by-the-employer) Posted by [Maryse Tremblay](https://blog.stpub.com/author/maryse-tremblay) on Tue, Oct 17, 2017 - [Tweet](https://twitter.com/share) [![](https://blog.stpub.com/hubfs/images/Canada%20Post%20cropped.jpg) ](https://blog.stpub.com/workplace-under-part-ii-of-the-canada-labour-code-includes-work-activities-performed-in-workplaces-not-controlled-by-the-employer) In a recent decision, *Canadian Union of Postal Workers v. Canada Post Corporation*, the Federal Court of Appeal reversed an earlier Federal Court endorsement of an appeals officer’s decision to limit the definition of “workplace” for the purposes of inspection under Part II of the Canada Labour Code to workplaces where the employer exercises control. [Read More](https://blog.stpub.com/workplace-under-part-ii-of-the-canada-labour-code-includes-work-activities-performed-in-workplaces-not-controlled-by-the-employer) 0 Comments [Click here to read/write comments](https://blog.stpub.com/workplace-under-part-ii-of-the-canada-labour-code-includes-work-activities-performed-in-workplaces-not-controlled-by-the-employer#comments-listing) Tags: [Employer Best Practices](https://blog.stpub.com/topic/employer-best-practices), [Health & Safety](https://blog.stpub.com/topic/health-safety), [Employee Rights](https://blog.stpub.com/topic/employee-rights), [Canadian](https://blog.stpub.com/topic/canadian) [All posts](https://blog.stpub.com/all) [Next](https://blog.stpub.com/topic/canadian/page/2) ### Follow Me ### Subscribe by Email ### Browse by Topic Area - [Accounting & Tax ](https://blog.stpub.com/topic/accounting-tax) - [Business & Legal ](https://blog.stpub.com/topic/business-legal) - [Corporate Governance  ](https://blog.stpub.com/topic/?Tag=Corporate+Governance) - [Environmental ](https://blog.stpub.com/topic/?Tag=Environmental) - [Global ](https://blog.stpub.com/topic/?Tag=Global) - [Health & Safety ](https://blog.stpub.com/topic/health-safety) - [Internet ](https://blog.stpub.com/topic/?Tag=Internet) - [Transportation ](https://blog.stpub.com/topic/?Tag=Transportation) ### Browse by Tag - [Environmental (344)](https://blog.stpub.com/topic/environmental) - [Business & Legal (309)](https://blog.stpub.com/topic/business-legal) - [Environmental risks (300)](https://blog.stpub.com/topic/environmental-risks) - [Health & Safety (296)](https://blog.stpub.com/topic/health-safety) - [EPA (283)](https://blog.stpub.com/topic/epa) - [Terms & Conditions](https://stphub.stpehs.com/wp-content/uploads/2021/01/STP-Terms-of-Use-Dec-20.pdf) - [Privacy Policy](https://stphub.stpehs.com/wp-content/uploads/2020/12/STP-Privacy-Policy.pdf) - [License Agreement](https://stphub.stpehs.com/wp-content/uploads/2021/01/STP-License-Agreement-Dec-20.pdf) - [Sitemap](http://stpub.com/sitemap) - [Support](http://stpub.com/support) © 2021 STP ComplianceEHS - All rights reserved