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Published on: 22 Jun 2021 By

COVID-19 temporary layoffs: Not constructive dismissal after all?

Throughout the COVID-19 pandemic, many employers have been forced to temporarily lay employees off because of unexpected business disruptions and/or shutdowns. After over a year of media articles, commentary and legal webinars, employers are likely aware that a temporary layoff is presumptiv…

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Published on: 2 Jun 2021 By

Securities regulators target Poloniex, an unregistered cryptocurrency exchange

Canadian regulators have escalated their confrontation with unregistered Crypto-Platforms.1 On May 25, 2021, the OSC issued a Notice of Hearing and Statement of Allegations2 accusing Polo Digital Assets, Ltd., a Crypto-Platform operating under the name Poloniex, of registration and disclosur…

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Published on: 3 May 2021 By ,

U.S. Supreme Court limits the FTC’s power under § 13(b)

Canadian lawyers are often caught rubbernecking as blockbuster legal battles are duked out in the Supreme Court. Sometimes we watch on with admiration. Other times, we scratch our head. But this time, we stared in awe, as the wreckage of the FTC was hauled away by a resounding 9-0 defeat. Ju…

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Published on: 15 Apr 2021 By

Ontario Superior Court rules employer can’t refuse to comply with termination clause and later argue it’s enforceable

A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, suggests that employers run the risk of being found to have “repudiated” an otherwise valid employment agreement if they fail to comply with the termination provisions of that agreemen…

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Published on: 13 Apr 2021 By

Why Canada’s regulatory crackdown on unregistered cryptocurrency exchanges is good news for investors

In Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“SN 21-329”), the Canadian Securities Administrators (CSA) issued an ultimatum to crypto asset platforms operating within Canada or with Canadian users: Register, or else. Published o…

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Published on: 5 Apr 2021 By ,

Driving into the future: Privacy and insurance implications of self-driving cars

Back in the early 90s, shows like Transformers and Knight Rider shaped and invigorated the imagination of young kids by integrating well known cars with computerized, autonomous, and intelligent personalities. The cars drove themselves; both literally and in personality. Today this story, wh…

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Published on: 24 Feb 2021 By

I received a payment from a class action. How do I know if it is legitimate?

Voir en français At one time or another, you may have received notification that you are eligible to participate in a class action. The notice will tell you how to file a claim, usually by completing an online form on a website dedicated to the administration of the class action. Sometimes y…

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Published on: 12 Feb 2021 By

Canada’s First Bitcoin ETF and the Regulatory Race to Tame Crypto

The race to launch Canada’s first ETF is over, and the Purpose Bitcoin ETF is the winner. In regulatory filings published only a few days ago on SEDAR, the Purpose Bitcoin ETF disclosed that the OSC had issued a receipt for its long-form prospectus. To offer securities to the public, an inve…

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Published on: 11 Feb 2021 By

There’s Gold in Them Thar Hills – Wong v Pretium Resources

Introduction Wong v Pretium Resources (“Pretium”) was a securities class proceeding premised on the issue of whether the defendant gold mining company’s failure to disclose the negative opinion of one of its mining consultants, Strathcona, amounted to an omission of a material fact, and thus…

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