Articles

How Does the Duty to Accommodate Affect Employers?

Accommodation is an equality concept that, when implemented in the workplace, can help eliminate barriers and encourage participation by employees regardless of race, colour, age, sex, physical or mental ability. For employers, the duty to accommodate may seem daunting. Understanding what’s involved and how to comply is a key part of ensuring a safe, respectful workplace that is free from human rights violations

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Supreme Court rules on duty of good faith in contract dispute

The Supreme Court of Canada recently issued a major ruling concerning commercial contract law. The ruling settles a longstanding issue before both courts and businesses about the extent to which parties to a contract are expected to act honestly and in good faith – even when the contract itself does not stipulate a duty of good faith. While a duty of good faith has already been recognized in specific areas of commercial law, the recent ruling now requires a general duty of good faith in all commercial contracts.

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How businesses can ensure compliance with anti-spam laws

The controversial Canadian anti-spam legislation (CASL) has created plenty of headaches for small businesses in the past year, and the problems will likely grow as the second phase of the law comes into effect in January. The CASL is an important piece of legislation that affects most business, yet it is still clouded in confusion and misunderstanding. Since the fines for violating the CASL can be immense (up to $10 million), it is vital for business owners to ensure they are complying with the law.

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British Columbia franchise law could become a reality

The B.C. Ministry of Justice is currently seeking feedback from the public and stakeholders on the province’s proposed B.C. Franchises Act, according to the Globe and Mail. If passed into law, the act would bring B.C. law in line with the franchise laws already enjoyed by other Canadian provinces and the U.S. Analysts say the law, which primarily affects disclosure rules, should be welcomed by both franchisors and franchisees.

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Why Canadian businesses need to prepare for activist shareholders

Canadian businesses will need to begin preparing for a significant increase in activist shareholder actions, according to the Financial Post. Shareholder activism, a phenomenon that has thus far largely been concentrated in the U.S., has been steadily growing in Canada in recent years, and due to favourable regulations here that trend will likely continue.

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