Articles

The “belt and braces” approach: The Supreme Court of Canada strengthens occupational health and safety obligations

On November 10, the country’s highest court issued an interesting decision on employers’ health and safety obligations in R. v. Greater Sudbury (City), 2023 SCC 28. The decision reaffirms that occupational health and safety (OHS) is everyone’s responsibility and that an employer can be held liable for an OHS violation even if it is not the fault of one of its own employees.

This decision is of interest to owners that hire general contractors to manage projects.

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Tis the season to be jolly – Office holiday party season, that is!

Office holiday parties are a wonderful time for employers to highlight employees’ accomplishments, thank them for their contributions to the company and give them a chance to mix and mingle in a more relaxed setting.

Here are a few reminders to help prevent unfortunate incidents and ensure that these events go off without a hitch. 

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Is an insurer obliged to defend its insured for all damages claimed, even if certain types of damages are excluded from the policy?

When an insured claims compensation, the mere possibility that the claim falls within the scope of the policy triggers an obligation, on the part of the insurer, to defend the insured in a litigation dispute.1 However, some claims may involve damages that are not covered, while others are. In this specific case, must the insurer assume the defence costs associated with all claimed items, or can it exclude those incurred for non-covered damages?

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Navigating corporate governance for venture issuers in Canada – Part 1: board composition, board committees and essential policies for robust corporate governance

Embarking on the journey of going public on the TSX Venture Exchange (the “TSXV”) or the Canadian Securities Exchange (the “CSE”) in Canada is a momentous step for emerging companies (also referred to as “venture issuers”). This transition opens up new avenues for capital acquisition and provides access to a broader spectrum of investors. However, with this change comes a set of pivotal responsibilities, especially in the realm of corporate governance. To ensure a seamless transition and instill confidence among stakeholders, venture issuers must meticulously consider corporate governance factors.

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Neon and collaboration: The emergence of hybrid project delivery mode and the next generation of traditional delivery contractual templates

In the 1980s, neon was the thing to wear.
Did some people go all-in? Absolutely! Leggings, bodysuit, baggy t-shirt, wide belt—all neon. Ski slopes and gyms that transformed into dance floors on Saturday night were the perfect backdrop. Did you have to go all-in, all the time? Not at all. You wouldn’t wear neon to a wedding or a funeral, aside from the occasional accessory, and ideally not on a battlefield.

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