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Publications

August 10th, 2020

IIROC issues Notice 20-0063 regarding COVID-19 related exemptions from IIROC Rules

Several provincial governments have designated investment firms and their registrants as essential services during the current COVID-19 pandemic. As a result, on March 31, 2020, the Investment Industry Regulatory Organization of Canada (IIROC) released a Rules Notice concerning exemptions from Dealer Member Rules (the “Notice”). This Notice details the exemptive relief that Dealer Members can […]

Publications

August 10th, 2020

To launch, or not to launch, an internal investigation during the COVID-19 crisis: that might be a question

With the COVID-19 health crisis and its myriad of impacts on companies and their employees, operations, service providers and securities, it is reasonable to expect increasing scrutiny from regulators, government agencies and private litigants alike during and following the crisis. The current crisis also substantially increases the risk that employees, business partners, insiders and service […]

Publications

August 10th, 2020

Prohibiting genetic discrimination: a valid criminal law subject, according to the Supreme Court of Canada

In a contentious 5-4 split decision, with 3 justices providing the main reasons, 2 justices concurring and 4 judges dissenting, the Supreme Court of Canada has ruled that the Parliament of Canada has the power to prohibit genetic discrimination.1 Specifically, Justice Karakatsanis found that the purpose of the Genetic Non-Discrimination Act is to ensure that individuals’ […]

Publications

August 10th, 2020

Federally regulated employers, be prepared: new Workplace Harassment and Violence Prevention Regulations due to take effect in a few months

Introduction In the wake of recent amendments to the Canada Labour Code1 to address harassment and violence in the workplace,2 the draft Workplace Harassment and Violence Prevention Regulations (the “Regulations”) have been of particular interest to federally regulated employers due to the magnitude of the changes being introduced. We have been waiting to hear the precise date […]

Publications

August 7th, 2020

Crisis management and the heightened risk of insider trading and tipping

A. Market integrity during the ongoing crisis: enhanced regulatory scrutiny is expected The circumstances arising from the COVID-19 pandemic are giving rise to unprecedented consequences in global securities markets. The unfolding crisis will likely give rise to material impacts to the business operations of many public issuers. Since most public issuers have deployed rapidly evolving […]

Publications

August 6th, 2020

The Superior Court weighs in on COVID-19 and force majeure

In a recent decision, the Superior Court of Quebec addressed the impact of the COVID-19 pandemic on the contractual obligations of parties to a commercial lease. This decision is likely the first of many to address this increasingly pervasive issue for businesses operating in Quebec. The decision In Hengyun International Investment Commerce Inc. v. 9368-7614 […]