A recent jury verdict in Florida ordered Chiquita Brands International to pay US$38.3 million to the family members of eight men killed in Colombia by…
Failing to ensure compliance throughout your operations: lessons from the Chiquita Banana case
‘Deal with this escape hatch’ – B.C. Securities Commission calls for bankruptcy law reform following Supreme Court of Canada decision
The recent decision in Poonian v. British Columbia has prompted the B.C. Securities Commission to call for bankruptcy law reform.
Supreme Court of Canada decision impacts Securities Commissions’ ability to collect from bankrupt transgressors
On July 31, 2024, the Supreme Court of Canada ruled on whether financial sanctions imposed by securities regulators are dischargeable through bankrupt…
Brar: contempt proceedings against uncooperative witnesses by the B.C. Securities Commission are constitutional
The British Columbia Court of Appeal has affirmed that the power of the province’s Securities Commission to compel evidence from witnesses and, where …
Rolling limitation periods for breach of contract
Where a party breaches a continuing contractual obligation to perform, when does the limitation period begin to run? Does a rolling limitation period …
Ontario Court of Appeal confirms duty to provide honest reasons for termination
A recent Ontario Court of Appeal decision elaborated on the longstanding theory that employers owe a duty of honest performance upon termination. Wher…
HRTO finds no post-employment obligation to conduct a workplace investigation
The Ontario Human Rights Tribunal recently dismissed the application brought by an employee where she claimed discrimination by her former employer wi…
B.C. Securities Commission issues first administrative penalty under new regime
On November 17, 2023, the B.C. Securities Commission (the BCSC) issued a $12,000 administrative penalty to Capstone Asset Management Inc. (Capstone) f…
Long-awaited U.S. Supreme Court ruling curtails SEC’s use of administrative courts
The U.S. States Supreme Court ruled on a decade-long dispute between the SEC and a hedge fund manager.
Beware the contractual limitation period
A recent Ontario court decision addressed the issue of a contractual limitation period. The decision is a reminder to parties to be mindful of their c…
