Superior Court of Justice renders good news decision for the worker co‑op sector

November 16th, 2012 by Paula Boutis

In early October, the Superior Court released a decision which looked at how the law governing fundamental changes to an employment contract applied in the context of worker co‑operatives. It also considered whether “sweat equity credits” amounted to “member shares” under the Co‑operative Corporations Act (CCA).

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Go Dal! We’re sponsoring WCEL’s Twitter Moot

November 15th, 2012 by Iler Campbell LLP

Iler Campbell LLP is pleased to be a Silver Sponsor to the Schulich School of Law at Dalhousie University, in the second annual “Twitter Moot”, hosted by the West Coast Environmental Law Association (WCEL), on November 20, 2012, at 10 a.m. PST (1 p.m. EST).  This is Iler Campbell’s second year sponsoring the Dalhousie team, the alma matter of Iler Campbell lawyer Paula Boutis, where Paula obtained her law degree, with a specialization in environmental law.

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How will CEAA review panels interpret “directly affected” and “interested party”? Alberta provides some clues

November 12th, 2012 by Laura Bowman

The new federal Canadian Environmental Assessment Act, 2012 (CEAA 2012) has adopted new criteria for standing at review panel hearings that includes the words “directly affected”.  The Kelly series of cases from Alberta help shed some light on the meaning of that requirement and how it might develop at the federal level.  Under CEAA 2012 review panels will decide what it means, but will be subject to supervision by the courts.

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“Species at Risk” Legislation In Ontario and Canada

November 8th, 2012 by Iler Campbell LLP

Paula Boutis and our articling student, Jessica Weizenbluth, recently authored a paper on species at risk legislation which Paula presented as part of the Law Society of Upper Canada’s Six Minute Environmental Lawyer 2012. The paper and presentation provide an overview of the laws on the books, how they have been applied, case law, and where the legislation is going from here. Download the paper and presentation here.

Anti-Spam Legislation and Non-profits and Charities – Are you ready?

November 5th, 2012 by Ted Hyland

Preparations continue to lay the groundwork for the coming into force of Canada’s anti‑spam law.1  On October 10, 2012, the CRTC published two information guidelines regarding the legislation: Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC) (CRTC Guideline 2012‑548) and Guidelines on the use of toggling as a means of obtaining express consent under Canada’s anti-spam legislation (CRTC Guideline 2012‑549).

The background to the CRTC Guidelines is that on December 15, 2010, Royal Assent was given to Canada’s anti‑spam law.  A date for the law’s coming into force will be set in the coming months, with the date now expected to be in mid‑2013.  The anti‑spam law will affect any individual, business and organization that:

  • Uses commercial electronic messages;
  • Is involved in the alteration of transmission data; and
  • Produces or installs computer programs.

If you are involved in the operation of a non‑profit or charity why should you care about the anti‑spam law? Increasingly, non‑profit organizations and charities are using electronic means of communicating with people, and the anti‑spam legislation will apply to many, if not all, of those electronic messages. How so?

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  1. An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23.

OHRC Offers Free Training on the Policy on Competing Human Rights

October 26th, 2012 by Celia Chandler

In April, the Human Rights Commission released its Policy on Competing Human Rights.  This policy provides importance guidance on what to do when to accommodate the rights of one person leads to a possible breach of the rights of another.   This comes up sometimes for our clients and so we were excited to receive an invitation today to attend a free training session on how to use this policy.  We plan to be there and you may want to too!    

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