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By McCarthy Tétrault LLP | 4 Minutes Read January 23, 2023

Application dismissed: challenges in the workplace and performance management constitute credible non-discriminatory explanation for termination

In Yan v 30 Forensic Engineering Inc., 2022 HRTO 649, the Human Rights Tribunal of Ontario (the “Tribunal”) dismissed allegations of discrimination and harassment with respect to employment because of race, place of origin, sex, marital status, age, disability, and reprisal, contrary to the Human Rights Code, R.S.O. 1990, c.H. 19 (the “Code”).

Article by McCarthy Tétrault LLP / Human Rights / discrimination, human rights, performance improvement plan, performance management, termination, termination with cause, termination without cause Leave a Comment

By McCarthy Tétrault LLP | 12 Minutes Read December 19, 2022

The Digital Implementation Act: problems and criticisms – appropriate purposes

Picture of key on keyboardCanada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Implementation Act (“DIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA).

Article by McCarthy Tétrault LLP / Privacy / appropriate purposes limitation, biometric personal information, bona fide requirement, data collection, Digital Implementation Act, disclosure of personal information, PIPEDA, privacy law, right to privacy Leave a Comment

By McCarthy Tétrault LLP | 5 Minutes Read November 21, 2022

Should directors consider creditors’ interests when a corporation is near insolvency?

key employeesIn a recent landmark case, the United Kingdom Supreme Court held in BTI 2014 LLC v. Sequana SA & Ors, [2022] UKSC 25 that directors of a corporation owe a fiduciary duty to creditors when a corporation is at or near insolvency.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / creditors' interests, fiduciary duty, Insolvency, risk Leave a Comment

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