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professional misconduct

By Occasional Contributors | 4 Minutes Read April 1, 2015

Are documents prepared by a regulatory body privileged? The Court of Appeal says: it depends…

The Court of Appeal for Ontario recently commented on the application of case-by-case privilege to documents created by the Institute of Chartered Accountants of Ontario through its investigative process. In particular, the decision in Philip Services Corp. v Deloitte & Touche demonstrates that such documents may be disclosed in civil proceedings in the absence of clear assurances of confidentiality.

Article by Occasional Contributors / Business, Finance and Accounting, Privacy / assurances of confidentiality, case-by-case privilege, class action, disciplinary proceedings, Disclosure of documents, element of the Wigmore criteria, in the public interest, Institute of Chartered Accountants of Ontario, negligently audited financial statements, professional misconduct, regulatory body privilege, settlement agreement

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read March 7, 2013

Standard of proof in wrongful dismissal cases

This recent case provides a timely reminder for employers, employees, and their counsel that despite the requirements in a criminal prosecution, an employer does not have to prove allegations of misconduct “beyond a reasonable doubt” in the content of a wrongful dismissal claim.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards / adopted a higher standard, allegations of fraud, balance of probabilities, beyond a reasonable doubt, civil standard of proof, clear and convincing proof, criminal conduct, criminal or quasi-criminal conduct, Employee behaviour, employment law, high threshold, HR Law, Labour Law, misconduct, misconduct relied upon to justify dismissal, professional misconduct, Standard of proof in wrongful dismissal cases, termination, terminations, wrongful dismissal, Wrongful dismissal claims

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