Where a credit card creditor obligates its account holder to pay interest at a rate which is higher after default than the rate applicable prior to default, and, the credit card debt is real estate secured (typically by way of an “all obligations” mortgage on the cardholder’s home), it may be unlawful for the creditor [...]
A recent Court of Appeal decision from British Columbia may have devastating consequences for businesses engaged in corporate tax planning and asset protection. In Abakhan & Associates Inc. v. Braydon Investments Ltd. (“Braydon“), the Court of Appeal held that any transfer of assets made with a view to protecting such assets from current and/or future creditors might [...]
When an individual or any organization becomes involved in a dispute or a potential dispute, it is important to remember that all relevant evidence needs to be preserved. Under Court rules, both sides have an obligation to disclose all relevant documents to the other. “Documents” are defined very broadly and include any information recorded or stored by [...]
Employers in Manitoba may not be aware of recent amendments to regulations to the Workplace Safety and Health Act (the “Act”) which place a number of strict duties on employers relating to the creation, maintenance and enforcement of certain workplace policies. The protection of workers in their employment remains one of the key purposes of the Act. [...]
If you are involved with a federally incorporated charity or non-profit corporation, you need to know that the law has recently changed and that you must take steps to address this. To learn what is required and how this change in the law will affect your organization, take a look at the PitbLAWg post by [...]
This is a fundamental principle of employment law that is vital to every employer – employee relationship. The respective rights and obligations of employees and employers relating to overtime are governed in Manitoba by the provisions of the Employment Standards Code. The basic principle is that where an employee works more than 8 hours in [...]
Are you responsible for a federally-incorporated not-for-profit corporation? If you are, the clock is running on your deadline to make changes that are required by the introduction of the new Canada Not-for-profit Corporations Act (the “CNCA”). Industry Canada has just announced the CNCA will come into force on October 17, 2011. Find out what you need to do to comply with the new law, and when you need to do it.
Thinking of deleting those emails? Well, don’t. The consequences could be very costly. When you find yourself or your business involved in a potential legal dispute, you must keep all documents related to the dispute. Under the Manitoba Court of Queen’s Bench Rules, every relevant document in an action that is or has been in [...]
In January, we posted about the Competition Bureau’s proposed enforcement guidelines which will apply to any non-food product which is claimed to be either “Made in Canada” or a “Product of Canada”. These new enforcement guidelines became effective on July 1, 2010. It is advisable that all retailers and manufacturers should ensure that their products meet [...]
