construction projects for the city a conflict of interest? also provided clarification on limitation periods for the discoverability rule and the doctrine of fraudulent concealment and on certification of loss as a common issue. White House. Updated: 01/06/2022 12:42 PM EST. John Pelissero, senior scholar, government ethics, quoted by Business Insider. While real accountability is yet to come for the culprits that undermined Europes core human rights organisation, there have been some consequences. Thats enough to pay for the UNs aid budget twenty times over and bring many nations out of poverty. A tax benefit is generally defined as a reduction, avoidance or deferral of tax. These cases range from the CEO's fiduciary duty, the . The court ruled that s. 7(5) of theArbitration Act, 1991(Ontario) does not grant a court discretion to refuse to stay claims that are dealt with in an arbitration agreement. RS: I think it would be easier if there were regulatory standards around this, so that a board doesnt have to be the one to make its own decision with its own CEO. Its a very high threshold to demonstrate unconscionability, and the court spent a lot of time giving greater credence to that concept., Uber Technologies Inc., Uber Canada, Inc., Uber B.V. and Rasier Operations B.V. > Torys LLP > Linda M. Plumpton, Lisa Talbot and Sarah Whitmore, David Heller > Wright Henry LLP and Samfiru Tumarkin LLP > Michael Wright, Lior Samfiru and Danielle Stampley, Attorney General of Ontario > Christopher P. Thompson and Paul Sheridan, Young Canadian Arbitration Practitioners > Perley-Robertson, Hill & McDougall LLP > John Siwiec, Arbitration Place > Borden Ladner Gervais LLP > Robert Deane and Craig Chiasson, Don Valley Community Legal Services > Monkhouse Law > Alexandra Monkhouse and Andrew Monkhouse, Canadian Federation of Independent Business > Anthony Daimsis, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic > Marina Pavlovic and Johann Kwan, Income Security Advocacy Centre and Parkdale Community Legal Services > Nabila F. Qureshi and Karin Baqi, United Food and Commercial Workers Canada > Goldblatt Partners LLP > Steven Barrett and Joshua Mandryk, Workers Health and Safety Legal Clinic > Kevin Simms and John Bartolomeo, Montreal Economic Institute > Osler, Hoskin & Harcourt LLP > Robert Carson and Lauren Harper, Canadian American Bar Association > Caza Saikaley > Alyssa Tomkins and James Plotkin, Chartered Institute of Arbitrators (Canada) Inc. and Toronto Commercial Arbitration Society > Blake, Cassels & Graydon LLP > Joseph C. McArthur and Rahat Godil, Canadian Chamber of Commerce > Davies Ward Phillips & Vineberg LLP > Matthew Milne-Smith and Chantelle Cseh, International Chamber of Commerce > Norton Rose Fulbright Canada LLP > Andres C. Garin and Alison FitzGerald, Consumers Council of Canada > Sotos LLP > Mohsen Seddigh and David Sterns, Community Legal Assistance Society > Allen/McMillan Litigation Counsel > Wes McMillan and Greg J. Allen, ADR Chambers Inc. > Bennett Jones LLP > Andrew D. Little and Ranjan K. Agarwal, Nevsun Resources Ltd. v. Araya (SCC, BCCA). Conflicts of interest are not always obvious. BMO had circumvented the stop-loss rule by causing the corporation to have two classes of shares. The court nevertheless denied plaintiffs . 4352238 Canada Inc. v. SNC-Lavalin Group Inc., et al. Conflicts of interest and disclosing confidential information grounds for dismissal - 6 July 2021 Organisational change and economic recovery: Managing the risks - 12 February 2021 Timesheet and leave fraud - How managers can prevent and detect corrupt conduct relating to timesheets - 2 September 2020 Under the Companies Creditors Arrangement Act regime, Callidus put forward a plan of arrangement in which Bluberi relinquished the right to sue Callidus. These actions are seen in . TELUS Communications Inc. v. Avraham Wellman, the majority of the Supreme Court found that TELUSs business customers could not proceed with a class action but must proceed with arbitration as stipulated in their contracts. Spence spoke with the Petrie-Flom Center to offer her perspective on the conflicts of interest that can arise when hospital administrators take positions on for-profit advisory boards. . Conflicts of interest are very likely to happen at a financial services firm, so companies should be well prepared to identify, monitor and manage conflicts as they arise. "Conflicts of Interest: are defined at the "Glossary" with . our span encompasses two years rather than one. Read more. Take action and donate now to help us end corruption, Except where otherwise noted, this work is licensed under CC BY-ND 4.0. Courts found that the Ontario act allowed them to refuse to stay when there was, in their view, a mixture of claims, and so it concerns the interpretation of s. 8 of the Ontario Arbitration Act, says Cowper. Railway Association of Canada > Nicholas R. Hughes and Kevan Hanowski, Explorers and Producers Association of Canada > Paul Chiswell, Robert Martz and Brendan Downey, Canadian Fuels Association > Geoffrey G. Cowper, Q.C., and Daniel Byma, Council of The Haida Nation > G.L. And two cases addressed the environment, directly or indirectly: British Columbias Reference re Environmental Management Act concerned the contested Trans Mountain Pipeline expansion and held that B.C.s amendments to provisions in its environmental legislation lay beyond its provincial jurisdiction; and Nevsun Resources Ltd. v. Araya found that a Canadian mining company operating in Eritrea was liable for damages in Canada. Confidence in the Supreme Court is declining but there is no easy way to oversee justices and theirpolitics, Clarence Thomas and his wifes text messages highlight missing ethics rules at the SupremeCourt, University of Florida bans professors from giving expert testimony against state a scholar explains the academic freedomissues, U.S. election results may suggest ethics no longer matter just like inCanada, Medical research is broken: heres how we can fixit. Employees dont always recognize conflicts of interest in the workplace. Read more, Myanmar is a tragic example of how rich natural resources are often exploited by the corrupt while causing social and environmental disasters that affect ordinary people.In 2015, a report revealed that corrupt military officials, drug lords and their cronies, had been illegally exploiting jade mines in northern Myanmar and smuggling the stones to China.In total, more than US $31 billion in jade stones were extracted in 2014 alone the equivalent of half of Myanmars GDP that same year. (Ontario) does not grant a court discretion to refuse to stay claims that are dealt with in an arbitration agreement. The system also added a new whistleblower policy and. Properly defining conflict of interest in business ethics trainingreiterates your code of conduct in a way that helps employees retain the information. In other words, by effectively disclosing his interest, the director has avoided facing the consequences of a conflict of interest. The court held that the CRTC did not have the authority to exempt the Super Bowl from long-standing regulations that apply to other programming, and in doing so, it departed from years of its own precedents by holding that administrative decisions subject to statutory appeal rights should be reviewed according to appellate rather than judicial review principles; so, the correctness standard applied to extricable legal issues such as the statutory interpretation in the Bell/NFL appeals. Its the first year in which this decision has started to take shape, says Kains partner Steven Mason, who likewise argued the Bell/NFL appeals before the appellate courts. The greater story coming out of the case is the confirmation and the clarity around the federal role in relation to interprovincial projects, says Keith Bergner of Lawson Lundell LLP in Vancouver, who was on the legal team for the intervener Canadian Association of Petroleum Producers. Formal investigations are currently underway in several countries and the banks involved Moldindconbank, Danske Bank, Deutsche Bank and HSBC are in hot water for failing to comply with anti-money laundering rules. While corrupt decision makers profited, citizens in the affected countries paid the costs of overpriced necessities such as roads and power plants.The companys transactions eventually caught the interest of authorities in several countries, including the US and Germany, which launched investigations and ultimately secured a historic sanction of US$1.6 billion. There are two key conclusions from the decision that will have broader significance, he says. What follows is a list of ten of the most significant cases involving in-house counsel and ethical issues. Is That a Conflict of Interest? They are CEOs in the same way that somebody running a private company is in terms of management, leadership, skills but they run for the benefit of patients and the community. . Neil Godfrey, a B.C. Read more. is unlikely to cease-trade a transaction and thereby take the decision to complete the transaction out of the hands of the minority shareholders. The Arbitration Act provides that parties to an arbitration agreement are going to have to arbitrate, period.. We havent had a major government ethics scandal since Watergate, which means Americans have forgotten how bad it can be. More than two dozen newsrooms have shut down and stopped the presses during the pandemic. CR: Can you describe whats at stake here, when hospital executives take positions on corporate boards? Since a trilogy of competition class action decisions was released by the Supreme Court in 2013, the time was ripe for the court to take a fresh look at broader claims, such as those by umbrella purchasers, says Campbell. Shutting down competition in Tunisia 6. Theyre two different things. The Gupta family took as much as US$7 billion in government funds, including a US$4.4 billion supply contract with South Africas rail and port company. There are several strategies you can use, including business standards, business ethics training, and formal reporting procedures. Baker Group increased its offer, as recommended by special committee, which went to shareholders and was the subject of the OSC hearing. 1:100 (in 2014). Vavilov was born in Canada to two Russian spies. Weve lightly edited and condensed the interview. Since 1979, the ruling Obiang family, along with their cronies, have stolen billions of dollars from the people. A sociologist conducted hundreds of interviews to see how they think about funding sources and profit motives for basic and applied research. However, it only found 11 actual cases of conflict of interest between 1 October and 31 December 2020. NOVA Chemicals successfully appealed a judgment of more than $1.4 billion arising out of the operation of an ethylene plant in Alberta, which is jointly owned by NOVA and the respondent, Dow Canada, but operated exclusively by NOVA under an agreement. This is a question that resonates equally in Canada. Joel Lexchin, University of Toronto; Barbara Mintzes, University of Sydney; Lisa Bero, University of Colorado Anschutz Medical Campus; Marc-Andre Gagnon, Carleton University, and Quinn Grundy, University of Toronto, Kelly E Lloyd, University of Leeds and Stephen Bradley, University of Leeds, Joel Lexchin, University of Toronto and Lisa A Cosgrove, UMass Boston, David R. Johnson, University of Nevada, Reno, Ray Moynihan, Bond University and Rita Horvath, UNSW Sydney, John C. Besley, Michigan State University; Aaron M. McCright, Michigan State University; Joseph D. Martin, University of Leeds; Kevin Elliott, Michigan State University, and Nagwan Zahry, Michigan State University, Elizabeth C. Tippett, University of Oregon, George Rennie, The University of Melbourne, Professor Emeritus of Health Policy and Management, York University, Canada, Associate Professor of Law, University of Oregon, Emeritus Professor in Public Health, University of Sydney, Professor and Director of Doherty Epidemiology, The University of Melbourne, Lecturer in Politics, The University of Melbourne, Ellis N. Brandt Professor of Public Relations, Michigan State University, Associate Professor of Communications, Penn State, Professor of English, Arizona State University, Associate professor, School of Pharmacy and Charles Perkins Centre, University of Sydney, Associate Professor of Political Science, University of Florida, Professor of Sociology, Michigan State University, Professor in Lyman Briggs College, Fisheries & Wildlife, and Philosophy, Michigan State University, PhD Student in Media and Information Studies, Michigan State University. The appellate decision provided clarification on the issue of abuse of process and its application, highlighting the difference between an attempt to re-litigate and an argument that could not and had not been previously raised. Following the courts decision, B.C. The Russian Laundromat, a massive money laundering scheme that siphoned off somewhere between US$20-80 billion in fraudulent funds away from public services and the citizens who need them most, could be one of the reasons why. The Court of Appeal found the amendments to lie beyond provincial jurisdiction. The key takeaway is that the Ontario court does not have any jurisdiction to enter a stay in respect of matters covered by an arbitration clause, says Geoffrey Cowper of Fasken Martineau DuMoulin LLP in Vancouver, who acted for TELUS. businessman and representative plaintiff, commenced a proposed class action alleging that Pioneer, Toshiba and other electronics manufacturers had participated in a global, criminal price-fixing cartel that overcharged British Columbians for optical disc drives, and related products. 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