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International Lawyers Network

The International Lawyers Network (ILN) is a leading association of 91 high-quality, full-service independent law firms.

Since 1988, the ILN has helped its members keep pace with today’s global economy, through access to the tremendous strength and depth of the combined expertise of 5,000 lawyers in 67 countries on six continents.

ILN member firms are among the most respected and most experienced counsel in their jurisdictions. Clients’ increasing need for reliable foreign counsel is well-met by the personalized, high-quality and cost-effective legal services provided by ILN member firms. Unique to the ILN are the strong personal and professional relationships among its members and their clients developed over the past 26 years. Far from a mere directory, the ILN is an affiliation of lawyers who gather on a regional and worldwide basis annually and work routinely with each other to address client requirements and needs.

Each of the ILN’s member firms is international in outlook and staffed by highly trained senior attorneys, who are experts in a broad range of practice areas. ILN members have demonstrated experience in working successfully with international companies. They are independent, mid-sized firms within their jurisdictions, and are committed to the focus of the International Lawyers Network, admitted to the Network only after a rigorous application process. The ILN provides clients with high-quality service from experienced local counsel who work in firms that maintain excellent reputations in their own countries. This means that clients have immediate access to attorneys who are native, both linguistically and culturally, to the country of interest.

The ILN’s international directory app is available for iPhone, Android and BlackBerry smartphones. To access the app, click here or log on to ILNmobile.com from your smartphone.

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Recent Additions to the Technology and Intellectual Property Group

We are pleased to welcome two recent additions to our Technology and Intellectual Property Group: Monica Sharma and Kwan Loh.

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Ninth Circuit Addresses Whether California Employers Need to Reimburse Employees for Non-Slip Safety Shoes

On June 18, 2015, the Ninth Circuit issued an unpublished opinion in Lemus v. Denny’s, Inc. The opinion provides guidance to California employers that require their employees to wear non-slip shoes as a condition of employment.

California law generally requires that an employer must reimburse employees for “necessary expenditures.”  However, not all expenses are reimbursable.

In addressing Denny’s requirement that employees wear non-slip black shoes for which they are not reimbursed, the Court noted that, under California law, a “‘restaurant employer must only pay for its employees’ work clothing if the clothing is a ‘uniform’ or if the clothing qualifies as certain protective apparel regulated by CAL/OSHA or OSHA.’” The plaintiff who sued Denny’s did not argue that the non-slip black shoes were part of a “uniform,” nor did he argue that such shoes were not “generally usable in the [restaurant] occupation.” As such, the Court held that California law does not require Denny’s to reimburse the cost of its employees’ slip-resistant footwear. Notably, the Court did not address whether such shoes qualified as reimbursable protective apparel because the plaintiff conceded that issue.

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ILN Today Post

Court upholds FOS decision to exclude dispute from FOS and refer dispute back to Court

The recent Victorian Supreme Court decision of Goldie Marketing Pty Limited v. FOS and ANZ shows how the Finance Ombudsman Service process, combined with Court challenges by borrowers, can delay a lender from enforcing its rights for several years.

On 19 June, 2015, the Supreme Court of Victoria eventually upheld a FOS decision that a court, rather than FOS, was best placed to consider a dispute between a Melbourne toy maker and ANZ.

However, the FOS complaint by the borrower, and the challenging of the FOS decision through the courts, has effectively prevented ANZ from enforcing its rights since December 2013. More…

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Changes to the Live-in Caregiver Program

By Ron McKay

Effective as of April 1, 2010, regulatory and administrative changes were made to the Live-In Caregiver Program (“LCP”).

On December 12, 2009, Minister Kenney announced a combination of administrative and proposed regulatory changes to the LCP. These changes were designed to better protect the rights of live-in caregivers and to make it easier for them and their families to obtain permanent residence in Canada, while continuing to protect the health and safety of Canadians and maintaining the project objective to respond to labour market shortages.

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Temporary Foreign Worker Program – Minimum National Advertising Standards

By Ron McKay

As of January 1, 2009, “Minimum National Advertising Standards” were adopted by Human Resources and Skills Development Canada (“HRSDC”) and Service Canada (“SC”).

On May 2010, HRSDC and SC published a further notification indicating that all occupations based on the National Occupational Classification (“NOC”) system, skill levels 0, A, B, C and D, are subject to the Minimum National Advertising Standards. Failure to comply with the requirements will result in the application for a Labour Market Opinion being denied.

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Facilitated Processing for Information Technology Specialists Ends on September 30, 2010

By Ron McKay

On May 20, 2010, Human Resources and Skills Development Canada (“HRSDC”) and Service Canada (“SC”) issued a notice that the facilitated process for seven specified Information Technology Workers, which was initiated in May 1997, would end as of September 30, 2010.

On June 4, 2010, Citizenship and Immigration Canada (“CIC”) followed and issued Operational Bulletin 210 to also reiterate the plan to rescind the facilitated process for the seven specified job descriptions for Information Technology Workers.

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Expedited Labour Market Opinion Pilot Project Ended as of April 15, 2010

By Ron McKay

Effective as of April 15, 2010, the Expedited Labour Market Opinion (“E-LMO”) pilot project, that had been running in British Columbia and Alberta since 2007, came to an end.

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Refusal of Temporary Resident Visa – Applicant must be Provided an Explanation of the Elements that Weighed Against the Application Rather than a Litany of Factors

By Pratibha Sharma

On February 11, 2010, the Federal Court released its decision in Asong Alem v. Canada (Citizenship and Immigration), 2010 FC 148 (“Asong”). Madam Justice Tremblay-Lamer confirmed that visa officers must provide Temporary Resident Visa applicants with a sufficient explanation for refusing their application. Moreover, the explanation must include elements that weighed against the application; not merely a litany of factors.

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Construction Contracts for Projects in Canada: AIA Documents and CCDC Comparison

By Roy Nieuwenburg

Over the weekend, Roy Nieuwenburg’s article, “Construction Contracts for Projects in Canada: AIA Documents and CCDC Comparison”, was debuted at the USLAW Conference in San Antonio, Texas in the Spring/Summer edition of USLAW Magazine.

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Duty of Good Faith and Honest Performance Extended to All Contracts in Canada

By Warren Brazier with Shauna Towriss

On November 13, 2014, the Supreme Court of Canada updated Canadian common law by extending for the first time the principle of good faith to all contracts. Previously, the duty of good faith existed only in employment and insurance contacts in Canada. The ruling now aligns Canadian common law with Civil Law in Quebec and the law in most U.S. jurisdictions. The Court expects its decision to bring certainty and coherence to this area of law.

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