Regions

New requirements for foreign employees returning to Canada

By John Soden

From September 1, 2016, it will be the policy of Clark Wilson to apply for Electronic Travel Authorizations (ETA’s) on behalf of all clients that require them.

Foreign nationals from visa exempt countries must have in their possession a valid ETA in order to be given permission to board any public carrier (air, rail, road and sea) to come to Canada. Failure to be in possession of a valid ETA will mean the foreign national will be refused boarding by the transport operator and their travel to Canada will be delayed until a valid ETA is obtained.

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Pohland Herrenkleidung: Verfahren eröffnet

Seitdem die Pohland Herrenkleidung GmbH & Co KG vor zwei Monaten Insolvenzantrag gestellt hat, wurden umfängliche betriebswirtschaftliche Analysen für jede einzelne Filiale durchgeführt. Heute wurde das Insolvenzverfahren in Eigenverwaltung eröffnet. Das Sanierungskonzept steht und der Insolvenzplan ist in Vorbereitung.

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When to Take an Agency Global?

Today’s agencies are expanding more quickly and aggressively into new jurisdictions than ever before. That isn’t a project to take lightly.

Advances in technology and the globalization of business have facilitated the process of international expansion to some extent, but the fact is that great regional differences remain: in business cultures, regulatory environments, and more.

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Employers and Modern Slavery

The Modern Slavery Act 2015 came into force last year to ensure supply chains are free of slavery and to prevent exploitation and trafficking of workers. It created three new offences:

  • holding people in slavery or servitude or requiring them to perform forced or compulsory labour;
  • the arranging or facilitating of human trafficking, being arranging the travel of people with a view to exploiting them; and
  • committing an offence with the intention of human trafficking, including aiding and abetting.
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Trusts and the revised 4AMLD

In my 26 November 2015 blog, I wrote about the impact on trusts of the EU’s first draft of the Fourth Anti-Money Laundering Directive (4AMLD).  It seemed that only if the trust generated ‘tax consequences’ would the trustees have to provide details about the trust to a central register, which would not be publicly available.  However, a revised version of the draft 4AMLD was published by the European Commission on 5 July and it envisages public access to trust beneficial ownership information for certain trusts only.  The coming into force of the 4AMLD is brought forward to 1 January 2017, from 26 June 2017.The revisions distinguish between trusts which consist of (1) assets held by, or on behalf of, persons carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in the course of that business with a view to gain profit and (2) trusts which do not fall within this definition.  For the former kind of trust, the European Commission believe that ‘…It is legitimate and proportionate to grant public access to a limited set of information on the beneficial owners…’ on the basis that ‘third parties wishing to do business with the entity or structure require access to reliable information about the ownership, including the identity of the controlling owners…’.  For the latter, the name, month and year of birth, the nationality and the country of residence of the beneficial owners of the trust will only be made available to persons or organisations who can demonstrate a legitimate interest in the information.  In all cases, the register will be accessible by tax and other public authorities responsible for combating money laundering.  

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What’s Your Evidence? The Danger of Hearsay Evidence in IP Litigation

In Pfizer Canada Inc. v. Teva Canada Limited, 2016 FCA 161, the Federal Court of Appeal (“FCA”) recently overturned a substantial damages award in a pharmaceutical patented medicines action on the basis that the trial judge admitted improper hearsay evidence. This is an important reminder that the hearsay rule of evidence is alive and well.

At trial, only one witness was called to testify in support of damages and he did not have actual firsthand knowledge of the purported facts to which he was testifying. Instead the witness could only testify to the oral and written statements of others.  The FCA ruled that this evidence was hearsay, and therefore inadmissible.

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An opposition to trademark registration may become available in Russia

In late June Rospatent has posted on its official website the Draft Regulation of Trademark Opposition Procedure (hereinafter – Regulation). Rospatent expects that the opposition procedure could substantially minimize the terms of trademark registration.

The Regulation establishes that Rospatent’s competence should be limited to examination of only “absolute grounds” for refusals (para. 1-5 art. 1483 of Russian Civil Code).

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Disruptor Meets Regulator, and Regulator Wins: Lessons Learned from Theranos

On July 7, 2016, the Centers for Medicare and Medicaid Services (“CMS”) imposed several administrative penalties on Theranos, a clinical laboratory company that proposed to revolutionize the clinical laboratory business by performing multiple blood tests using a few drops of blood drawn from a finger rather than from a traditional blood draw that relies on needles and tubes. However, after inspecting the laboratory, CMS concluded that the company failed to comply with federal law and regulations governing clinical laboratories and it posed an immediate jeopardy to patient health and safety. CMS has revoked the CLIA certification of the company’s California lab, imposed a civil monetary penalty of $10,000 per day until all deficiencies are corrected, barred Medicare or Medicaid reimbursement for its services, and excluded its founder and CEO from owning or operating a clinical laboratory for two years.

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Congratulations to Rosemary John

Rosemary John was recently elected corporate secretary for the Mortgage Investment Association of British Columbia. MIABC is the leading professional organization within the mortgage lending sector in British Columbia. Congratulations to Rosemary on her well-deserved position.

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Adam Bregman appointed to Board and as Legal Counsel For United Way of Palm Beach County

West Palm Beach real estate attorney Adam Bregman was recently appointed to serve on the Board of Directors and as General Counsel to United Way of Palm Beach County, a volunteer-driven organization dedicated to improving the lives of individuals and families in Palm Beach County.

Shutts & Bowen has a long standing history with the organization, with attorneys providing pro bono legal services and serving in the leadership of the organization.

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