Monthly Archives: February 2013

ILN Today Post

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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ILN Today Post

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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ILN Today Post

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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ILN Today Post

The Use of Video Surveillance by Strata Corporations

By Larry Munn

A recent decision of the British Columbia Privacy Commissioner’s Office provides useful guidance for all strata corporations using or considering the use of video surveillance. In Order P09-02 (Shoal Point Strata Council), certain strata residents had complained to the Commissioner’s Office regarding the use of video surveillance in their strata corporation. In response to the initial complaint, the Strata Corporation adopted a “Policies and Procedures for Video Monitoring”, but the complainants were of the opinion that their privacy rights were not sufficiently addressed by the policies and procedures, given the type of surveillance that was being undertaken. The complainants agreed that video surveillance served a useful security purpose at the building entrances and in the parkade, but felt that the use of video surveillance in the pool area and outside the fitness centres was not warranted. They were also concerned about the use of the footage to determine bylaw infractions, as well as the live-feed from certain cameras to all units in the building.

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ILN Today Post

Effective Communication

By Pat Williams

Where does Clark Wilson LLP obtain its business? There are a number of ways, which include profile having been involved in the industry for thirty years, writing articles such as this one, giving presentations and seminars, word of mouth, names on Court decisions, and so on. Referrals from property managers is probably the most significant method from which Clark Wilson gets business. As a result, we discourage individuals from contacting us on behalf of themselves when they have a dispute with a managing agent or the strata council. Indeed, we find a substantial likelihood of conflicts when considering providing services to a strata lot owner.

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ILN Today Post

Are You Insured? Owners, Tenants and Occupants may not be … depending on the policy wording

By Allyson Baker

Some owners, tenants and occupants do not take out personal liability insurance. One reason for that decision may be the belief that they are covered under the strata corporation’s liability policy.

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ILN Today Post

Tort Immunity Arising from Covenants to Insure: The BC Court of Appeal Confirms Bar to Subrogated Claims

By Jordan Watson &nbsp

The BC Court of Appeal handed down reasons for judgment yesterday (January 9, 2013) in the most recent case related to covenants to insure: Kruger Products Limited v. First Choice Logistics Inc., 2013 BCCA 3 (“Kruger”) on appeal from the trial decision (2010 BCSC 1242).

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ILN Today Post

Navigating the New Copyright Waters

By Jeffrey D. Morton

Significant developments in Canadian copyright law occurred during 2012: in July, as reported in our Knowledge Bytes newsletter, the Supreme Court of Canada handed down five key copyright decisions, and in November 2012 significant amendments to the Copyright Act (the “Act”) came into force. Many of these amendments directly impact higher learning institutions, which are well-known environments for developing, fostering, and producing original written, musical, artistic, and dramatic works that are subject to copyright protection. This article details a number of the most significant changes to the Act that impact higher learning institutions. Understanding these amendments is essential for higher learning institutions as they work towards balancing competing copyright-related interests.

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ILN Today Post

2013 – A New Year Rings in with a New Copyright Landscape in Canada

By Jeffrey D. Morton

2012 proved to be a very important year of change in Canadian copyright law. As summarized in the July 2012 edition of Knowledge Bytes, the Supreme Court of Canada released five key copyright decisions on the same day. Further developments to the Canadian copyright landscape came into force in November 2012 when, after three previous failed attempts to amend the Copyright Act (the “Act”), a substantial number of modifications to the Act were made through the Copyright Modernization Act. The following outlines a number of the most significant changes to the Copyright Act.

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ILN Today Post

Preparing for Canada’s Anti-Spam Law

By Maggie Cavallin and Larry Munn

Canada’s anti-spam legislation was introduced in 2010, but its commencement date has been delayed while the Regulations under the Act are being finalized. The official title of the Act is “An Act to promote efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act“. It is more commonly known as – “Canada’s Anti-Spam Law” (or CASL).

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