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The Double Committee Meeting Problem…and How To Solve It
April 13, 2023 | By Craig Zawada, K.C, Janelle Anderson In its arsenal of tools, committees might be one of a board’s most important. Yet they are often employed poorly. If they are so essential, why are they not used properly? The answer may depend on the maturity of the organization’s strategy development and governance […]
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Reporting Data Breaches: Things Can Get Worse
March 14, 2023 | By Craig Zawada, K.C A dark, and not very funny, joke in IT administration circles says there are two kinds of businesses: those which have been hacked and those which will be. Anyone that has suffered through ransomware, data theft, or other form of cyber-attack knows the incredible cost to time, […]
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Who Does a Director REALLY Act For?
March 1, 2023 | By Craig Zawada, K.C In our previous article on board unity, we highlighted the need for a board to speak with one voice. We also briefly mentioned another simple, but fundamental, governance principle. Like board unity, this principle is too often misunderstood and misapplied. The difference is that this one involves […]
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Indigenous and Muslim Perspectives on Peace Education
March 1, 2023 | By: Troy Baril On February 16, 2023, Emmanuel College of Victoria University, at the University of Toronto hosted its fourth session in a series of panels featuring Indigenous-Muslim perspectives on common issues of importance to the contemporary world. In this two-hour conversation, panelists will discuss how Elders pass on teachings about […]
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The Governance Necessity Too Many Directors Do Not Understand
February 15, 2023 | By Craig Zawada, K.C Board governance is hard to do well, and filled with misconceptions. Even the term “governance” itself is often mischaracterized as involving only legal rules like bylaws and corporate articles. In reality, governance is all about sustaining a high-performance organization, and touches almost every aspect of the entity. […]
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Privacy risk on social media platform TikTok
January 20, 2023 | By Avneet Nehel, Craig Zawada, Troy Baril Artificial Intelligence (“AI”) has taken center stage of 2023. Most countries are preparing, or have already passed, legislation to regulate the use of AI. While recent in terms of regulation, AI technology has been in commercial use, particularly Data Mining, for at least 20 […]
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Suspending limitation periods through tolling agreements
January 26, 2023 | By Kevin Mehi and Troy Baril In the first two parts of this blog series, we have explored whether commercial parties can agree to extend, reduce, exclude, or otherwise vary a statutory limitation period (in Ontario and Western Canada), and whether shorter contractual survival periods in M&A transactions violate statutory limitation […]
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Changes in Privacy Legislation
January 20, 2023 | By Avneet Nehel and Craig Zawada This year will be big for privacy law around the world. While Europe and UK are planning new legislation on Artificial Intelligence (“AI”) to promote responsible innovation, Canada is coming out with its own legislation to strengthen privacy laws and create a better environment for […]
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Do shorter contractual survival periods in M&A transactions violate statutory limitation periods?
January 16, 2023 | By Kevin Mehi and Troy Baril A common feature in many share or asset purchase agreements is a contractual survival period for representations and warranties. However, these contractual survival periods are often shorter than the limitation periods set out in applicable provincial legislation.[1] This blog post explores whether a contractual survival […]
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Can commercial parties agree to extend, reduce, exclude, or otherwise vary a statutory limitation period?
January 10, 2023 | By Kevin Mehi and Troy Baril Limitation periods determine the period of time within which one party (whether and individual, corporation, or other entity) must commence a lawsuit against another party. In Canada, limitation periods are primarily defined by provincial statutes and, effectively, act as time limits for commencing such lawsuits. […]
