Bennett Jones LLP

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4500 Bankers Hall East
855 2nd Street SW
Calgary, Alberta T2P 4K7, Canada
Phone: 403.298.3100
Fax: 403.265.7219
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • New York
Other Countries
  • Canada
Number of Attorneys
400+ Attorneys

Don't Let Caveats Mislead You: The Importance of Complying with Limitation Periods in Property Claims

In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property,…more

Canada, Foreclosure, Land Developers, Land Owners, Land Titles

See all updates »

Federal Government to Significantly Overhaul the Competition Act

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (Bill…more

Acquisitions, Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada

See all updates »

A Guide to Navigating the Complexities of GenAI in Investment

In today's rapidly evolving technological landscape, the emergence of generative artificial intelligence (GenAI) presents both opportunities and challenges for investors, founders and companies alike. With GenAI generating new…more

Artificial Intelligence, Canada, Environmental Social & Governance (ESG), Innovative Technology, Legislative Agendas

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Government of Canada Trying to Focus Policies to Make Electric Vehicles Go

Budget 2022 Introduces: new "Super Flow-Through" Critical Mineral Exploration Tax Credit; funds to Support Critical Infrastructure; and further Support for Indigenous Partnerships…more

Automotive Industry, Canada, Electric Vehicles, Federal Budget, Infrastructure

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Federal Government Proposes Potential Changes to Draft Clean Energy Regulations

On February 16, 2024, the Canadian government released an update on the Draft Clean Energy Regulations (Draft CER) and provided some proposed changes in response to the significant feedback affected parties provided on the Draft…more

Canada, Clean Energy, Climate Change, Energy Policy, Energy Projects

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Canada's M&A Landscape and Deal Making Trends: Q1 2024

United States and global M&A rebounded in the first quarter of 2024, powered by the return of mega deals worth US$10 billion or more. According to Bloomberg, global deal values are up about 21 percent year-on-year to more than…more

Acquisition Agreements, Acquisitions, Artificial Intelligence, Canada, Investors

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What Will the U.S. Election Mean for Canada?

In this recording from a web event following the U.S. election, Hugh MacKinnon (Chairman and CEO of Bennett Jones) moderates a panel of four of Canada's most insightful and respected leaders, and members of the firm's…more

Economic Development, Election Results, Energy Sector, Foreign Policy, Joe Biden

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Clarity and Confusion: Updates to Canada's Guidance on Forced Labour Reporting Requirements

As businesses finalize their reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act) in advance of the May 31, 2024, statutory deadline, Public Safety Canada has updated its…more

Canada, Child Labor, Corporate Counsel, Corporate Liability, Corporate Social Responsibility

See all updates »

Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2

In this follow-up blog, we explore the intricacies of artificial intelligence (AI) patents in the AgTech and Agribusiness industry, highlighting significant hurdles and strategic considerations essential to keep front of mind…more

Agribusiness, Agricultural Sector, Artificial Intelligence, Canada, Intellectual Property Protection

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Alberta’s Recovery Plan

The Government of Alberta has launched its long-term plan for economic recovery from the effects of the COVID-19 pandemic and the historic fall in oil prices. Alberta’s Recovery Plan is the province's strategy to invest in…more

Canada, Coronavirus/COVID-19, Public Health Emergency, Relief Measures

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Do You Issue Loans for Less than $5000? The Ontario Government Wants to Call you a Payday Lender

Businesses that issue loans to customers for $5,000 or less should be aware that the Ontario Ministry of Consumer Services (MCS) is proposing an amendment to the regulations under the Payday Loans Act, 2008 which, read literally…more

Canada, Loans, Payday Loans, Proposed Regulation, Registration

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Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench addressed…more

Arbitration, Arbitration Agreements, Arbitration Awards, Canada, Commercial Arbitration

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Canada's M&A Landscape Q3 2022: It's Not If, It's When

While Canadian M&A activity slowed in Q3, many companies and investors continue to have the appetite and capital to do M&A transactions, including private equity funds who continue to seek accretive opportunities to deploy…more

Acquisitions, Canada, Energy Sector, Investment, Investment Adviser

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Canada Cross-Border De-SPAC Transactions: What U.S.-Listed SPACs and Canadian Companies Need to Know

Key Highlights - - SPAC IPO activity has declined but de-SPAC transactions have proven resilient. - U.S.-listed SPACs are searching for targets internationally, creating opportunities for Canadian companies. - Key…more

Acquisitions, Canada, Cross-Border, Cross-Border Transactions, Initial Public Offering (IPO)

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Hydro-Québec Selects 8 Wind Farms Projects Following its 2023 Call for Tenders

According to its Electricity Supply Plan 2023-2032 submitted to the Régie de l'énergie at the end of 2022, Hydro-Québec expects growth in electricity demand to continue in Quebec in the next decade by an additional 25…more

Canada, Clean Energy, Electricity, Energy Projects, Hydropower

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Certification Denied in Proposed Class Proceeding Against Gun Manufacturer for Mass Shooting

An Ontario Superior Court Judge has refused to certify a class action against the manufacturer of the handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto. The plaintiffs brought their claim on behalf…more

Canada, Civil Liability, Firearms, Gun Laws, Gun Manufacturers

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Redesigning British Columbia's Mineral Exploration System

On September 26, 2023, the British Columbia Supreme Court issued a ruling in Gitxaala v. British Columbia (Chief Gold Commissioner) that will affect the future of mining in British Columbia. In this case, the court found the…more

Canada, Mineral Exploration, Mineral Extraction, Mineral Leases, Minerals

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Court of Appeal Refines the Corporate Attribution Doctrine

The corporate attribution doctrine concerns the attribution of the actions of a corporation’s directing mind to the corporation itself.  On March 10, 2022, in Ernst & Young Inc. v. Aquino [Aquino], the Court of Appeal released…more

Canada, Corporate Counsel, Corporate Financing, Corporate Fraud, Corporate Liability

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Ontario Court of Appeal Provides Further Guidance on the Leave Test for Securities Misrepresentation Claims

The test for leave to bring a secondary market securities misrepresentation claim under section 138.3 of the Ontario Securities Act (OSA) has been the source of much confusion and conflicting jurisprudence. In a series of…more

Canada, Misrepresentation, Ontario Securities Act, Scienter, Securities

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Drawing Plausible Inferences on Limitation Period Questions: The SCC Articulates the Test for Discoverability

A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference of liability on the…more

Canada, Discovery, Supreme Court of Canada

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Why Major Infrastructure Projects Succeed

Q&A with Jane Bird on partnership, governance and the private sector - Jane Bird delivered the afternoon keynote at the Toronto Region Board of Trade's 5th Annual Transportation Summit. She spoke about the characteristics of…more

Canada, Infrastructure, Public Improvement Projects, Public Private Partnerships (P3s), Public Transit

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Ready to Rebound: Canada's 2024 M&A Landscape

While Canadian M&A activity continued to lag in 2023 as compared to 2021 and early 2022 in terms of transaction value and volume, as reflected in a significant downturn in exits in Q3, there remain a number of reasons for…more

Acquisitions, Canada, Energy Projects, Energy Sector, Investment

See all updates »

The Cullen Commission Explores the Issue of Money Laundering Through Virtual Assets

In June 2022, the Final Report of the Commission of Inquiry into Money Laundering in British Columbia was published. As previously reported by us in The Cullen Commission Releases Its Final Report on Money Laundering in British…more

Anti-Money Laundering, Banking Sector, Banks, Canada, Cryptoassets

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Ontario Passes Bill 97, Advancing the Province's Ambitious Housing Supply Action Plan for Homebuyers

On June 8, 2023, Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) received royal assent. Bill 97 was initially introduced April 6, 2023 as part of Ontario's Helping Homebuyers, Protecting Tenants housing…more

Canada, Home Buyer, Homeowners, Land Developers, Real Estate Development

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Additional Canada Business Corporation Act Regulations to Come Into Force August 31, 2022

In 2021, the Government of Canada proposed regulations that would change the director election process for certain corporations established under the Canada Business Corporations Act (CBCA). For more information with respect to…more

Board Members, Board of Directors, Business Corporation Act, Canada, Corporate Counsel

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US $2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO

On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion judgment to the SFC Litigation Trust for fraud and breach of fiduciary duty…more

Breach of Duty, Canada, Canadian Securities Administration, Enforcement Actions, Evidence

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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA…more

Canada, Claims Limitations Period, Environmental Policies, Oil & Gas, Oil Spills

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The Alternative Minimum Tax Goes Mainstream

The 2023 Budget proposes material changes to the alternative minimum tax (AMT) regime which, as discussed below, could result in significant increases to taxes on capital gains (i.e.,5-6 percentage points). Although…more

Alternative Minimum Tax, Canada, Capital Gains, Federal Taxes, Income Taxes

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Canadian Regulators Continue Enforcement Efforts Aimed at Offshore Crypto Platforms

Canadian regulators want to ensure that crypto-asset trading platforms (CTPs) know that they will not be able to evade Canadian and Ontario securities law sanctions by withdrawing from the Canadian market. As part of a…more

Canada, Crypto Exchanges, Cryptoassets, Digital Assets, Enforcement Actions

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Ontario Passes Bill 97, Advancing the Province's Ambitious Housing Supply Action Plan for Homebuyers

On June 8, 2023, Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) received royal assent. Bill 97 was initially introduced April 6, 2023 as part of Ontario's Helping Homebuyers, Protecting Tenants housing…more

Canada, Home Buyer, Homeowners, Land Developers, Real Estate Development

See all updates »

Changes to Ontario's Employment-Related Legislation Have Arrived

As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On…more

Canada, Employer Liability Issues, Employment Contract, Employment Litigation, Employment Standards Act

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Continuous Disclosure Recommendations Resulting from CSA Biennial Review

On November 3, 2022, the Canadian Securities Administrators (CSA) published its biennial report on issuer compliance with continuous disclosure obligations - Staff Notice 51-364 (Staff Notice), which covers fiscal years ended…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Statements, MD&A Statements

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Is Pricing All That Matters When Borrowing?

For many borrowers, pricing is the most significant factor when deciding on a lender. If you are borrowing from a mid-market lender (MML), it is more than likely that the deal will be papered on that MML's standard form…more

Banking Sector, Banks, Canada, Creditors, Debtors

See all updates »

Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5…more

Canada, Contaminated Properties, Environmental Liability, Environmental Litigation, Environmental Remediation Costs

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Alberta Releases List of Essential Services, Orders Immediate Closure of Certain Non-Essential Businesses - Update

This is an update to a previous blog from March 28, 2020. As a response to the increasing risk that the COVID-19 virus poses to Albertans, on March 27, 2020, the Alberta Government made several announcements affecting business,…more

Business Closures, Canada, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

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Canada Clarifies and Expands Proposal for Equity Buyback Tax

In November 2022, we wrote about the federal government's proposal in the 2022 Fall Economic Statement to tax share buybacks by public corporations in our blog, Canada Proposes New Tax On Share Buybacks. At the time, few details…more

Canada, Corporate Taxes, Publicly-Traded Companies, Share Buybacks, Shareholders

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Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors—Online and IRL

Court Unveils Four-Part Harassment Lawsuit Test A bold Alberta Court of King's Bench decision, Alberta Health Services v Johnston, 2023 ABKB 209, declined to follow Ontario appellate authority on the issue and established the…more

Canada, Defamation, Digital Communications, Electronic Communications, Harassment

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Navigating the Legal Landscape of AI

Bennett Jones welcomed the opportunity to present a practical, opportunity and risk focused approach to the governance of Artificial Intelligence (AI) at the board level to the Institute of Corporate Directors. While AI is…more

Artificial Intelligence, Board of Directors, Canada, Cybersecurity, Innovative Technology

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BC Hydro 2024 Call to Power—Overview of Request for Proposal Documents

On June 15, 2023, the Government of British Columbia announced BC Hydro was proceeding with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale projects, notably…more

Canada, Clean Energy, Electricity, Energy Projects, Hydropower

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Supreme Court of Canada Denies Leave to Appeal in Intrusion upon Seclusion Trilogy

On July 13, 2023, the Supreme Court of Canada (SCC) denied leave to appeal from three Ontario Court of Appeal (ONCA) decisions declining to apply the tort of intrusion upon seclusion to database defendants—i.e., organizations…more

Canada, Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

See all updates »

Advertising and Marketing in Ontario's New iGaming Market: Update for Private Operators

The Alcohol and Gaming Commission of Ontario (AGCO) has announced new guidance for Internet gaming (iGaming) advertising and marketing, leading up to the launch of the province's new iGaming market on April 4, 2022…more

Advertising, Canada, Casinos, Gambling, Gaming

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Changes to Canadian Patent Law

On October 30, 2019, the final stage of the new Canadian Patent Law will come into force. There will be many changes to Canadian Patent Law and practice. …more

Canada, Corporate Counsel, Due Care, Intellectual Property Protection, New Rules

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Canada Extends Ban on Foreign Home Buyers to 2027

The Government of Canada has announced a two-year extension to an existing ban on foreign ownership of Canadian housing. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act) was set to expire at…more

Canada, Foreign Nationals, Home Buyer, Homeowners, New Legislation

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Canada's M&A Landscape Q1 2023: Keep Calm and Carry On

The general sentiment for prospective deal making in Canada at the end of Q1 2023 might best be described as restrained optimism, especially in comparison to 2021 and early 2022. Despite continued headwinds from various…more

Acquisitions, Canada, Global Economy, Investment, Investors

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Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5…more

Canada, Contaminated Properties, Environmental Liability, Environmental Litigation, Environmental Remediation Costs

See all updates »

Quebec Adopts New "Right to Repair" and Obsolescence Law

The Québec government recently adopted Bill 29, an Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (the Act), which introduces several substantive…more

Automotive Industry, Canada, Consumer Protection Act, Manufacturers, Merchants

See all updates »

Employment Standards Act to Require Licensing of Temporary Help Agencies: The New Regime at a Glance

As of January 1, 2024, the Employment Standards Act will require temporary help agencies to be licensed by the Ministry of Labour in order to operate. The Ontario government previously amended the Employment Standards Act in…more

Canada, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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Rule Changes In England and Wales Help Combat Fraud—Should Canada Follow?

The United Kingdom’s Civil Procedure Rule Committee recently approved methods of extra-jurisdictional service of Norwich-type information orders that could make it easier to pursue cross-border economic crime disputes in England…more

Banks, Canada, Customer Information, Fraud, Information Management

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Increasing Demand: Commercialization of Carbon Capture, Utilization and Storage (CCUS)

As demand for Carbon Capture, Utilization and Storage (CCUS) technology increases, energy producers across Canada can capitalize on emerging opportunities. Bennett Jones had the privilege of being named the Official Legal…more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Energy Projects, Energy Sector

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Amendments to Canada's Export Control List Take Effect May 1, 2020

On April 1, 2020, Global Affairs Canada published an Order Amending the Export Control List, SOR/2020-48. The Order updated the Export Control List, SOR/89-202 (ECL) to incorporate by reference an updated version of A Guide to…more

Canada, Export Controls, Exports

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Don't Let Caveats Mislead You: The Importance of Complying with Limitation Periods in Property Claims

In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property,…more

Canada, Foreclosure, Land Developers, Land Owners, Land Titles

See all updates »

Mining Interest in ATMs Spikes in Canada

Canadian mining issuers are showing an increased interest in at-the-market equity programs (ATMs) to access funding. Since July 2019, ATM offerings on Canadian exchanges worth well over $500 million have been announced in the…more

Canada, Canadian Securities Administration, Capital Raising, Corporate Issuers, Mineral Exploration

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You Can't Just Wait for LNG to Happen: Q&A with Christy Clark

Christy Clark worked tirelessly to create a new industry in LNG during her six-and-a-half years as Premier of British Columbia. She led the negotiations with industry, investors, Indigenous communities and the federal government…more

Canada, Energy Exploration, Energy Projects, Energy Sector, Exports

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What's Driving Vertical Farming in Canada?

Vertical farming is gaining momentum in Canada, driven in large part by changing consumer tastes, the need for greater sustainability and advanced technology…more

Agribusiness, Agricultural Sector, Canada, Farms, Food Manufacturers

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Don’t Walk Away! Landlord Remedies on Lease Repudiation

Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need (or at least want) to change the deal with…more

Canada, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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OSC Provides Guidance on “Necessary Course of Business” Exception to Prohibition Against Tipping

In a recent decision, Kraft (Re) (Kraft), the Ontario Capital Markets Tribunal (the Tribunal) articulated clear guidance with respect to the application of the necessary course of business (NCOB) exception to the prohibition…more

Board of Directors, Canada, Canadian Securities Administration, Capital Markets, Corporate Governance

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Clarity and Confusion: Updates to Canada's Guidance on Forced Labour Reporting Requirements

As businesses finalize their reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act) in advance of the May 31, 2024, statutory deadline, Public Safety Canada has updated its…more

Canada, Child Labor, Corporate Counsel, Corporate Liability, Corporate Social Responsibility

See all updates »

Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the…more

Canada, Disclosure Requirements, Employee Definition, Employees, Employer Liability Issues

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Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic…more

Canada, Drought, Groundwater, Water, Water Conservation

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Ready to Rebound: Canada's 2024 M&A Landscape

While Canadian M&A activity continued to lag in 2023 as compared to 2021 and early 2022 in terms of transaction value and volume, as reflected in a significant downturn in exits in Q3, there remain a number of reasons for…more

Acquisitions, Canada, Energy Projects, Energy Sector, Investment

See all updates »

Impacts of Canada and Australia Collaboration on Critical Minerals

Despite challenging capital markets for mining companies, the PDAC conference saw relative enthusiasm and optimism amongst its attendees. One area of particular focus for governments remains efforts to encourage investment in…more

Australia, Canada, Critical Infrastructure Sectors, Environmental Social & Governance (ESG), Foreign Investment

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Federal Government to Significantly Overhaul the Competition Act

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (Bill…more

Acquisitions, Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada

See all updates »

New CSA Exemption Relating to Proxy Requirements For Uncontested Director Elections

Clarity for CBCA Incorporated Reporting Issuers On January 31, 2023, the Canadian Securities Administrators (CSA) published an exemption (the Exemption) for reporting issuers incorporated under the Canada Business Corporations…more

Board of Directors, Canada, Canadian Securities Administration, Disclosure Requirements, Proxy Season

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Is Pricing All That Matters When Borrowing?

For many borrowers, pricing is the most significant factor when deciding on a lender. If you are borrowing from a mid-market lender (MML), it is more than likely that the deal will be papered on that MML's standard form…more

Banking Sector, Banks, Canada, Creditors, Debtors

See all updates »

Alternative Financing for Oil and Gas Producers: The Securitization of Oil and Gas Assets

Oil and gas producers in Canada have historically relied predominately on reserve based lending arrangements from institutional credit providers for production and operating liquidity. Prolonged economic uncertainty, commodity…more

Asset-Backed Securities, Canada, Corporate Financing, Energy Projects, Energy Sector

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Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence…more

Canada, Evidence, Intellectual Property Protection, Law Firm Partners, Online Platforms

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Federal Government Introduces Cybersecurity Legislation to Protect Critical Infrastructure

On June 14, 2022, federal Public Safety Minister Marco Mendicino introduced Bill C-26, An Act Respecting Cyber Security (ARCS). Intended to strengthen cybersecurity of vital services and vital systems, this proposed legislation…more

Canada, Critical Infrastructure Sectors, Cybersecurity, Data Privacy, Data Protection

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Navigating the Legal Landscape of AI

Bennett Jones welcomed the opportunity to present a practical, opportunity and risk focused approach to the governance of Artificial Intelligence (AI) at the board level to the Institute of Corporate Directors. While AI is…more

Artificial Intelligence, Board of Directors, Canada, Cybersecurity, Innovative Technology

See all updates »

Federal Government to Significantly Overhaul the Competition Act

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (Bill…more

Acquisitions, Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada

See all updates »

New Legislation Will Require Money Services Businesses in British Columbia to Register

In June 2022, we summarized the key recommendations that came out of the Final Report of the Cullen Commission in our blog, The Cullen Commission Releases Its Final Report on Money Laundering in British Columbia—Key Takeaways…more

Banking Sector, Banks, Canada, Financial Institutions, Financial Services Industry

See all updates »

Canadian Ombudsperson for Responsible Enterprise Publishes First Final Investigation Report

On March 26, 2024, the Canadian Ombudsperson for Responsible Enterprise (CORE) published a final report on its investigation into allegations that a Canadian mining company, Dynasty Gold Corporation (Dynasty), operating in…more

Canada, Corporate Governance, Corporate Liability, Corporate Social Responsibility, Forced Labor

See all updates »

COVID-19 Medical Devices: Fast-Tracking Authorizations

As a result of the COVID-19 pandemic, protective medical equipment including masks and gowns, and medical devices for use in testing and treating COVID-19 patients are in high demand. Manufacturers of these medical devices are…more

Canada, Coronavirus/COVID-19, Health Canada, Medical Devices, Personal Protective Equipment

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Bennett Jones Fall 2022 Economic Outlook: Managing Risks and Taking Action

Renowned U.S. economist Larry Summers said last October that “we’ve got the most complex, disparate, and cross-cutting set of challenges that I think I can remember in the 40 years I’ve been following this stuff.” This will…more

Canada, Economic Development, Economic Downturn, Economic Growth, Global Economy

See all updates »

Quebec Adopts New "Right to Repair" and Obsolescence Law

The Québec government recently adopted Bill 29, an Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (the Act), which introduces several substantive…more

Automotive Industry, Canada, Consumer Protection Act, Manufacturers, Merchants

See all updates »

Canadian Ombudsperson for Responsible Enterprise Publishes First Final Investigation Report

On March 26, 2024, the Canadian Ombudsperson for Responsible Enterprise (CORE) published a final report on its investigation into allegations that a Canadian mining company, Dynasty Gold Corporation (Dynasty), operating in…more

Canada, Corporate Governance, Corporate Liability, Corporate Social Responsibility, Forced Labor

See all updates »

Bennett Jones Fall 2022 Economic Outlook: Managing Risks and Taking Action

Renowned U.S. economist Larry Summers said last October that “we’ve got the most complex, disparate, and cross-cutting set of challenges that I think I can remember in the 40 years I’ve been following this stuff.” This will…more

Canada, Economic Development, Economic Downturn, Economic Growth, Global Economy

See all updates »

Government of Canada Issues Updated Guidance on National Security Review of Investments

On March 24, 2021 the Government of Canada released updated Guidelines on the National Security Review of Investments under the Investment Canada Act. The Guidelines provide a non-exhaustive list of factors the government will…more

Acquisitions, Canada, Foreign Acquisitions, Foreign Investment, Investment Canada Act

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Capital Markets Tribunal Keeps High Bar to Establish Improper Defensive Private Placement

On March 11, 2024, the Ontario Capital Markets Tribunal (Tribunal) released its reasons for dismissing Mithaq Capital Inc.'s (Mithaq) application on December 14, 2023, to cease trade a private placement that Aimia Inc. (Aimia)…more

Board of Directors, Canada, Canadian Securities Administration, Capital Markets, Shareholders

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Discontinuance of a Class Action: A New Approach to Multijurisdictional National Settlements in Québec?

Parallel class actions filed in multiple provincial jurisdictions are a common feature in Canadian class action litigation that often frustrate one of the very purposes of class proceedings—to support judicial economy…more

Canada, Class Action, Class Action Settlement, Jurisdiction, Litigation Strategies

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Double Vision: Alberta Court of Appeal Confirms Double Costs Follow Formal Offer in Interlocutory Appeal

​​​​​​​Awarding double costs on appeals following a formal offer to settle encourages parties to resolve claims quickly among themselves and at the least expense, the Alberta Court of Appeal recently confirmed in Mostafa…more

Appeals, Canada, Commercial Litigation, Double Damages, Interlocutory Appeals

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B.C. $1-Billion First Nations Equity Financing Framework

After much anticipation, on February 22, 2024, British Columbia announced its intention to create a First Nations Equity Financing Framework (Framework) as part of its latest budget and fiscal plan. The Framework aligns with its…more

Canada, Equity Investors, Financial Services Industry, Financing, First Nations

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Continuation Funds: ILPA Updated Guidance

The Institutional Limited Partner Association (ILPA) published new guidance on May 15, 2023, relating to continuation funds. The guidelines build on ILPA's prior (2019) guidance on best practices for GP-led secondary fund…more

Canada, Investment Adviser, Investment Funds, Investment Management, Investors

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CSA Proposes to Expand Diversity Disclosure

The Canadian Securities Administrators (CSA) are currently seeking public comment on proposed amendments and changes to the disclosure requirements for reporting issuers not listed on the TSX Venture Exchange or the Canadian…more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements

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Ontario iGaming: New Amendments that Restrict Advertising and Marketing Activities

On August 29, 2023, the Alcohol and Gaming Commission of Ontario (AGCO) announced amendments to its Standards for Internet Gaming (Standards) and released further guidance on its implementation on February 8, 2024. These…more

Advertising to Minors, Canada, Celebrities, Celebrity Endorsements, Endorsements

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Supreme Court of Canada Denies Leave to Appeal in Intrusion upon Seclusion Trilogy

On July 13, 2023, the Supreme Court of Canada (SCC) denied leave to appeal from three Ontario Court of Appeal (ONCA) decisions declining to apply the tort of intrusion upon seclusion to database defendants—i.e., organizations…more

Canada, Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2

In this follow-up blog, we explore the intricacies of artificial intelligence (AI) patents in the AgTech and Agribusiness industry, highlighting significant hurdles and strategic considerations essential to keep front of mind…more

Agribusiness, Agricultural Sector, Artificial Intelligence, Canada, Intellectual Property Protection

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CSA Announce Amendments to Accredited Investor, Minimum Amount and Short-Term Debt Prospectus Exemption Rules

On February 19, 2015, the Canadian Securities Administrators (CSA) announced amendments to National Instrument 45-106 Prospectus and Registration Exemptions (NI 45-106), which are expected to come into force this spring…more

Accredited Investors, Canada, Canadian Securities Administration, Funding, Investors

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Updates to COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses

As described in our initial blog post, COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses, published on April 8 and our update posts, published on April 16, April 24 and May 22, the Canadian federal government…more

Canada, Coronavirus/COVID-19, Public Health Emergency, Relief Measures

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Securities Regulators Provide Guidance for AGMs During COVID-19 Outbreak

As discussed in our earlier update, COVID-19 and Annual Shareholder Meetings, many issuers are reconsidering certain elements of their upcoming annual shareholders meeting (AGM). The regulatory reaction to this trend has become…more

Annual Meeting, Canadian Securities Administration, Coronavirus/COVID-19, Corporate Governance

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Ontario Superior Court Refuses to Enforce Crypto Giant’s "All-but-inaccessible" Arbitration Clause

In Lochan v Binance Holdings Limited, 2023 ONSC 6714 (Binance), the Ontario Superior Court dismissed a motion brought by Binance Holdings Limited (Binance), the world’s largest crypto trading platform, to stay a proposed class…more

Arbitration, Arbitration Agreements, Canada, Crypto Exchanges, Cryptoassets

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Certification Denied in Proposed Class Proceeding Against Gun Manufacturer for Mass Shooting

An Ontario Superior Court Judge has refused to certify a class action against the manufacturer of the handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto. The plaintiffs brought their claim on behalf…more

Canada, Civil Liability, Firearms, Gun Laws, Gun Manufacturers

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Self-Induced Urgency Is Not “Urgent"

"Self-induced urgency is not “urgent”." That was the opening line, and the ultimate decision from Hon. Justice Myers in Nicholas v Ogniewicz, 2021 ONSC 4442. The case involved an application by the purchaser for a one-hour…more

Canada, Coronavirus/COVID-19, Real Estate Development, Real Estate Investments, Real Estate Market

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Supreme Court of Canada Rules Impact Assessment Act Unconstitutional

The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional…more

Canada, Federal Jurisdiction, Federal Land, Public Improvement Projects, Public Projects

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What's Done is Done: Alberta Court of Appeal Declines to Unwind Arrangement Transaction Despite Errors

​​​​​​​Despite finding a clear error resulting in warrant holders being deprived of meeting and voting rights under a court-approved plan of arrangement, the Alberta Court of Appeal declined to grant relief and unwind the…more

Acquisitions, Board of Directors, Canada, Mining, Publicly-Traded Companies

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[Webinar] AI Insights: Foundations - April 23rd, 10:00 am - 1:00 pm MT

Our goal is to cut through the hype and noise, while zeroing in on how AI and its evolving regulation will impact your business, your competitors and the markets in which you operate…more

Artificial Intelligence, Board Members, Business Operations, Business Opportunities, Business Strategies

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Hydro-Québec Selects 8 Wind Farms Projects Following its 2023 Call for Tenders

According to its Electricity Supply Plan 2023-2032 submitted to the Régie de l'énergie at the end of 2022, Hydro-Québec expects growth in electricity demand to continue in Quebec in the next decade by an additional 25…more

Canada, Clean Energy, Electricity, Energy Projects, Hydropower

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Growing From Here: Alberta Food, Beverage and Agribusiness on Display

The 2022 Growing From Here Summit (GFHS) recently took place in Nisku, Alberta, bringing together agriculture and food businesses, government and stakeholders to learn from experts and champion regional growth in Leduc County…more

Agricultural Sector, Canada, Entrepreneurs, Food Supply, Health Canada

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Spring Has Sprung in Alberta With New Agri-Processing Tax Credit

Alberta is launching a new agri-processing tax credit in Spring 2023 to attract new large-scale investment to the sector and expand opportunities for primary producers…more

Agribusiness, Agricultural Sector, Canada, Corporate Taxes, Farms

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Stoneway: Use of the CBCA as a Cross-Border Restructuring Tool

In May 2022, the Canada Business Corporations Act (CBCA) was used to implement a cross-border and international restructuring of a group of companies (collectively known as Stoneway),1 whose principal business is the operation…more

Bankruptcy Code, Canada, Chapter 11, Corporate Counsel, Corporate Governance

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A New Test for Injunctions Against Defamation in British Columbia

Yu v 16 Pet Food & Supplies Inc., 2023 BCCA 397 (16 Pet Food), establishes a new test for pre-trial injunctions against defamatory speech in British Columbia…more

Canada, Cease and Desist, Defamation, Former Employee, Free Speech

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Bill 82—Laying the Groundwork for Alberta's Future as a Mineral Producer

Demand for rare earth and critical minerals like lithium, uranium, nickel and vanadium is growing worldwide. Recently, the government of Alberta has taken steps to position the province as a contributor to this emerging global…more

Canada, Mineral Exploration, Mineral Extraction, Mineral Leases, Minerals

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OSC Provides Guidance on “Necessary Course of Business” Exception to Prohibition Against Tipping

In a recent decision, Kraft (Re) (Kraft), the Ontario Capital Markets Tribunal (the Tribunal) articulated clear guidance with respect to the application of the necessary course of business (NCOB) exception to the prohibition…more

Board of Directors, Canada, Canadian Securities Administration, Capital Markets, Corporate Governance

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Ontario Introduces Amendments to Support a Permanent Framework for Target Benefit Pension Plans

On March 26, 2024, the Ontario government published their 2024 Budget, in which it was announced that draft regulations to Ontario’s Pension Benefits Act (PBA) would be introduced for review in the summer of 2024, with the…more

Canada, Employee Benefits, Human Resources Professionals, Pension Benefits Act, Pension Funds

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Tackling Foreign Regulatory Barriers—International Avenues

Canadian exporters in various sectors sometimes face barriers created by foreign laws, regulations or their interpretation. The vast majority of impediments take the form of product regulatory requirements such as product…more

Canada, Cross-Border Transactions, Export Controls, Exports, Imports

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Police Amendment Act Proposes Significant Reforms

The first major reform of Alberta's policing act in over 30 years received royal assent on December 15, 2022. When brought into force, the Police Amendment Act, 2022 , among other things, will champion a "policing-by-consent"…more

Canada, First Nations, Law Enforcement, Police, Police Power

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Show Me the Money! British Columbia’s Money Judgement Enforcement Act

A legal system cannot adequately function without providing an effective mechanism for litigants to acquire their monetary judgements. The legislative methods employed in British Columbia to enforce money judgements have been…more

Canada, Civil Monetary Penalty, Creditors, Debtors, Money Judgment

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Closing Down the Condo: When Developers Want In and Owners Want Out

It is becoming more common for condominium owners to consider terminating a condominium in order to recover capital and (potentially) make a profit. In this post, we address some of the key points that condominium owners,…more

Canada, Condominium Associations, Condominium Corporation, Condominiums, Housing Developers

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But It’s "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a price,…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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The “Modest” Role of Public Corrections in Secondary Market Misrepresentation Claims

The Ontario Court of Appeal recently released its decision in Baldwin v Imperial Metals Corporation, 2021 ONCA 838 [Imperial Metals] and provided additional guidance on the role public correction plays in secondary market…more

Canada, Energy Sector, Misrepresentation, Omissions, Securities

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Canadian Securities Regulators Propose Permanent Expedited Well-Known Seasoned Issuer Program

On September 21, 2023, the Canada Securities Administrators (CSA) published a notice and request for comment regarding proposed amendments to National Instrument 44-102—Shelf Distributions (NI 44-102) and other securities law…more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

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Booming Venture Capital Investment in Generative AI: Considerations for Investors and Companies

Generative AI is taking the venture capital world by storm. Despite the slump in overall VC funding, investor interest in AI is intensifying. PitchBook notes that "in the world of startup valuations, there's generative AI—and…more

Artificial Intelligence, Canada, Environmental Social & Governance (ESG), Green Finance, Investment

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Canada's Underused Housing Tax: What You Need to Know Before May 1, 2023

What Is the Underused Housing Tax and Why does It Matter? The federal government's Underused Housing Tax Act1 (the Act) and the associated Underused Housing Tax Regulations2 (the Regulations) both took effect on January 1, 2022…more

Canada, Canada Revenue Agency (CRA), Homeowners, New Legislation, Real Estate Investments

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Beyond Serious Prejudice: The BCCA Establishes a New Test to Dismiss for Want of Prosecution

Not infrequently, a plaintiff loses interest in pursuing litigation without being willing to discontinue or settle, or starts litigation to preserve a limitation period without being committed to pursue it. Rule 22-7(7) of the…more

Canada, Dismissals, Supreme Court of British Columbia, Voluntary Dismissals

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Government of Canada Unveils Details Regarding New Federal Indigenous Loan Guarantee Program

On April 16, 2024, the Canadian Government released the 2024 federal budget, including details on the much-anticipated federal Indigenous Loan Guarantee Program (ILG Program). First announced in the government's 2023 Fall…more

Aboriginal Issues, Canada, Federal Budget, Federal Loans, Loans

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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA…more

Canada, Claims Limitations Period, Environmental Policies, Oil & Gas, Oil Spills

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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA…more

Canada, Claims Limitations Period, Environmental Policies, Oil & Gas, Oil Spills

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Young Women in Energy Summit: Diversification of the Energy Sector

The 2024 Young Women in Energy (YWE) Summit took place in stunning Kananaskis at the beginning of March, where women from across Canada gathered to discuss the diversification, decarbonization and digitization of the…more

Canada, Diversity, Diversity and Inclusion Standards (D&I), Energy Sector

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Delaware Courts Confirm High Standard for Breach of Oversight Duty Applies Equally to Officers and Directors

In the United States, corporate directors and, as confirmed by the Delaware Court in McDonald’s Corp. Stockholder Derivative Litigation (McDonald), corporate officers owe, as a subset of their duty of loyalty, a duty to monitor…more

Board of Directors, Breach of Duty, Canada, Caremark claim, Corporate Officers

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"Small Claims" Get Bigger—Increases to Monetary Limit for Small Claims in Alberta Will Impact Wrongful Dismissal Litigation

In December 2022, the Alberta legislature passed a bill allowing for an increase to the limit on civil claims in the Alberta Court of Justice (formerly, the Provincial Court of Alberta and sometimes referred to as "small claims…more

Canada, Civil Claims, Claim Limitations, Employees, Employer Liability Issues

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Navigating the Legal Landscape of AI

Bennett Jones welcomed the opportunity to present a practical, opportunity and risk focused approach to the governance of Artificial Intelligence (AI) at the board level to the Institute of Corporate Directors. While AI is…more

Artificial Intelligence, Board of Directors, Canada, Cybersecurity, Innovative Technology

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Young Women in Energy Summit: Diversification of the Energy Sector

The 2024 Young Women in Energy (YWE) Summit took place in stunning Kananaskis at the beginning of March, where women from across Canada gathered to discuss the diversification, decarbonization and digitization of the…more

Canada, Diversity, Diversity and Inclusion Standards (D&I), Energy Sector

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Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence…more

Canada, Evidence, Intellectual Property Protection, Law Firm Partners, Online Platforms

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Bennett Jones Fall 2022 Economic Outlook: Managing Risks and Taking Action

Renowned U.S. economist Larry Summers said last October that “we’ve got the most complex, disparate, and cross-cutting set of challenges that I think I can remember in the 40 years I’ve been following this stuff.” This will…more

Canada, Economic Development, Economic Downturn, Economic Growth, Global Economy

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CBSA Proposes "Last Sale" Rule for Customs Valuation

The Canada Border Services Agency (CBSA) is proposing to fundamentally change Canadian customs valuation rules in draft amendments to the Valuation for Duty Regulations, (SOR/86-792) (VFD Regulations) published on May 27, 2023…more

Canada, CBSA, Customs, Importers, Imports

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Updated B.C. Transparency Register Requirements

Effective October 1, 2020, all private companies incorporated under the Business Corporations Act (British Columbia) (BCBCA) will be required to maintain a transparency register disclosing certain prescribed information about…more

Canada, Corporate Governance, Proposed Legislation, Publicly-Traded Companies, Transparency

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Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2

In this follow-up blog, we explore the intricacies of artificial intelligence (AI) patents in the AgTech and Agribusiness industry, highlighting significant hurdles and strategic considerations essential to keep front of mind…more

Agribusiness, Agricultural Sector, Artificial Intelligence, Canada, Intellectual Property Protection

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Fintech in Canada Q1 2024

As we highlighted in our last quarterly Fintech update in 2023, a new regulatory framework under the Retail Payments Activities Act (RPAA) will soon affect all retail payment service providers (PSPs) doing business in Canada…more

Banking Sector, Canada, Canadian Securities Administration, Crypto Exchanges, Cryptoassets

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Alberta’s Long-Awaited Electricity Statutes (Modernizing Alberta's Electricity Grid) Amendment Act is Proclaimed

Nearly two years after receiving Royal Assent, the Government of Alberta proclaimed the Electricity Statutes (Modernizing Alberta’s Electricity Grid) Amendment Act (the Act) on March 6, 2024. The Act, formerly Bill 22, received…more

Canada, Electricity, Energy Policy, Energy Sector, Renewable Energy

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Impacts of Canada and Australia Collaboration on Critical Minerals

Despite challenging capital markets for mining companies, the PDAC conference saw relative enthusiasm and optimism amongst its attendees. One area of particular focus for governments remains efforts to encourage investment in…more

Australia, Canada, Critical Infrastructure Sectors, Environmental Social & Governance (ESG), Foreign Investment

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Federal Review of Environmental and Regulatory Processes Underway

Proposed Amendments to the Fisheries Act - On February 6, 2018, the Federal Government introduced amendments to the Fisheries Act aimed at enhancing protection to fish and fish habitat. The proposed amendments form part of a…more

Amended Regulation, Canada, Critical Habitat, Environmental Review, Fisheries Act

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A New Test for Injunctions Against Defamation in British Columbia

Yu v 16 Pet Food & Supplies Inc., 2023 BCCA 397 (16 Pet Food), establishes a new test for pre-trial injunctions against defamatory speech in British Columbia…more

Canada, Cease and Desist, Defamation, Former Employee, Free Speech

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Alberta's Role in the Pathway to Net-Zero

The Energy Disruptors: Unite 2022 (EDU) conference took place in Calgary recently, bringing together trailblazing "disruptors", ranging from industry leaders to institutional investors to award winning journalists and…more

Canada, Carbon Emissions, Climate Action Plan, Climate Change, Energy Policy

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Capital Markets Tribunal Keeps High Bar to Establish Improper Defensive Private Placement

On March 11, 2024, the Ontario Capital Markets Tribunal (Tribunal) released its reasons for dismissing Mithaq Capital Inc.'s (Mithaq) application on December 14, 2023, to cease trade a private placement that Aimia Inc. (Aimia)…more

Board of Directors, Canada, Canadian Securities Administration, Capital Markets, Shareholders

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Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors—Online and IRL

Court Unveils Four-Part Harassment Lawsuit Test A bold Alberta Court of King's Bench decision, Alberta Health Services v Johnston, 2023 ABKB 209, declined to follow Ontario appellate authority on the issue and established the…more

Canada, Defamation, Digital Communications, Electronic Communications, Harassment

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Employee Ownership Trusts—Improved Tax Incentives Announced

The Canadian Department of Finance introduced draft legislation in the 2023 Canadian Federal Budget (Budget 2023) to create employee ownership trusts (EOTs) to facilitate the transfer of a business to the employees of the…more

Business Ownership, Business Taxes, Business Transfer Agreements, Canada, Corporate Taxes

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Tax Court of Canada Update

Fast Tracking to Normal - Chief Justice Rossiter and Associate Chief Justice Lamarre of the Tax Court of Canada provided an update on the resumption of operations of the Tax Court to the members of the Canadian Bar…more

Canada, Tax Court

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Mutual Fund Dealers Association of Canada Announces Amalgamation with Investment Industry Regulatory Organization of Canada

On September 29, 2022, the members of the Mutual Fund Dealers Association of Canada (MFDA) and of the Investment Industry Regulatory Organization of Canada (IIROC) announced that they have approved the amalgamation of their…more

Broker-Dealer, Canada, Financial Regulatory Reform, Investment, Investment Companies

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Changes to the Alberta Partnership Act Now in Effect

As of June 1, 2021, Alberta's Partnership Act (the Act) was amended to help reduce red tape attached to several administrative requirements of limited partnerships. These amendments better align the Act with the more streamlined…more

Business Entities, Business Formation, Canada, Choice of Entity, Consumer Protection Laws

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Canada Extends Ban on Foreign Home Buyers to 2027

The Government of Canada has announced a two-year extension to an existing ban on foreign ownership of Canadian housing. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act) was set to expire at…more

Canada, Foreign Nationals, Home Buyer, Homeowners, New Legislation

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Alberta Court Skewers Gibberish Legal Arguments

The Courts are taking a bold stand. In a decision that will no doubt have significant ramifications for businesses, governments, and the litigation bar across Canada, Associate Chief Justice Rooke of the Alberta Court of…more

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The Financial Innovation Act: Regulations and Coming Into Force July 1, 2022

On June 7, 2022, the Government of Alberta published Order in Council 200/2022, under which the Lieutenant Governor in Council ordered that the Financial Innovation Act, SA 2022 c F-13 (FIA) be proclaimed into force on July 1,…more

Canada, Consumer Financial Products, Financial Instruments, Financial Services Industry, FinTech

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What’s Hot and What’s Not in Canadian Venture Capital Funding

Key Findings - - U.S. investors show strong and sustained interest - Canadian government-backed funds lead domestic investment - Non-dilutive funding emerges as a dominant force - Majority of investments are in…more

Canada, Investment, Investment Funds, Investors, Life Sciences

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Soft Opening of Pay Transparency in British Columbia

In the same year that Claudia Goldin's research on women's progress in the workforce earned a Nobel Prize, British Columbia introduces pay transparency legislation…more

Canada, Equal Pay, Gender Equity, Gender-Based Pay Discrimination, Human Resources Professionals

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Young Women in Energy Summit: Diversification of the Energy Sector

The 2024 Young Women in Energy (YWE) Summit took place in stunning Kananaskis at the beginning of March, where women from across Canada gathered to discuss the diversification, decarbonization and digitization of the…more

Canada, Diversity, Diversity and Inclusion Standards (D&I), Energy Sector

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Greater Flexibility for Reporting Issuers: Access Equals Delivery

As an update to our blog post dated April 19, 2022, on January 11, 2024, the Canadian Securities Administration (CSA) published amendments implementing an "Access Equals Delivery" model (AED Model) to generally permit electronic…more

Canada, Canadian Securities Administration, Investment, Investors, Prospectus

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BC Hydro 2024 Call to Power—Overview of Draft Documents

On June 15, 2023, the Government of British Columbia announced that BC Hydro would be moving forward with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale…more

Canada, Clean Energy, Energy Projects, Energy Sector, Infrastructure

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Staying the Course: Courts Will Not Hear Stayed Actions

In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position…more

Appeals, Beneficiaries, Canada, Dismissals, Inter Vivos Gifts

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A New Chapter in Canada Ukraine Free Trade Opens with Modernized CUFTA

On March 19, 2024, Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine (the New CUFTA) received royal assent, introducing a modernized version of the Canada-Ukraine Free Trade Agreement…more

Canada, Economic Sanctions, Export Controls, Financial Transactions, Foreign Policy

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Federal Government to Significantly Overhaul the Competition Act

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (Bill…more

Acquisitions, Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada

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Canada's M&A Landscape Q1 2023: Keep Calm and Carry On

The general sentiment for prospective deal making in Canada at the end of Q1 2023 might best be described as restrained optimism, especially in comparison to 2021 and early 2022. Despite continued headwinds from various…more

Acquisitions, Canada, Global Economy, Investment, Investors

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Staying the Course: Courts Will Not Hear Stayed Actions

In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position…more

Appeals, Beneficiaries, Canada, Dismissals, Inter Vivos Gifts

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Stakeholder Consultation on Food Labeling

Health Canada and the Canadian Food Inspection Agency (CFIA) are currently seeking feedback on the development of voluntary guidance for providing information for foods that are sold to consumers through e-commerce. While the…more

Canada, Comment Period, E-Commerce, Food Labeling, Food Manufacturers

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New Funding for Proptech in Canada's 2024 Budget

Canada's federal government is turning to property technology (Proptech) to help solve the country's housing crisis. In the just-released 2024 Budget, new funding was announced to spur the development of new housing technologies…more

Canada, Critical Infrastructure Sectors, Federal Budget, Housing Developers, Housing Market

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Canada's M&A Landscape Q3 2023: Special Edition on Energy

In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity in Canada's energy sector and what the key takeaways from WPC might tell us about what's to come…more

Acquisitions, Canada, Energy Sector, Investment, Investment Adviser

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Government of Canada Unveils Details Regarding New Federal Indigenous Loan Guarantee Program

On April 16, 2024, the Canadian Government released the 2024 federal budget, including details on the much-anticipated federal Indigenous Loan Guarantee Program (ILG Program). First announced in the government's 2023 Fall…more

Aboriginal Issues, Canada, Federal Budget, Federal Loans, Loans

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Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid…more

Canada, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Employment Policies

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Seller Beware: Ontario Court of Appeal on Requirements to Exclude Statutory Warranties and Conditions

The Ontario Court of Appeal recently released Pine Valley Enterprises Inc v Earthco Soil Mixtures Inc [Pine Valley], which reminds businesses that all sales of goods are subject to warranties and conditions under the Sale of…more

Appeals, Breach of Contract, Breach of Implied Contract, Canada, Contract Terms

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What to Expect in Beauty Industry M&A

Deal-makers in Canada remain cautiously optimistic about M&A activity. The beauty industry presents an abundance of prospects for sophisticated Canadian investors and acquirers to pursue quality cross-border and international…more

Acquisitions, Canada, Cosmetics, Cross-Border, Foreign Investment

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Ontario Passes Bill 97, Advancing the Province's Ambitious Housing Supply Action Plan for Homebuyers

On June 8, 2023, Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) received royal assent. Bill 97 was initially introduced April 6, 2023 as part of Ontario's Helping Homebuyers, Protecting Tenants housing…more

Canada, Home Buyer, Homeowners, Land Developers, Real Estate Development

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Budget 2024 Provides Additional Details for the Clean Electricity ITC and Adds Another ITC for Electric

In Budget 2024, the Government of Canada continued their drive to implement government incentives aimed at decarbonizing the economy through providing further clarification and design details for the Clean Electricity investment…more

Canada, Clean Energy, Clean Tech, Electric Vehicles, Electricity

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Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

Competition Bureau Publishes Related Enforcement Guidelines Canada's new criminal prohibition on wage-fixing and no-poaching agreements will come into force on June 23, 2023. These new provisions under subsection 45(1.1) of the…more

Canada, Competition, Competition Act, Employee Mobility, Employees

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Age 65 Cut-Off for Long-Term Disability Benefits Coverage Not a Charter Violation

In Rayonier v Unifor, Locals 256 and 89 arbitrator Paula Knopf dismissed a union policy grievance which alleged that an age 65 cut-off for long-term disability (LTD) benefits coverage under the parties' collective bargaining…more

Canada, Employee Benefits, Employer Liability Issues, Human Resources Professionals, Long Term Disability Insurance

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Defending Against Ransomware: OSFI Updated Advisory on Cyber Incident Reporting

Ransomware continues to present an increasing risk to all organizations. Ransomware attacks can involve the installation of malicious software designed to block access to computer systems and/or steal data, and a corresponding…more

Canada, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Supreme Court of Canada Denies Leave to Appeal in Intrusion upon Seclusion Trilogy

On July 13, 2023, the Supreme Court of Canada (SCC) denied leave to appeal from three Ontario Court of Appeal (ONCA) decisions declining to apply the tort of intrusion upon seclusion to database defendants—i.e., organizations…more

Canada, Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Bennett Jones Fall 2022 Economic Outlook: Managing Risks and Taking Action

Renowned U.S. economist Larry Summers said last October that “we’ve got the most complex, disparate, and cross-cutting set of challenges that I think I can remember in the 40 years I’ve been following this stuff.” This will…more

Canada, Economic Development, Economic Downturn, Economic Growth, Global Economy

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BC Hydro 2024 Call to Power—Overview of Request for Proposal Documents

On June 15, 2023, the Government of British Columbia announced BC Hydro was proceeding with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale projects, notably…more

Canada, Clean Energy, Electricity, Energy Projects, Hydropower

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Pathways to Prosperity: Exploring Indigenous Participation in Major Energy Projects

On February 15, 2024, Bennett Jones' Calgary office welcomed nearly 80 project stakeholders and industry leaders—with hundreds more tuning in online—to talk about Synergy in Energy: Building Effective Indigenous Partnerships…more

Canada, Energy Projects, Energy Sector, First Nations, Land-Use Permits

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COVID-19 and Annual Shareholder Meetings

As a result of measures designed to limit the spread of COVID-19, Canadian public companies are reconsidering typical approaches to annual meetings of shareholders. Many public companies are deciding to hold virtual or hybrid…more

Annual Meeting, Canada, Coronavirus/COVID-19, Shareholder Meetings, Shareholders

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Stay Here or There? Recent Direction from the Québec Court of Appeal on Stays in Proposed Parallel Class

The Québec Court of Appeal recently released a decision in Micron Technology Inc. c Hazan, 2020 QCCA 1104, that could have important implications for defendants seeking to have proposed class proceedings in Québec courts stayed…more

Canada, First-to-File, Patent Applications, Patent Reform, Patents

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Canadian Sustainability Standards Board Announces Proposed Sustainability Disclosure Standards

On March 13, 2024, the Canadian Sustainability Standards Board (CSSB) released exposure drafts of its first two proposed Canadian Sustainability Disclosure Standards (Proposed Standards). The Proposed Standards are based on the…more

Canada, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Alberta Law Reform Commission on Obligations to Step-Children

The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta…more

Canada, Dependents, Estate Planning, Executors, Guardians

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Soft Opening of Pay Transparency in British Columbia

In the same year that Claudia Goldin's research on women's progress in the workforce earned a Nobel Prize, British Columbia introduces pay transparency legislation…more

Canada, Equal Pay, Gender Equity, Gender-Based Pay Discrimination, Human Resources Professionals

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A New Chapter in Canada Ukraine Free Trade Opens with Modernized CUFTA

On March 19, 2024, Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine (the New CUFTA) received royal assent, introducing a modernized version of the Canada-Ukraine Free Trade Agreement…more

Canada, Economic Sanctions, Export Controls, Financial Transactions, Foreign Policy

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Industrial Property in Alberta: Considerations for Purchase and Lease

The industrial real estate sectors in Calgary and specifically, Rocky View County, and Edmonton, have experienced a consistent demand for both purchase and lease transactions over the past several years. This is driven by a…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an…more

Arbitration, Arbitration Awards, Canada, Coronavirus/COVID-19, Employer Liability Issues

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Canadian Sustainability Standards Board Announces Proposed Sustainability Disclosure Standards

On March 13, 2024, the Canadian Sustainability Standards Board (CSSB) released exposure drafts of its first two proposed Canadian Sustainability Disclosure Standards (Proposed Standards). The Proposed Standards are based on the…more

Canada, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Special Committees: Frequently Asked Questions

Special committees have evolved as a key corporate governance mechanism to assist boards of directors in discharging their fiduciary duties. Applicable securities laws mandate the use of special committees in connection with…more

Board of Directors, C-Suite Executives, Canada, Corporate Executive Boards, Corporate Governance

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Income Tax Update from the Supreme Court of Canada: The GAAR Does Not Apply to Treaty Shopping

The Duke of Westminster Principle Still Lives On for Tax Planning - On November 26, 2021, the Supreme Court of Canada released its decision and reasons in Her Majesty the Queen and Alta Energy Luxembourg S.A.R.L., 2021 SCC…more

Anti-Avoidance, Canada, Income Taxes, Supreme Court of Canada, Tax Avoidance

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Separate Corporate Personality Remains Alive and Well in Alberta

Separate corporate personality is not a loophole or technicality, but is an essential principle of corporate law, the Alberta Court of Appeal recently reiterated in Condominium Corporation No. 0828219 v Carrington Holdings Ltd.,…more

Board of Directors, Canada, Construction Project, Corporate Governance, Parent Corporation

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Incentivizing Employees: Avoiding a Salary Deferral Arrangement

Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the…more

Canada, Compensation, Compensation & Benefits, Deferred Compensation, Human Resources Professionals

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The Supreme Court of Canada Renders its Decision in Abrametz

Key Highlights - - The SCC has concluded that, unlike in criminal proceedings, delay alone will not constitute an abuse of process warranting a stay in administrative proceedings. - Short of a stay of proceedings, the SCC…more

Abuse of Process, Administrative Proceedings, Canada, Delays, Supreme Court of Canada

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Proposed Sweeping Changes to Alberta's Occupational Health and Safety Act

Bill 47: Ensuring Safety and Cutting Red Tape Act, 2020 was introduced in the Alberta Legislature on November 5, 2020, and, if passed, will come into force on September 1, 2021. Among other things, Bill 47 comprehensively…more

Canada, Employee Definition, Employees, Employer Liability Issues, Employment Litigation

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A New Test for Injunctions Against Defamation in British Columbia

Yu v 16 Pet Food & Supplies Inc., 2023 BCCA 397 (16 Pet Food), establishes a new test for pre-trial injunctions against defamatory speech in British Columbia…more

Canada, Cease and Desist, Defamation, Former Employee, Free Speech

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'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class

Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for overtime, vacation time, damages for COVID-19 pandemic terminations, extended healthcare benefits, misclassification…more

Canada, Compensation, Compensation & Benefits, Corporate Counsel, Deferred Compensation

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Federal Government to Significantly Overhaul the Competition Act

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (Bill…more

Acquisitions, Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada

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Ontario Securities Commission Reverts to Pre-Covid Shorter Prospectus Review Periods

The Ontario Securities Commission (OSC) has announced that it will return to its pre-December 7, 2021, service standard timelines and commitments for prospectus reviews effective January 9, 2023, given market changes and ahead…more

Accredited Investors, Canada, Canadian Securities Administration, Financial Adviser, Investors

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CSA Announces Updated Launch Date for SEDAR+

What is SEDAR? The System for Electronic Document Analysis and Retrieval (SEDAR) is the current system used by public companies to file documents under Canadian securities law…more

Canada, Canadian Securities Administration, Capital Markets, Electronically Stored Information, Securities Regulation

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Investing in R&D-Stage Healthcare Companies: A Recap of BBHIC 2024

It was another record-breaking year for the annual Bloom Burton & Co. Healthcare Investor Conference (BBHIC) in Toronto. The event brought together premier healthcare companies and investors from Canada and around the world…more

Canada, Healthcare, Investment, Investment Funds, Investors

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More Changes to Alberta’s Electricity System Announced, but Uncertainty Remains

At the Independent Power Producers Society of Alberta Annual Conference (IPPSA Conference) this March, the Minister of Affordability and Utilities (the Minister) announced interim measures to address recent electricity market…more

Canada, Energy Market, Energy Policy, Energy Projects, Energy Sector

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Ontario Court of Appeal Certifies Class Action Against Sun Life

On September 5, 2018, the Ontario Court of Appeal released its decision in Fehr v. Sun Life Assurance Company of Canada, overturning certain parts of the motion judge’s decision and certifying a class action against Sun Life…more

Appeals, Breach of Contract, Canada, Class Action, Class Certification

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Restricted Zoning: The BCCA Confirms Powers to Enact Rental-Only Bylaws Under the Local Government Act

Last year, in V.I.T. Estates Ltd. v New Westminster (City), 2023 BCCA 183, the British Columbia Court of Appeal (BCCA) dismissed a challenge to a municipal bylaw that restricted zoning to residential rentals. The court found…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Canada's M&A Landscape and Deal Making Trends: Q1 2024

United States and global M&A rebounded in the first quarter of 2024, powered by the return of mega deals worth US$10 billion or more. According to Bloomberg, global deal values are up about 21 percent year-on-year to more than…more

Acquisition Agreements, Acquisitions, Artificial Intelligence, Canada, Investors

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Safe Food for Canadians Act and Regulations—Under Review

The Minister of Agriculture and Agri-Food and the Minister of Health recently announced the launch of a five-year review (Review) of the Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR),…more

Agricultural Sector, Canada, Canadian Food Inspection Agency (CFIA), Food Manufacturers, Food Safety

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BC Hydro 2024 Call to Power—Overview of Request for Proposal Documents

On June 15, 2023, the Government of British Columbia announced BC Hydro was proceeding with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale projects, notably…more

Canada, Clean Energy, Electricity, Energy Projects, Hydropower

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Attention Mortgage Lenders: The Proceeds Of Crime (Money Laundering) And Terrorist Financing Act May

Non-bank mortgage lending entities would become subject to the anti-money laundering and anti-terrorist financing (AML/ATF) obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the PCMLTFA)…more

Anti-Money Laundering, Canada, Consumer Financial Products, Consumer Lenders, Financial Institutions

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CFA Institute Publishes First Global ESG Disclosure Standards

The CFA Institute has published the first Global ESG Disclosure Standards for Investment Products (the Standards) in relation to environmental, social and governance (ESG) issues in investment products, to allow stakeholders to…more

Canada, Environmental Social & Governance (ESG), Green Finance, Investment, Investors

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Land Leases for Renewable Energy Projects in Alberta - Update, November 2023

In 2016, the Province of Alberta passed the Renewable Electricity Act, cementing its commitment to increasing the amount of green energy produced in Alberta, with a goal of 30 percent of Alberta's electricity coming from…more

Canada, Clean Energy, Energy Projects, Energy Sector, Government Land

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Government of Alberta Unveils Further Details Regarding the Alberta Carbon Capture Incentive Program

On April 3, 2024, the Alberta Government released additional details on the Alberta Carbon Capture Incentive Program (ACCIP), which will support and accelerate the development of new carbon capture, utilization and storage…more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Carbon Taxes, Environmental Policies

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Alberta Minister of Environment and Protected Areas Announces Launch of Partial Reclamation Pilot Project

On December 14, 2023, Alberta's Minister of Environment and Protected Areas (EPA), Rebecca Schulz, announced the launch of two new pilot projects aimed at improving and expediting the well site reclamation process in the…more

Canada, Environmental Protection Agency (EPA), Oil Wells, Orphan Wells, Reclamation

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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA…more

Canada, Claims Limitations Period, Environmental Policies, Oil & Gas, Oil Spills

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Enhanced Reportable Transaction Rules Take Effect

With the enactment of Bill C-47 on June 22, 2023, Canada's enhanced mandatory disclosure rules are now fully in effect. These rules, which were first announced in the 2021 Canadian federal budget..…more

Business Taxes, Canada, Canada Revenue Agency (CRA), Corporate Governance, Corporate Taxes

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What Will the U.S. Election Mean for Canada?

In this recording from a web event following the U.S. election, Hugh MacKinnon (Chairman and CEO of Bennett Jones) moderates a panel of four of Canada's most insightful and respected leaders, and members of the firm's…more

Economic Development, Election Results, Energy Sector, Foreign Policy, Joe Biden

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What's Next For Agribusiness in Alberta

The Bennett Jones Agribusiness group attended the Calgary Chamber Alberta Next Series on Agribusiness, eager to hear from industry leaders and policy makers on the latest trends in Alberta’s constantly evolving agriculture and…more

Agribusiness, Agricultural Sector, Canada, Environmental Social & Governance (ESG), Farms

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WPC 2023 Day One: Canada as a Global Energy Supplier

Day One of the 24th World Petroleum Congress kicked off in Calgary today as 5,000 delegates from more than 100 countries have come together to help define realistic, workable paths to a net zero future…more

Canada, Energy Exploration, Energy Projects, Energy Sector, Natural Gas

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Police Amendment Act Proposes Significant Reforms

The first major reform of Alberta's policing act in over 30 years received royal assent on December 15, 2022. When brought into force, the Police Amendment Act, 2022 , among other things, will champion a "policing-by-consent"…more

Canada, First Nations, Law Enforcement, Police, Police Power

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Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and…more

Ashley Madison, Bitcoin, Breach Notification Rule, Canada, Class Action

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Bennett Jones Fall 2022 Economic Outlook: Managing Risks and Taking Action

Renowned U.S. economist Larry Summers said last October that “we’ve got the most complex, disparate, and cross-cutting set of challenges that I think I can remember in the 40 years I’ve been following this stuff.” This will…more

Canada, Economic Development, Economic Downturn, Economic Growth, Global Economy

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Ontario's iGaming Market Nears Launch: Update for Prospective Operators and Suppliers

The scheduled launch of Ontario's competitive internet gaming market is fast approaching. Though originally targeted for December 2021, it is now expected that the launch is more likely to occur in Q1 2022, assuming that the…more

Canada, Gambling, Online Gaming, Online Platforms, Regulatory Standards

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ESG and Institutional Investors: Part Two

Bennett Jones recently hosted a two-part webinar series on ESG and institutional investors. The first session looked at their role in ESG, private markets and investment, how risks and opportunities are being assessed in the…more

Business Strategies, Climate Change, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment

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BC Hydro 2024 Call to Power—Overview of Draft Documents

On June 15, 2023, the Government of British Columbia announced that BC Hydro would be moving forward with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale…more

Canada, Clean Energy, Energy Projects, Energy Sector, Infrastructure

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Alberta and Saskatchewan's New Self-Certified Investor Prospectus Exemption

On March 31, 2021, securities regulators in Alberta and Saskatchewan adopted a new self-certified investor prospectus exemption, in effect for the next three years (expiring April 1, 2024), to increase capital access and…more

Accredited Investors, Canada, Canadian Securities Administration, Funding, Investors

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Continuation Funds: ILPA Updated Guidance

The Institutional Limited Partner Association (ILPA) published new guidance on May 15, 2023, relating to continuation funds. The guidelines build on ILPA's prior (2019) guidance on best practices for GP-led secondary fund…more

Canada, Investment Adviser, Investment Funds, Investment Management, Investors

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It’s Finally Happening—Major New Trademark Law Takes Effect in Canada on June 17, 2019

After five years of uncertainty and speculation, a date has been set for Canada’s drastic new trademark laws to come into force. Five months from today, on June 17, 2019, brand owners and local, national and global companies in…more

Canada, Filing Fees, Intent-to-Use, International Trademark Protection, Madrid Protocol

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Setting Civil Trial dates by Order—Pilot Project: Alberta Court of King’s Bench takes Big Step Towards Addressing Delay in Commercial Litigation

The Alberta Court of King's Bench has introduced a pilot project aimed at moving non-family civil actions through the court system more expeditiously…more

Canada, Commercial Litigation, Court Schedules, Trial Attorneys, Trials

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Additional Canada Business Corporation Act Regulations to Come Into Force August 31, 2022

In 2021, the Government of Canada proposed regulations that would change the director election process for certain corporations established under the Canada Business Corporations Act (CBCA). For more information with respect to…more

Board Members, Board of Directors, Business Corporation Act, Canada, Corporate Counsel

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A Little Less Murky: The Court of Appeal Clarifies the Line Between Oppression and Derivative Actions

On May 26, 2015, the Court of Appeal for Ontario released its decision in Rea et al v Wildeboer, clarifying the distinct role of derivative actions under the Ontario Business Corporations Act. The role is so distinct that the…more

Appeals, Business Corporation Act, Canada, Derivative Suit, Oppression Remedy

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“Utter Waste of Time”: Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7

Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” (CPN 7), is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule…more

Abuse of Process, Appeals, Canada, Dismissals, Frivolous Lawsuits

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Ontario Court of Appeal Case Upholds Closing Payment Direction Against Lender

Borrowers and lenders negotiating payment directions on the closing of loan transactions should take heed of the recent decision of the Ontario Court of Appeal in Kemeny v. Callidus Capital Corporation, 2023 ONCA 76…more

Borrowers, Canada, Consumer Financial Products, Financial Regulatory Reform, Lenders

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Bennett Jones Fall 2022 Economic Outlook: Managing Risks and Taking Action

Renowned U.S. economist Larry Summers said last October that “we’ve got the most complex, disparate, and cross-cutting set of challenges that I think I can remember in the 40 years I’ve been following this stuff.” This will…more

Canada, Economic Development, Economic Downturn, Economic Growth, Global Economy

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Electrification of Vehicles, Industry, Prompts BC Hydro's First Call for Power in 15 Years

On June 15, 2023, the Government of British Columbia (the Government or Province) announced that BC Hydro would be moving forward with a call for new sources of 100 percent clean, renewable emission-free electricity, notably…more

Canada, Clean Energy, Electric Vehicles, Energy Projects, Energy Sector

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More Provinces Crowd into Crowdfunding, but Not Yet Ontario or Alberta

On May 14, 2015, the securities regulators of British Columbia, Saskatchewan, Manitoba, Québec, New Brunswick and Nova Scotia (the Crowdfunding Jurisdictions) announced that they have implemented, or expect to implement,…more

Canada, Crowdfunding, Entrepreneurs, Ontario Securities Commission (OSC), Popular

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Supreme Court of Canada Rules Impact Assessment Act Unconstitutional

The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional…more

Canada, Federal Jurisdiction, Federal Land, Public Improvement Projects, Public Projects

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Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and the…more

Acquisitions, Buyers, Canada, Discovery, Mergers

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The United Kingdom's Accession to the CPTPP: Good or Bad for Canada?

On March 31, 2023, the United Kingdom announced the conclusion of negotiations on the accession of the United Kingdom to the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), representing a "first" since the…more

Canada, Free Trade Agreements, Trade Agreements, Trade Policy, Trade Relations

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Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5…more

Canada, Contaminated Properties, Environmental Liability, Environmental Litigation, Environmental Remediation Costs

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A Roadmap to Building a SAF Supply Chain in Canada

The Canadian Council for Sustainable Aviation Fuels (C-SAF) recently launched a Roadmap for the country's aviation sector to remain competitive as it transitions to a net-zero future by 2050. C-SAF also published yesterday an…more

Aircraft, Aviation Industry, Canada, Climate Change, Fuel Supply

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Ready to Rebound: Canada's 2024 M&A Landscape

While Canadian M&A activity continued to lag in 2023 as compared to 2021 and early 2022 in terms of transaction value and volume, as reflected in a significant downturn in exits in Q3, there remain a number of reasons for…more

Acquisitions, Canada, Energy Projects, Energy Sector, Investment

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Key Takeaways from the 2023 Canadian Hydrogen Convention: Part 1

The 2023 Canadian Hydrogen Convention (CHC) recently took place in Edmonton, Alberta, bringing together over 8,000 industry leaders, stakeholders and government officials from across Canada and around the world. CHC 2023 sent a…more

Canada, Climate Change, Energy Sector, Environmental Policies, Hydrogen Power

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New Alberta Occupational Health and Safety Laws to Take Force December 1, 2021

On December 1, 2021, sweeping changes to Alberta's current occupational health and safety legislation will come into force. The new laws rectify many of the previous challenges that arose from ambiguous and overly prescriptive…more

Best Practices, Canada, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

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Supreme Court of Canada Upholds Treaty-Based Canadian Holding Structure

On November 26, 2021, the Supreme Court of Canada (the SCC) released its highly anticipated decision in Canada v Alta Energy Luxembourg SARL, 2021 SCC 49 [Alta Energy Lux], that addressed treaty-based holding structures and the…more

Business Property, Canada, Capital Gains, Exemptions, GAAR

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Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors—Online and IRL

Court Unveils Four-Part Harassment Lawsuit Test A bold Alberta Court of King's Bench decision, Alberta Health Services v Johnston, 2023 ABKB 209, declined to follow Ontario appellate authority on the issue and established the…more

Canada, Defamation, Digital Communications, Electronic Communications, Harassment

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FCA Confirms that an Inducement is Taxable as a Restrictive Covenant Payment

Pangaea One Acquisition Holdings XII S.À.R.L. v. The Queen, 2020 FCA 21 - The Federal Court of Appeal has upheld the decision of the Tax Court of Canada (2018 TCC 158, Smith J.), confirming that a payment made to induce a…more

Canada, Non-Compete Agreements, Restrictive Covenants, Share Purchase Agreements, Shareholders' Agreements

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Canadian Hydrogen Convention 2024—Key Themes and Takeaways

Approximately 8,000 delegates (including energy executives, government officials and Indigenous leaders from Canada and around the world) attended the third annual Canadian Hydrogen Convention (CHC) which ran April 23 to 25 in…more

Canada, Clean Energy, Climate Change, Energy Projects, Energy Sector

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Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence…more

Canada, Evidence, Intellectual Property Protection, Law Firm Partners, Online Platforms

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Court of Appeal Endorses Draconian Deterrent to Insurance Fraud

In Abbas v Esurance Insurance Company of Canada, 2023 ABCA 36 [Abbas], the Alberta Court of Appeal endorsed what it described as draconian consequences for insurance fraud as consistent with the Insurance Act, RSA 2000 c I-3 and…more

Canada, Fraud, Insurance Claims, Insurance Industry, Insurance Litigation

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Government of Alberta Unveils Further Details Regarding the Alberta Carbon Capture Incentive Program

On April 3, 2024, the Alberta Government released additional details on the Alberta Carbon Capture Incentive Program (ACCIP), which will support and accelerate the development of new carbon capture, utilization and storage…more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Carbon Taxes, Environmental Policies

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Alberta Minister of Environment and Protected Areas Announces Launch of Partial Reclamation Pilot Project

On December 14, 2023, Alberta's Minister of Environment and Protected Areas (EPA), Rebecca Schulz, announced the launch of two new pilot projects aimed at improving and expediting the well site reclamation process in the…more

Canada, Environmental Protection Agency (EPA), Oil Wells, Orphan Wells, Reclamation

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Is It Getting Harder to Get a Worldwide Freezing Injunction In Alberta?

Typically, pursuing fraudsters is an exercise in detective work, forensic analysis and a lot of circumstantial evidence. Rarely does a fraud come with a smoking gun or confession. Parties must cobble together evidence (factual…more

Asset Freeze, Canada, Commercial Litigation, Corporate Fraud, Fraud

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Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic…more

Canada, Drought, Groundwater, Water, Water Conservation

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Alberta Minister of Environment and Protected Areas Announces Launch of Partial Reclamation Pilot Project

On December 14, 2023, Alberta's Minister of Environment and Protected Areas (EPA), Rebecca Schulz, announced the launch of two new pilot projects aimed at improving and expediting the well site reclamation process in the…more

Canada, Environmental Protection Agency (EPA), Oil Wells, Orphan Wells, Reclamation

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Miners Beware: Regulators Read Your Investor Presentations

On April 9, 2015, the Canadian Securities Administrators (CSA) published CSA Staff Notice 43-309 - Review of Website Investor Presentations by Mining Issuers (the Staff Notice), which summarizes the findings of a review of 130…more

Canada, Canadian Securities Administration, Material Disclosures, Mining, Public Disclosure

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Incentivizing Employees: Avoiding a Salary Deferral Arrangement

Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the…more

Canada, Compensation, Compensation & Benefits, Deferred Compensation, Human Resources Professionals

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Employee Ownership Trusts—Improved Tax Incentives Announced

The Canadian Department of Finance introduced draft legislation in the 2023 Canadian Federal Budget (Budget 2023) to create employee ownership trusts (EOTs) to facilitate the transfer of a business to the employees of the…more

Business Ownership, Business Taxes, Business Transfer Agreements, Canada, Corporate Taxes

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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA…more

Canada, Claims Limitations Period, Environmental Policies, Oil & Gas, Oil Spills

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COP27 Hydrogen Wrap-Up: A Focus on Africa and Europe

​​​​​​​Momentum in the global hydrogen market continued to pick up at the recently completed COP27 climate summit in Egypt. Deals and partnerships were announced throughout the conference by governments and private…more

Africa, Canada, Energy Projects, Energy Sector, Environmental Summit

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Alberta's Role in the Pathway to Net-Zero

The Energy Disruptors: Unite 2022 (EDU) conference took place in Calgary recently, bringing together trailblazing "disruptors", ranging from industry leaders to institutional investors to award winning journalists and…more

Canada, Carbon Emissions, Climate Action Plan, Climate Change, Energy Policy

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Seeking Transparency: New Compliance Requirements for Lobbyists

Canada's new Lobbyists' Code of Conduct (the Code) came into effect on July 1, 2023. The Code operates alongside the other ethical regimes for federal officials, and seeks to "foster transparent and ethical lobbying of federal…more

Canada, Code of Conduct, Compliance, Ethics, Federal Elections

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Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally…more

Arbitration, Arbitration Agreements, Arbitration Awards, Canada, Commercial Arbitration

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Ontario Bill 27: Working for Workers Act, 2021 is Now the Law

As you may have heard or read in our earlier blog, Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes, the government introduced Bill 27: Working for Workers Act, 2021 in late October…more

Canada, Employer Liability Issues, Employment Policies, Employment Standards Act, Human Resources Professionals

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The AER's Holistic Approach to Liability Management

Recent information provided by the Alberta Energy Regulator (AER) in its Licensee Capability Assessment: What We Heard document and draft Licensee Life-Cycle Management Directive (Draft LLCM Directive) provides guidance for…more

Canada, Energy Projects, Energy Sector, Oil & Gas, Pipelines

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No Harm, No Class Action (Again): Ontario Superior Court Refuses to Certify Risk of Cancer Claim

In the recent decision of Palmer v Teva Canada Ltd., Justice Perell of the Ontario Superior Court dismissed the plaintiff's motion to certify a class action against manufacturers of the anti-hypertensive drug valsartan. The…more

Canada, Cancer, Health Canada, Life Sciences, Pharmaceutical Industry

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Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench addressed…more

Arbitration, Arbitration Agreements, Arbitration Awards, Canada, Commercial Arbitration

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Ontario Court of Appeal Considers Interpretation of “Creditors or Others” Under the Fraudulent Conveyances

The Ontario Fraudulent Conveyances Act (the FCA), a concise statute of long-standing that traces its history to an English statute of 1571, is intended to prevent conveyances of property made with the intent to defeat, hinder,…more

Bankruptcy Code, Bankruptcy Court, Canada, Commercial Bankruptcy, Consumer Bankruptcy

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Alternative Financing for Oil and Gas Producers: The Securitization of Oil and Gas Assets

Oil and gas producers in Canada have historically relied predominately on reserve based lending arrangements from institutional credit providers for production and operating liquidity. Prolonged economic uncertainty, commodity…more

Asset-Backed Securities, Canada, Corporate Financing, Energy Projects, Energy Sector

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Ontario's Dismissal for Delay Regime the Year in Review

Early 2022 decisions interpreting Ontario’s new mandatory dismissal for delay regime were glad tidings for defendants, suggesting the regime would be strictly applied. However, over the course of 2022, the pendulum swung in the…more

Canada, Class Action, Delay Claims, Dismissals, Law Firm Associates

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Canada Border Services Agency Publishes Update of Trade Verification Priorities—July 2023

The Canada Border Services Agency (CBSA) has released an updated list of trade compliance verification priorities for 2023. The CBSA periodically sets verification priorities which reflect its evaluation of the risk of…more

Canada, CBSA, Cross-Border Transactions, International Trade, Tariff Classifications

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Routes to the Public Markets in Canada: IPO, SPAC, CPC or RTO

Much has been written about when a business should go public and the considerations that inform that choice. Assuming the decision to go public has been made, second in importance to that determination is how a private company…more

Canada, Capital Markets, Initial Public Offering (IPO), Publicly-Traded Companies, Reverse Mergers

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Arbitration, Court and Interim Injunctions: The Tricky Issue of Jurisdiction

The recent Court of King's Bench of Alberta decision in 2329716 Alberta Ltd v. Randhawa [Randhawa] considered whether the court has jurisdiction to hear an interim injunction where the contracting parties agreed to resolve their…more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Commercial Arbitration

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Soft Opening of Pay Transparency in British Columbia

In the same year that Claudia Goldin's research on women's progress in the workforce earned a Nobel Prize, British Columbia introduces pay transparency legislation…more

Canada, Equal Pay, Gender Equity, Gender-Based Pay Discrimination, Human Resources Professionals

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[Webinar] AI Insights: Foundations - April 23rd, 10:00 am - 1:00 pm MT

Our goal is to cut through the hype and noise, while zeroing in on how AI and its evolving regulation will impact your business, your competitors and the markets in which you operate…more

Artificial Intelligence, Board Members, Business Operations, Business Opportunities, Business Strategies

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Canadian Securities Administrators Adopt Multilateral Instrument 93-101: Derivatives—Business Conduct

The Canadian Securities Administrators (CSA) announced that the regulatory authorities of each jurisdiction in Canada, except for British Columbia, have adopted Multilateral Instrument 93-101, entitled Derivatives—Business…more

Business Conduct Standards, Canada, Canadian Securities Administration, Compliance, Derivatives

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Do Medical Professionals Have Freedom of Expression?

Since the advent of the COVID-19 pandemic, state responses to the virus have become the subject of vigorous public debate. While some impugn measures they say are too weak to protect the vulnerable, others lament incursions on…more

Canada, Coronavirus/COVID-19, Freedom of Expression, Health and Safety, Healthcare Facilities

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[Webinar] AI Insights: Foundations - April 23rd, 10:00 am - 1:00 pm MT

Our goal is to cut through the hype and noise, while zeroing in on how AI and its evolving regulation will impact your business, your competitors and the markets in which you operate…more

Artificial Intelligence, Board Members, Business Operations, Business Opportunities, Business Strategies

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Beyond Serious Prejudice: The BCCA Establishes a New Test to Dismiss for Want of Prosecution

Not infrequently, a plaintiff loses interest in pursuing litigation without being willing to discontinue or settle, or starts litigation to preserve a limitation period without being committed to pursue it. Rule 22-7(7) of the…more

Canada, Dismissals, Supreme Court of British Columbia, Voluntary Dismissals

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Industrial Property in Alberta: Considerations for Purchase and Lease

The industrial real estate sectors in Calgary and specifically, Rocky View County, and Edmonton, have experienced a consistent demand for both purchase and lease transactions over the past several years. This is driven by a…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Review Debt Covenants Before Relying on Proposed CSA COVID-19 Financial Reporting Relief

On March 18, 2020, the Canadian securities administrators (CSA) indicated that they will be providing blanket relief granting a 45-day extension for periodic filings normally required to be made on or before June 1, 2020, by…more

Canada, Canadian Securities Administration, Coronavirus/COVID-19, Filing Deadlines, Filing Requirements

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How Liquid is Your Letter of Credit?

Other than cash, a standby letter of credit (LoC) is generally considered the most liquid form of performance security. While beneficiaries generally believe drawing on an LoC should be a relatively simple process, many do not…more

Arbitration, Canada, Contract Disputes, Contract Interpretation, Contract Terms

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UPDATED Canadian Sanctions Targeting Russia, Belarus and Separatist Territories in Ukraine Expanded in Response to the Russian Invasion of Ukraine - August 2023

On February 21, 2022, Russia formally recognized the purported independence of two regions in Eastern Ukraine, Donetsk and Luhansk. The next day it ordered Russian troops into the separatist-occupied territories, and the…more

Belarus, Belarus Sanctions, Canada, Economic Sanctions, Foreign Policy

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Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and…more

Ashley Madison, Bitcoin, Breach Notification Rule, Canada, Class Action

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Mutual Fund Dealers Association of Canada Announces Amalgamation with Investment Industry Regulatory Organization of Canada

On September 29, 2022, the members of the Mutual Fund Dealers Association of Canada (MFDA) and of the Investment Industry Regulatory Organization of Canada (IIROC) announced that they have approved the amalgamation of their…more

Broker-Dealer, Canada, Financial Regulatory Reform, Investment, Investment Companies

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Employee Ownership Trusts—Improved Tax Incentives Announced

The Canadian Department of Finance introduced draft legislation in the 2023 Canadian Federal Budget (Budget 2023) to create employee ownership trusts (EOTs) to facilitate the transfer of a business to the employees of the…more

Business Ownership, Business Taxes, Business Transfer Agreements, Canada, Corporate Taxes

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Pathways to Prosperity: Exploring Indigenous Participation in Major Energy Projects

On February 15, 2024, Bennett Jones' Calgary office welcomed nearly 80 project stakeholders and industry leaders—with hundreds more tuning in online—to talk about Synergy in Energy: Building Effective Indigenous Partnerships…more

Canada, Energy Projects, Energy Sector, First Nations, Land-Use Permits

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Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and the…more

Acquisitions, Buyers, Canada, Discovery, Mergers

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Significant Changes Proposed to the Criminal Interest Rate

On May 11, 2021, Bill C-274, An Act to amend the Criminal Code (Criminal Code Interest Rate) received first reading in the House of Commons. The Bill proposes to amend the definitions of "criminal rate" and "interest" under…more

Banking Sector, Banks, Canada, Consumer Lenders, Finance Lender

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BC Hydro 2024 Call to Power—Overview of Request for Proposal Documents

On June 15, 2023, the Government of British Columbia announced BC Hydro was proceeding with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale projects, notably…more

Canada, Clean Energy, Electricity, Energy Projects, Hydropower

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Ontario iGaming: New Amendments that Restrict Advertising and Marketing Activities

On August 29, 2023, the Alcohol and Gaming Commission of Ontario (AGCO) announced amendments to its Standards for Internet Gaming (Standards) and released further guidance on its implementation on February 8, 2024. These…more

Advertising to Minors, Canada, Celebrities, Celebrity Endorsements, Endorsements

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Alternative Financing for Oil and Gas Producers: The Securitization of Oil and Gas Assets

Oil and gas producers in Canada have historically relied predominately on reserve based lending arrangements from institutional credit providers for production and operating liquidity. Prolonged economic uncertainty, commodity…more

Asset-Backed Securities, Canada, Corporate Financing, Energy Projects, Energy Sector

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Fairstone Financial v Duo Bank – Ontario Court Interprets MAC Clause

In Fairstone Financial Holdings Inc v Duo Bank of Canada, Koehnen J. of the Ontario Superior Court of Justice (Commercial List) had the opportunity to further the limited jurisprudence on material adverse change/material adverse…more

Acquisitions, Business Interruption, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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The New Duty of Good Faith in Canadian Insolvency Proceedings

Canada’s two main insolvency and restructuring statutes, the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) were recently amended to include a new duty of good faith on the part of all…more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Code, Bankruptcy Court, Canada, Commercial Bankruptcy

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Electric Contracts for Electric Vehicles: The Key Considerations

​​​​​​​Approximately 24 percent of Canada's greenhouse gas emissions come from the transportation sector. Legislation and regulations are being used to address these emissions by bringing in mandatory requirements…more

Automotive Industry, Canada, Charging Stations, Electric Vehicles, Green Finance

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TSX Provides Guidance on Voting Agreements

On February 27, 2023, the Toronto Stock Exchange (TSX) published Staff Notice 2023-0001 (the Notice), providing guidance on how TSX addresses voting agreements entered into between a TSX listed issuer and one or more of its…more

Canada, Canadian Securities Administration, Capital Markets, Ontario Securities Commission (OSC), Toronto Stock Exchange

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BC Takes Action to Protect Real Estate Sellers

On May 10, 2016, BC Finance Minister Michael de Jong announced amendments to the Real Estate Services Regulation regarding the imposition of additional obligations on licensees (persons described in s 2 of the Real Estate…more

Canada, Consumer Financial Contracts, Mortgage Lenders, Predatory Lending

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Safe Food for Canadians Act and Regulations—Under Review

The Minister of Agriculture and Agri-Food and the Minister of Health recently announced the launch of a five-year review (Review) of the Safe Food for Canadians Act (SFCA) and the Safe Food for Canadians Regulations (SFCR),…more

Agricultural Sector, Canada, Canadian Food Inspection Agency (CFIA), Food Manufacturers, Food Safety

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Developments in General Causation Methodologies for Class Certification

In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's…more

Canada, Causation, Class Action, Liability, Product Defects

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Is the Test for Mareva Injunctions/Freezing Orders Too Stringent?

An important pre-trial remedy in cases of fraud is the Mareva injunction, now more commonly called a “freezing order”. This remedy, in simple terms, allows the victim of a fraud, as a plaintiff in the civil courts, to prevent…more

Canada, Exigent Circumstances, Fraud, Freezing Order, Mareva Injunctions

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CBSA Clarifies Documentary Requirements to Establish that Imported Goods Are Not Produced with Forced Labour

On January 20, 2022, the Canada Border Services Agency (CBSA) updated its policy document, Memorandum D9-1-6, titled Goods manufactured or produced wholly or in part by prison labour (the D-Memo), to provide guidance to…more

Canada, Cross-Border Transactions, Forced Labor, Imports, NAFTA

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New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

This is an update of our original blog dated April 24, 2023. Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 received Royal…more

Canada, Employee Benefits, Employer Liability Issues, Insolvency, Pension Funds

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Ontario Court of Appeal in Buduchnist Credit Union Affirms Broad Jurisdiction to Address Breaches of Mareva Orders

In Buduchnist Credit Union Limited v. 2321197 Ontario Inc., 2024 ONCA 57 (Buduchnist), the Court of Appeal for Ontario has affirmed that superior courts have broad and flexible jurisdiction to address breaches of interlocutory…more

Asset Freeze, Asset Seizure, Canada, Mareva Injunctions, Young Lawyers

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New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

This is an update of our original blog dated April 24, 2023. Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 received Royal…more

Canada, Employee Benefits, Employer Liability Issues, Insolvency, Pension Funds

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Ready to Rebound: Canada's 2024 M&A Landscape

While Canadian M&A activity continued to lag in 2023 as compared to 2021 and early 2022 in terms of transaction value and volume, as reflected in a significant downturn in exits in Q3, there remain a number of reasons for…more

Acquisitions, Canada, Energy Projects, Energy Sector, Investment

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B.C. $1-Billion First Nations Equity Financing Framework

After much anticipation, on February 22, 2024, British Columbia announced its intention to create a First Nations Equity Financing Framework (Framework) as part of its latest budget and fiscal plan. The Framework aligns with its…more

Canada, Equity Investors, Financial Services Industry, Financing, First Nations

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Proposed Canada Transportation Act Amendments: Potential Implications for Canadian Air Carriers

On April 24, 2023, the Canadian government introduced Bill C-47, the Budget Implementation Act, 2023, No. 1 (the Bill), which includes proposed amendments to provisions of the Canada Transportation Act (the CTA) relating to air…more

Air Carriers, Airline Passengers, Airlines, Canada, New Legislation

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Employee Ownership Trusts—A Useful Tool for Employee Business Ownership?

There is a growing international movement to increase employee ownership of businesses. Some jurisdictions such as the United Kingdom and the United States have developed tax rules and incentives to facilitate business ownership…more

Business Ownership, Canada, Department of Finance, Employee-Ownership, Federal Budget

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Updated B.C. Transparency Register Requirements

Effective October 1, 2020, all private companies incorporated under the Business Corporations Act (British Columbia) (BCBCA) will be required to maintain a transparency register disclosing certain prescribed information about…more

Canada, Corporate Governance, Proposed Legislation, Publicly-Traded Companies, Transparency

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Cooperative Capital Markets System Publishes Revised Draft Legislation and Draft Regulations

On August 25, 2015, the participating jurisdictions of the proposed Cooperative Capital Markets System (the Cooperative System) published for comment a revised consultation draft of the uniform provincial/territorial Capital…more

Canada, Capital Markets, Comment Period, Consultation, Market Participants

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Developments in General Causation Methodologies for Class Certification

In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's…more

Canada, Causation, Class Action, Liability, Product Defects

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Budget 2024 Provides Additional Details for the Clean Electricity ITC and Adds Another ITC for Electric

In Budget 2024, the Government of Canada continued their drive to implement government incentives aimed at decarbonizing the economy through providing further clarification and design details for the Clean Electricity investment…more

Canada, Clean Energy, Clean Tech, Electric Vehicles, Electricity

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Insights and Takeaways From Our Top 10 Commercial Litigation Cases of 2022

Canadian courts rendered a number of notable decisions in the commercial litigation sphere in 2022 that made headlines for the impacts they will have on the landscape of businesses facing a dispute. Now that we are well into the…more

Canada, Commercial Litigation, Corporate Counsel, Energy Sector, Franchise Agreements

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Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid…more

Canada, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Employment Policies

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Government of Canada Unveils Details Regarding New Federal Indigenous Loan Guarantee Program

On April 16, 2024, the Canadian Government released the 2024 federal budget, including details on the much-anticipated federal Indigenous Loan Guarantee Program (ILG Program). First announced in the government's 2023 Fall…more

Aboriginal Issues, Canada, Federal Budget, Federal Loans, Loans

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Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the…more

Canada, Disclosure Requirements, Employee Definition, Employees, Employer Liability Issues

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The Upstream Oilfield Services Industry in Western Canada - A Backgrounder

Described by The Economist as “the unsung masters of the oil industry,” oilfield services are an integral and indispensable part of the oil and natural gas industry in Western Canada. Oilfield services companies are involved in…more

Canada, Energy Exploration, Energy Sector, Midstream Contracts, Natural Gas

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Federal Government to Significantly Overhaul the Competition Act

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (Bill…more

Acquisitions, Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada

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Canada's Hydrogen Strategy

The New Energy Economy Series - Following its recent announcement of A Healthy Environment and a Healthy Economy, an accelerated climate plan for Canada, the Government of Canada released the Hydrogen Strategy for Canada:…more

Canada, Climate Change, Energy Sector, Environmental Policies, Hydrogen Power

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B.C. Accelerating Zero Emission Vehicle Sales Mandate

Passed on May 30, 2019, the British Columbia Zero-Emission Vehicles Act requires automakers, and indirectly their dealers, to sell or lease an escalating percentage of new zero emission vehicles (ZEVs) vs. new internal…more

Automotive Industry, Canada, Car Dealerships, Electric Vehicles, Manufacturers

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Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

Competition Bureau Publishes Related Enforcement Guidelines Canada's new criminal prohibition on wage-fixing and no-poaching agreements will come into force on June 23, 2023. These new provisions under subsection 45(1.1) of the…more

Canada, Competition, Competition Act, Employee Mobility, Employees

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Investing in R&D-Stage Healthcare Companies: A Recap of BBHIC 2024

It was another record-breaking year for the annual Bloom Burton & Co. Healthcare Investor Conference (BBHIC) in Toronto. The event brought together premier healthcare companies and investors from Canada and around the world…more

Canada, Healthcare, Investment, Investment Funds, Investors

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Broer v. Multiguide GmbH—Is the Subsequent Conduct of the Parties More Relevant Than You Think in the Context of Shareholder Loans and Disputes?

It has long been established that where the circumstances in which funds are advanced by a shareholder to the company in which they own shares is unclear, the court must consider the "surrounding circumstances" when determining…more

Bankruptcy and Insolvency Act (BIA), Board of Directors, Canada, Capital Investments, Commercial Bankruptcy

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Ontario Superior Court Refuses to Enforce Crypto Giant’s "All-but-inaccessible" Arbitration Clause

In Lochan v Binance Holdings Limited, 2023 ONSC 6714 (Binance), the Ontario Superior Court dismissed a motion brought by Binance Holdings Limited (Binance), the world’s largest crypto trading platform, to stay a proposed class…more

Arbitration, Arbitration Agreements, Canada, Crypto Exchanges, Cryptoassets

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Accounting for Oil and Gas Revenues Without an Operating Agreement

In IFP Technologies (Canada) Inc v EnCana Midstream and Marketing, 2022 ABKB 807, the Court considered for the first time how to perform an accounting of profits from an oil and gas working interest between tenants in common…more

Canada, Energy Sector, Oil & Gas, Operating Agreements, Petroleum

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Ontario and British Columbia Lead a Sequencing Culture Shift

For the past two decades, how best to achieve the fair and efficient management of class actions in Canada was routinely resolved by a one-size-fits-all approach: a presumption that certification should be the first motion heard…more

Canada, Class Action, Class Certification

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Canada Extends Ban on Foreign Home Buyers to 2027

The Government of Canada has announced a two-year extension to an existing ban on foreign ownership of Canadian housing. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act) was set to expire at…more

Canada, Foreign Nationals, Home Buyer, Homeowners, New Legislation

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New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on…more

Canada, Confidential Information, Corporate Counsel, Employer Liability Issues, Employment Contract

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How Liquid is Your Letter of Credit?

Other than cash, a standby letter of credit (LoC) is generally considered the most liquid form of performance security. While beneficiaries generally believe drawing on an LoC should be a relatively simple process, many do not…more

Arbitration, Canada, Contract Disputes, Contract Interpretation, Contract Terms

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Bennett Jones Fall 2022 Economic Outlook: Managing Risks and Taking Action

Renowned U.S. economist Larry Summers said last October that “we’ve got the most complex, disparate, and cross-cutting set of challenges that I think I can remember in the 40 years I’ve been following this stuff.” This will…more

Canada, Economic Development, Economic Downturn, Economic Growth, Global Economy

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CSA Proposes to Expand Diversity Disclosure

The Canadian Securities Administrators (CSA) are currently seeking public comment on proposed amendments and changes to the disclosure requirements for reporting issuers not listed on the TSX Venture Exchange or the Canadian…more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements

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Alberta Law Reform Commission on Obligations to Step-Children

The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta…more

Canada, Dependents, Estate Planning, Executors, Guardians

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Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the…more

Breach of Contract, Business Interruption, Business Litigation, Canada, Commercial Contracts

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Challenging the Scope of a Proposed Class in Québec Class Proceedings

In the recent decision of Electronic Arts Inc. v Bourgeois, 2024 QCCA 284 (Bourgeois), the Québec Court of Appeal provided direction concerning when and how defendants can appropriately challenge the scope of a proposed class in…more

Appeals, Canada, Class Action, Class Certification, Classification

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But It’s "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a price,…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Separate Corporate Personality Remains Alive and Well in Alberta

Separate corporate personality is not a loophole or technicality, but is an essential principle of corporate law, the Alberta Court of Appeal recently reiterated in Condominium Corporation No. 0828219 v Carrington Holdings Ltd.,…more

Board of Directors, Canada, Construction Project, Corporate Governance, Parent Corporation

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Government of Ontario Proposes Amendments to Payday Loans Act

Providers of payday loans in Ontario, take notice—the Government of Ontario is seeking input on the implementation of new regulations intended to strengthen consumer protection which will have wide-ranging impacts on the…more

Canada, Consumer Lenders, New Regulations, Payday Loans

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A Guide to Navigating the Complexities of GenAI in Investment

In today's rapidly evolving technological landscape, the emergence of generative artificial intelligence (GenAI) presents both opportunities and challenges for investors, founders and companies alike. With GenAI generating new…more

Artificial Intelligence, Canada, Environmental Social & Governance (ESG), Innovative Technology, Legislative Agendas

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ESG and its Impact On Real Estate

Environmental. All sectors of the Canadian economy are adopting increasingly sustainable and environmentally-friendly practices to help the transition to a net-zero economy. In particular, as the Government of Canada stated in…more

Canada, Construction Project, Critical Infrastructure Sectors, Environmental Social & Governance (ESG), Green Finance

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British Columbia Announces a Pause on Mining in Gitxaala and Ehattesaht Nations Territories

On March 7, 2024, British Columbia's Ministry of Energy, Mines and Low Carbon Innovation announced interim measures in the form of four Orders in Council (OICs). The OICs place restrictions on the issuance of mineral claims,…more

Canada, Mineral Exploration, Mining, Natural Resources, Resource Extraction

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Tenants Beware: The Risks of Landlord Tax Liabilities

A recent ruling from the Tax Court of Canada underscores the significance of tenants verifying their landlords' residency status in adhering to any obligations to withhold taxes in accordance with Part XIII of the Income Tax Act…more

Canada, Commercial Leases, Commercial Tenants, Landlords, Property Tax

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Court Rules That Unquantifiable Climate Impacts Are Not Sufficient to Overturn Project Approval

In a recent decision, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant offshore oil and gas project. The NGOs argued that the Minister failed…more

Canada, Climate Change, Energy Projects, Energy Sector, Environmental Policies

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Home is Where the Risk is When Carrying on (Insurance) Business

In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one straightforward…more

Canada, Insurance Claims, Insurance Industry, Insurance Litigation, Jurisdiction

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Supreme Court of Canada Declines to Hear the Cameco Landmark Transfer Pricing Case

On February 18, 2021, the Supreme Court of Canada announced that it will not hear the transfer pricing tax appeal involving the Government of Canada and Cameco Corporation. Cameco was previously successful in both the Tax Court…more

Supreme Court of Canada, Transfer Pricing

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Rule Changes In England and Wales Help Combat Fraud—Should Canada Follow?

The United Kingdom’s Civil Procedure Rule Committee recently approved methods of extra-jurisdictional service of Norwich-type information orders that could make it easier to pursue cross-border economic crime disputes in England…more

Banks, Canada, Customer Information, Fraud, Information Management

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Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally…more

Arbitration, Arbitration Agreements, Arbitration Awards, Canada, Commercial Arbitration

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Why Family Enterprises Need to Develop an Ownership Strategy

Developing an ownership strategy within a family enterprise has many dimensions. Formal strategies provide structure, help overcome challenges and address complications that can arise when future generations take over…more

Canada, Corporate Governance, Corporate Structures, Family Businesses, Family Members

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Ontario Superior Court Refuses to Enforce Crypto Giant’s "All-but-inaccessible" Arbitration Clause

In Lochan v Binance Holdings Limited, 2023 ONSC 6714 (Binance), the Ontario Superior Court dismissed a motion brought by Binance Holdings Limited (Binance), the world’s largest crypto trading platform, to stay a proposed class…more

Arbitration, Arbitration Agreements, Canada, Crypto Exchanges, Cryptoassets

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Securities Regulators Provide Guidance to Improve Transparency for Reporting Issuers in the Cannabis Industry, Providing Lessons for All

On November 12, 2019, the Canadian Securities Administrators (CSA) published Multilateral Staff Notice 51-359 Corporate Governance Related Discourse Expectations for Reporting Issuers in the Cannabis Industry ("MSN51-359") to…more

Acquisitions, Canada, Canadian Securities Administration, Cannabis-Related Businesses (CRBs), Compliance

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The Unlimited Potential of Drones: Investment and Collaboration Opportunities between Canada and Israel

Unmanned aerial vehicles (UAVs), or drones, are transforming how businesses in a wide range of industries operate. Initially considered something exclusively for military purposes, the drone industry has branched out, developing…more

Canada, Drones, Foreign Investment, Israel, Popular

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TSX Provides Guidance on Voting Agreements

On February 27, 2023, the Toronto Stock Exchange (TSX) published Staff Notice 2023-0001 (the Notice), providing guidance on how TSX addresses voting agreements entered into between a TSX listed issuer and one or more of its…more

Canada, Canadian Securities Administration, Capital Markets, Ontario Securities Commission (OSC), Toronto Stock Exchange

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Federal Government Publishes Final Regulations Aimed at Reducing GHG Emissions

The federal Canadian Greenhouse Gas Offset Credit System Regulations (OCSR) and the Clean Fuel Regulations (CFR), under the Greenhouse Gas Pollution Pricing Act and Canadian Environmental Protection Act, 1999, respectively, have…more

Canada, Carbon Emissions, Climate Change, Environmental Policies, Greenhouse Gas Emissions

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Stay Off the Slippery and Precarious Slope when Time is of the Essence

"Better three hours too soon than a minute too late" wrote William Shakespeare in The Merry Wives of Windsor—a line that would have fit well in the judgement of the Ontario Court of Appeal in its recent decision in 3 Gill Homes…more

Canada, Contract Terms, Real Estate Companies, Real Estate Transactions, Residential Real Estate Contracts

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Canada's M&A Landscape and Deal Making Trends: Q1 2024

United States and global M&A rebounded in the first quarter of 2024, powered by the return of mega deals worth US$10 billion or more. According to Bloomberg, global deal values are up about 21 percent year-on-year to more than…more

Acquisition Agreements, Acquisitions, Artificial Intelligence, Canada, Investors

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Overview of Real Estate Emergency Pandemic Measures (Updated August 2020 #3)

Recent Updates - August 24, 2020: Update reflects the extension of a number of emergency orders under the Reopening Ontario (A Flexible Response to COVID-19) Act. In particular, this extension does not include the Education…more

Canada, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords

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"Small Claims" Get Bigger—Increases to Monetary Limit for Small Claims in Alberta Will Impact Wrongful Dismissal Litigation

In December 2022, the Alberta legislature passed a bill allowing for an increase to the limit on civil claims in the Alberta Court of Justice (formerly, the Provincial Court of Alberta and sometimes referred to as "small claims…more

Canada, Civil Claims, Claim Limitations, Employees, Employer Liability Issues

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The Financial Innovation Act: Regulations and Coming Into Force July 1, 2022

On June 7, 2022, the Government of Alberta published Order in Council 200/2022, under which the Lieutenant Governor in Council ordered that the Financial Innovation Act, SA 2022 c F-13 (FIA) be proclaimed into force on July 1,…more

Canada, Consumer Financial Products, Financial Instruments, Financial Services Industry, FinTech

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Court of Appeal Endorses Draconian Deterrent to Insurance Fraud

In Abbas v Esurance Insurance Company of Canada, 2023 ABCA 36 [Abbas], the Alberta Court of Appeal endorsed what it described as draconian consequences for insurance fraud as consistent with the Insurance Act, RSA 2000 c I-3 and…more

Canada, Fraud, Insurance Claims, Insurance Industry, Insurance Litigation

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Budget 2023 Proposes Significant Amendments to Canada's General Anti-Avoidance Rule

The 2023 Canadian Federal Budget, released March 28, 2023 (Budget 2023), proposes significant amendments to expand the application of Canada's general anti-avoidance rule (GAAR). These proposals come after the federal…more

Budgets, Canada, Federal Budget, Income Taxes, Legislative Agendas

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New Alberta Occupational Health and Safety Laws to Take Force December 1, 2021

On December 1, 2021, sweeping changes to Alberta's current occupational health and safety legislation will come into force. The new laws rectify many of the previous challenges that arose from ambiguous and overly prescriptive…more

Best Practices, Canada, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

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Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally…more

Arbitration, Arbitration Agreements, Arbitration Awards, Canada, Commercial Arbitration

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Canadian Hydrogen Convention 2024—Key Themes and Takeaways

Approximately 8,000 delegates (including energy executives, government officials and Indigenous leaders from Canada and around the world) attended the third annual Canadian Hydrogen Convention (CHC) which ran April 23 to 25 in…more

Canada, Clean Energy, Climate Change, Energy Projects, Energy Sector

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Restricted Zoning: The BCCA Confirms Powers to Enact Rental-Only Bylaws Under the Local Government Act

Last year, in V.I.T. Estates Ltd. v New Westminster (City), 2023 BCCA 183, the British Columbia Court of Appeal (BCCA) dismissed a challenge to a municipal bylaw that restricted zoning to residential rentals. The court found…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Accounting for Oil and Gas Revenues Without an Operating Agreement

In IFP Technologies (Canada) Inc v EnCana Midstream and Marketing, 2022 ABKB 807, the Court considered for the first time how to perform an accounting of profits from an oil and gas working interest between tenants in common…more

Canada, Energy Sector, Oil & Gas, Operating Agreements, Petroleum

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Greater Flexibility for Reporting Issuers: Access Equals Delivery

As an update to our blog post dated April 19, 2022, on January 11, 2024, the Canadian Securities Administration (CSA) published amendments implementing an "Access Equals Delivery" model (AED Model) to generally permit electronic…more

Canada, Canadian Securities Administration, Investment, Investors, Prospectus

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Much-Anticipated Guidance Released on Canada's Forced Labour Reporting Requirements

On December 20, 2023, Public Safety Canada issued long-awaited guidance that provides details of the reporting requirements introduced in the Fighting Against Forced Labour and Child Labour in Supply Chains Act (formerly Bill…more

Canada, Child Labor, Forced Labor, Human Rights, Labor Regulations

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Welcome to Bennett Jones' quarterly Fintech in Canada update, where our fintech lawyers address timely issues shaping the industry. We look at what industry participants need to know in the areas of financial regulation,…more

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Government of Canada Extends Mineral Exploration Tax Credit for Investors in Flow-Through Shares

On March 28, 2024, the federal government announced, amid market uncertainty, that it would be extending the 15 percent Mineral Exploration Tax Credit (METC) for investors in flow-through shares for one additional year, until…more

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A Failed Real Estate Deal—What's the Damage?

The Rosseau Group Inc. (Rosseau) was a real estate developer. Rosseau entered into an agreement of purchase and sale with 2528061 Ontario Inc. to buy land for development purposes. Once the land had been rezoned and subdivided,…more

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Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the…more

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Don’t Walk Away! Landlord Remedies on Lease Repudiation

Markets change. Situations change. Plans change. And in the face of change, tenants are often faced with future lease obligations that no longer suit their business plans. They need (or at least want) to change the deal with…more

Canada, Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms

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ISS and Glass Lewis Update 2024 Proxy Voting Guidelines

Glass, Lewis & Co (Glass Lewis) and Institutional Shareholder Services (ISS) have each released updates to their Canadian proxy voting guidelines for the 2024 proxy season. The Glass Lewis updates apply to shareholder meetings…more

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A New Chapter in Canada Ukraine Free Trade Opens with Modernized CUFTA

On March 19, 2024, Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine (the New CUFTA) received royal assent, introducing a modernized version of the Canada-Ukraine Free Trade Agreement…more

Canada, Economic Sanctions, Export Controls, Financial Transactions, Foreign Policy

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New Formaldehyde Standards on Composite Wood Products Imported into, Sold or Manufactured in Canada

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Industrial Property in Alberta: Considerations for Purchase and Lease

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Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Redwater Reigns: SKCA Affirms Redwater's Applicability After Failed CCAA

The Saskatchewan Court of Appeal has confirmed that the Supreme Court of Canada’s decision in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 [Redwater], applies in Saskatchewan.  The Court of Appeal also affirmed…more

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The Alternative Minimum Tax Goes Mainstream

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Ontario Superior Court Refuses to Enforce Crypto Giant’s "All-but-inaccessible" Arbitration Clause

In Lochan v Binance Holdings Limited, 2023 ONSC 6714 (Binance), the Ontario Superior Court dismissed a motion brought by Binance Holdings Limited (Binance), the world’s largest crypto trading platform, to stay a proposed class…more

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B.C. and Haida Nation Release Haida Title Lands Agreement

On March 28, 2024, British Columbia and the Council of the Haida Nation released the draft Gaayhllxid • Gíihlagalgang “Rising Tide” Haida Title Lands Agreement (“Draft Agreement”) which would recognize Haida Nation’s Aboriginal…more

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Upcoming Retail Payment Activities Act Regulation—Updates from the Bank of Canada

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Ontario Court Refuses to Certify Class Proceeding Relating to Newly-Prohibited Conduct Without "Some Evidence of Illegality"

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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