Bennett Jones LLP

Author

Latest Publications

Juliana Abdo

Public Works and Government Services Canada Integrity Clauses

This information circular provides an overview of the integrity provisions recently implemented by Public Works and Government Services Canada (“Public Works”), as they apply to real estate transactions across Canada (“Integrity…more

Canada, Contractors, Public Works, Real Estate Market

See All Updates »

Lisa K. Abe-Oldenburg

Australia Changes Privacy Act to Apply to Foreign Websites

Effective March 12, 2014, Australia will adopt new legislation which will require compliance by Canadian businesses that have a website and collect personal information from Australians, or have an Australian link. Software…more

Australia, Canada, Data Brokers, Privacy Laws, Websites

See All Updates »

Ranjan K. Agarwal

Human Rights Damages on the Rise?

In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario “reconsider its current approach to general damages awards in cases where discrimination is proven. The…more

Canada, Discrimination, Human Rights

See All Updates »

Peter Banks

Myth of Trial No Longer Governs: Alberta Embraces New Summary Judgment Test

Effecting a cultural shift, a new summary judgment test has been embraced by the Alberta Court of Appeal in Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 [Windsor]. This new test will make it easier to obtain summary…more

Canada, Summary Judgment

See All Updates »

Paul Barbeau

IIROC Proposes Guidance for Underwriting Due Diligence

The Investment Industry Regulatory Organization of Canada (IIROC) published proposed guidance on March 6, 2014, setting forth nine key principles for underwriting due diligence…more

Due Diligence, Private Offerings, Prospectus, Public Offerings, Underwriting

See All Updates »

Bruce Barker

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

See All Updates »

Artem N. Barsukov

Alberta Court says Air Cargo Liability Limits can be Broken

Cargo airlines operating in Alberta may soon find themselves training their front-line staff to ask more questions when dealing with individual consumers. Last month, the Provincial Court of Alberta released a decision in which…more

Air Cargo, Canada, Liability Insurance, Notice Requirements, Valuation

See All Updates »

James Bartlett

Federal, Ontario and BC Governments Announce New Securities Regulator

On September 19, 2013, the finance ministers of Canada, Ontario and British Columbia announced an agreement in principle to create a new securities regulator through a "cooperative capital markets regulatory system". …more

Canada, Financial Regulatory Reform, Securities

See All Updates »

Milos Barutciski

Canada’s Economic Sanctions Against Russia and the Ukraine

On March 17, 2014, Canada enacted economic sanctions against Russian and Ukrainian officials that have been identified as being responsible for undermining the sovereignty of Ukraine and facilitating Russian military action…more

Canada, Russia, Sanctions, Ukraine

See All Updates »

Harinder S. Basra

Prospectus Exemption for Distributions to Existing Security Holders

On March 13, 2014, Canadian securities regulators in all jurisdictions except Ontario and Newfoundland and Labrador adopted a prospectus exemption for issuers listed on the Toronto Stock Exchange (TSX), the TSX Venture Exchange…more

Exemptions, Ontario Securities Commission, Prospectus, Toronto Stock Exchange, TSX Venture Exchange

See All Updates »

John Batzel

Alberta Arbitration Board Considers Random Alcohol and Drug Testing in Closely Watched Case

An Alberta Arbitration Board has recently released its decision in the closely followed case of Unifor, Local 707A v Suncor Energy Inc regarding Suncor’s random drug and alcohol testing policy for safety sensitive union…more

See All Updates »

Thomas Bauer

Canada’s Federal Budget Does Not Address Cross-Border Income Trusts

The March 2013 Federal Budget did not contain any provisions aimed at cross-border income trusts (CBITs, also known as foreign asset income trusts, or FAITs). Mention was made, however, of a continued intention to implement the…more

Canada, Cross-Border Income Trusts, Federal Budget

See All Updates »

Gannon Beaulne

Supreme Court Narrows the Tort of Unlawful Interference with Economic Relations

Canadian courts have long struggled with the tort of unlawful interference with economic relations. This struggle has generated significant ambiguity in the case law—even the tort’s name was unsettled. However, on January 31,…more

Canada, SCC, Tortious Interference

See All Updates »

Sarah Becker

Inappropriate E-mail Use by Employees Can Constitute Cause for Dismissal

Increased usage and reliance on the Internet creates new challenges for both employees and an employer’s human resources department. In certain circumstances, employees can be fired for engaging in inappropriate Internet use at…more

Email, Hiring & Firing, Internet, Investigations, Just Cause

See All Updates »

Derek Bell

Sino-Forest: More Lessons as a Chapter Closes

On March 13, 2014 the Supreme Court of Canada dismissed applications for leave to appeal by a group of alleged former institutional shareholders of Sino-Forest Corporation. These institutions unsuccessfully sought leave to…more

Canada, CCAA, Commercial Bankruptcy, SCC, Shareholder Litigation

See All Updates »

Jonathan Bell

Sino-Forest: More Lessons as a Chapter Closes

On March 13, 2014 the Supreme Court of Canada dismissed applications for leave to appeal by a group of alleged former institutional shareholders of Sino-Forest Corporation. These institutions unsuccessfully sought leave to…more

Canada, CCAA, Commercial Bankruptcy, SCC, Shareholder Litigation

See All Updates »

Joan Bilsland

Host Liability, 9th Edition - Liability for Injuries Sustained by Employees, Clients or Others as a Result of Alcohol Intoxication

This booklet is intended as a basic guide to host liability, which is the potential for personal and corporate liability for injuries sustained by employees, clients and other persons as a result of alcohol intoxication. This…more

See All Updates »

Joseph Blinick

Plaintiffs Denied Leave in the Latest Decision under Part XXIII.1 of the Ontario Securities Act

In Bayens v Kinross Gold Corp, released November 5, 2013, Justice Paul Perell of the Ontario Superior Court of Justice denied the plaintiffs in a putative class action leave to advance a statutory claim for securities market…more

Canada, Ontario Securities Act

See All Updates »

Robert Booth

The Canadian Oil Sands: A Backgrounder

In this issue: - Preface - Current Issues in the Oil Sands - Introduction - Advantages of Investing in the Oil Sands - Challenges - Location and Extraction - Emerging…more

Canada, Oil & Gas, Oil Sands

See All Updates »

Scott H.D. Bower

Myth of Trial No Longer Governs: Alberta Embraces New Summary Judgment Test

Effecting a cultural shift, a new summary judgment test has been embraced by the Alberta Court of Appeal in Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 [Windsor]. This new test will make it easier to obtain summary…more

Canada, Summary Judgment

See All Updates »

Wally Braul

Petition Challenges Short-Term Water Approvals in B.C.

On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic…more

Canada, Environmental Policies, Fracking, Oil & Gas, Permits

See All Updates »

Kelly Bray

Changes to First Nations Consultation in Alberta

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on…more

Consultation, Disclosure Requirements, Funding, Jurisdiction, Levy

See All Updates »

Talia Bregman

Unpaid Internships in Ontario – Are They a Thing of the Past?

On March 28, 2014, two popular Canadian-based magazines, The Walrus and Toronto Life, brought their unpaid internship programs abruptly to an end after Ontario’s Ministry of Labour concluded that such programs were being run in…more

Canada, Internships, Unpaid Interns

See All Updates »

Denise Bright

Women on Boards and in Senior Management- OSC Releases Proposed Amendments Regarding Incremental Disclosures of Corporate Governance Practices

Women on Boards and in Senior Management - The Ontario Securities Commission (OSC) has published for comment proposed amendments to Form 58-101F1 of National Instrument 58-101 Disclosure of Corporate Governance Practices…more

Board of Directors, Canada, Corporate Governance, Diversity, Women in the Law

See All Updates »

Marie Buchinski

The National Energy Board’s New System of Administrative Monetary Penalties

On February 16, 2013, draft Administrative Monetary Penalties Regulations (AMP Regulations) were published in the Canada Gazette, Part I, setting out necessary details for a new enforcement tool in the form of administrative…more

AMP Regulations, Enforcement Actions, National Energy Board, New Regulations, Penalties

See All Updates »

Stephen D. Burns

Alberta’s Personal Information Protection Act Violates Charter

The Supreme Court of Canada has just held that the collective right to freedom of expression in a lawful strike situation trumps an individual’s right to control their information in a public setting, striking down the Alberta…more

Canada, Free Speech, Personally Identifiable Information, PIPA, SCC

See All Updates »

Tim Burns

Prospectus Exemption for Distributions to Existing Security Holders

On March 13, 2014, Canadian securities regulators in all jurisdictions except Ontario and Newfoundland and Labrador adopted a prospectus exemption for issuers listed on the Toronto Stock Exchange (TSX), the TSX Venture Exchange…more

Exemptions, Ontario Securities Commission, Prospectus, Toronto Stock Exchange, TSX Venture Exchange

See All Updates »

Duncan C. Card

IT Consulting Contract's Distinction With A Difference - Customers, Be Very Careful What You Ask For

One of the most important and fundamental aspects of every IT consulting agreement is also one of the greatest sources of legal misunderstanding and commercial risk for those transactions. Luckily, based on my experience, that…more

Consultants, Contract Drafting, IT Consultants

See All Updates »

Gavin Carscallen

The Canadian Oil Sands: A Backgrounder

In this issue: - Preface - Current Issues in the Oil Sands - Introduction - Advantages of Investing in the Oil Sands - Challenges - Location and Extraction - Emerging…more

Canada, Oil & Gas, Oil Sands

See All Updates »

Jeilah Chan

Canada Combats Counterfeiting with Bill C-56 (Copyright Act and the Trade-marks Act)

On March 1, 2013, the Government of Canada introduced Bill C-56 in the House of Commons (The Combating Counterfeit Products Act). Bill C-56 introduces a series of amendments to the Copyright Act and the Trade-marks Act,…more

ACTA, Copyright, Counterfeiting, Proposed Legislation, Trademarks

See All Updates »

Eric Chernin

OSC Adopts New Initiatives to Strengthen Enforcement

On March 11, 2014, the Ontario Securities Commission (OSC) issued Staff Notice 15-702 – Revised Credit for Cooperation Program (Staff Notice 15-702). Staff Notice 15-702 carries forward various existing codified or informal…more

Canada, Compliance, Enforcement, Enforcement Actions, Settlement

See All Updates »

Codie Chisholm

Share Purchase Transactions, Solicitor-Client Privilege and Multiple Representations: A Cautionary Tale for Corporate Counsel Case Commentary: NEP ULC v MEC Op Co LLC, 2013 ABQB 540

An interesting set of questions arises from share purchase transactions regarding the existence of, and parties to, the solicitor-client privilege over the correspondence between the parent, subsidiary and corporate counsel…more

Attorney-Client Privilege, Canada, Confidential Communications, Corporate Counsel, NEP

See All Updates »

Carl Cunningham

Unpaid Internships in Ontario – Are They a Thing of the Past?

On March 28, 2014, two popular Canadian-based magazines, The Walrus and Toronto Life, brought their unpaid internship programs abruptly to an end after Ontario’s Ministry of Labour concluded that such programs were being run in…more

Canada, Internships, Unpaid Interns

See All Updates »

Emrys Davis

Canadian Court Certifies Visa/Mastercard Class Action

In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first…more

Canada, Class Action, Credit Cards, MasterCard, Visa

See All Updates »

Carlo di Carlo

SCC to Consider Use of Criminal Wiretaps in Class Actions

On June 2012, the Supreme Court of Canada announced that it would hear appeals in two matters from Quebec (Imperial Oil v Simon Jacques and Couche-Tard Inc v Simon Jacques) that may determine whether and to what extent wire tap…more

Canada, Class Action, Price-Fixing, Wiretapping

See All Updates »

Melissa Dimilta

Bill C-31 Proposes Major Changes to Canada's Trade-marks Act

The Federal Government recently introduced Bill C-31, the Economic Action Plan Act 2014, No.1. Bill C-31 is an omnibus bill which makes changes to nearly 40 different pieces of legislation. Among these amendments are changes to…more

Canada, International Treaties, Madrid Protocol, Trademarks

See All Updates »

Richard Dion

Bennett Jones Fall 2013 Economic Outlook

This Economic Outlook has three sections. The first covers recent dynamics and short-term outlook for the world economy. The second presents a discussion of the context and conduct of US monetary policy in recent years and in…more

Canada, China, Economic Development, Economic Downturn, EU

See All Updates »

David A. Dodge O.C.

Bennett Jones Fall 2013 Economic Outlook

This Economic Outlook has three sections. The first covers recent dynamics and short-term outlook for the world economy. The second presents a discussion of the context and conduct of US monetary policy in recent years and in…more

Canada, China, Economic Development, Economic Downturn, EU

See All Updates »

Kyle H. Donnelly

Investment Canada Act and Competition Act Mandatory Review Thresholds For 2014

On January 20, 2014, the Competition Bureau announced the 2014 “size of transaction” pre-merger notification threshold would increase to $82 million; the 2013 threshold was $80 million…more

Canada, Competition Act, Investment Canada Act

See All Updates »

Michael Eizenga

Canadian Court Certifies Visa/Mastercard Class Action

In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first…more

Canada, Class Action, Credit Cards, MasterCard, Visa

See All Updates »

Nicholas Fader

Unsolicited Expressions of Interest may be Material Information Former Daylight CEO and ASC Settle Insider Trading Allegations

The Alberta Securities Commission (ASC) has entered into a settlement agreement with Anthony Lambert, the former CEO of Daylight Energy Ltd., following allegations by the ASC that Mr. Lambert violated provisions of the…more

Alberta Securities Commission, Canada, CEOs, Insider Trading, Settlement

See All Updates »

Alan Gardner

OSC Credit for Cooperation - Continued Uncertainty for Market Participants with Respect to Privilege

On March 13, 2014, the Ontario Securities Commission (OSC) released its revised Credit for Cooperation Program via OSC Staff Notice 15–702. As pointed out in our recent client update (OSC Adopts New Initiatives to Strengthen…more

Confidentiality Agreements, DOJ, Enforcement Actions, Market Participants, OSC

See All Updates »

Christian Gauthier

OSC Proposes Disclosure Requirements Regarding Women on Boards and in Senior Management

On July 30, 2013, the Ontario Securities Commission (OSC), released its proposal to require TSX-listed companies to provide disclosure with respect to women on boards and in senior management as set out in the OSC Staff…more

Board of Directors, Canada, Corporate Management, Disclosure Requirements, Gender Discrimination

See All Updates »

Juliamai Giffen

Prospectus Exemption for Distributions to Existing Security Holders

On March 13, 2014, Canadian securities regulators in all jurisdictions except Ontario and Newfoundland and Labrador adopted a prospectus exemption for issuers listed on the Toronto Stock Exchange (TSX), the TSX Venture Exchange…more

Exemptions, Ontario Securities Commission, Prospectus, Toronto Stock Exchange, TSX Venture Exchange

See All Updates »

Laura Gill

Petition Challenges Short-Term Water Approvals in B.C.

On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic…more

Canada, Environmental Policies, Fracking, Oil & Gas, Permits

See All Updates »

Brad Gilmour

Amendments to the Regulations Designating Physical Activities

On April 12, 2013, the Canadian Environmental Assessment Agency released its Draft Regulations Amending the Regulations Designating Physical Activities (the Amended Regulations). According to the Regulatory Impact Analysis…more

Amended Regulation, Canada, Environmental Policies

See All Updates »

J. Sébastien A. Gittens

Crowdfunding and Other New Prospectus Exemptions Proposed by the Ontario Securities Commission

On March 20, 2014, the Ontario Securities Commission (OSC) published for public comment four new prospectus exemptions intended to facilitate capital raising while maintaining investor protection. The proposed exemptions are..…more

Canada, Crowdfunding, OSC, Prospectus

See All Updates »

Jesse Goldman

Canada-Korea Free Trade Agreement: Breakthrough in Asian Trade

On March 11, 2014, Canadian Prime Minister Stephen Harper and South Korean President Park Geun-hye announced the conclusion of negotiations for a free trade agreement between Canada and South Korea. After nearly a decade of…more

Canada, Free Trade Agreement, Trade Policy

See All Updates »

Alison Gray

Alberta Court of Queen’s Bench Confirms Rectification Cannot Remedy Unanticipated Tax Consequences

The recent decision of the Court of Queen’s Bench of Alberta in Graymar Equipment (2008) Inc v Canada (Attorney General), 2014 ABQB 154 is an important reminder of the limited nature of the equitable remedy of rectification in…more

Canada, Equitable Relief, Tax Evasion, Tax Liability

See All Updates »

Donald E. Greenfield Q.C.

The Canadian Oil Sands: A Backgrounder

In this issue: - Preface - Current Issues in the Oil Sands - Introduction - Advantages of Investing in the Oil Sands - Challenges - Location and Extraction - Emerging…more

Canada, Oil & Gas, Oil Sands

See All Updates »

April Grosse

Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by…more

Canada, Chevron, Enforcement, Foreign Jurisdictions, Multinationals

See All Updates »

Tessa Guenther

Women on Boards and in Senior Management- OSC Releases Proposed Amendments Regarding Incremental Disclosures of Corporate Governance Practices

Women on Boards and in Senior Management - The Ontario Securities Commission (OSC) has published for comment proposed amendments to Form 58-101F1 of National Instrument 58-101 Disclosure of Corporate Governance Practices…more

Board of Directors, Canada, Corporate Governance, Diversity, Women in the Law

See All Updates »

Bryan Haynes

Sound Legal Advice Can Strengthen Your Business

In a recent article in The Globe and Mail, “Forget the fees, this is why businesses need sound legal advice,” Chris Griffiths discusses how sound legal advice can strengthen your business. …more

See All Updates »

Bonnie Headley

How the Madrid Protocol, Singapore Treaty and Nice Agreement Will Affect Trademark Owners

On January 27, 2014, a number of international intellectual property related treaties were tabled by the Canadian government. This is the first procedural step towards ratification and implementation. Once implemented, these…more

Canada, Patent Litigation, Trademark Litigation, Trademarks

See All Updates »

James Heelan, Q.C.

Does Demoting an Employee Equal Constructive Dismissal?

The British Columbia Supreme Court’s decision of Meyers v. Chevron Canada Limited, 2013 BCSC 420, demonstrates the uncertainty that can arise when predicting whether the conduct of an employer amounts to constructive dismissal…more

Adverse Employment Action, Canada, Constructive Discharge, Retaliation

See All Updates »

William B. Hembroff

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

See All Updates »

Ceilidh Hemmati

Employers Must Follow Privacy Protocols When Implementing Biometric Attendance Systems

In response to concerns about employee attendance and building security, some employers have chosen to implement biometric attendance systems in the workplace. These systems allow an employer to monitor employees’ work hours by…more

Attendance, Biometric Information, Employee Rights, Employer Liability Issues, Facial Recognition Technology

See All Updates »

Bruce Hibbard

Crowdfunding and Other New Prospectus Exemptions Proposed by the Ontario Securities Commission

On March 20, 2014, the Ontario Securities Commission (OSC) published for public comment four new prospectus exemptions intended to facilitate capital raising while maintaining investor protection. The proposed exemptions are..…more

Canada, Crowdfunding, OSC, Prospectus

See All Updates »

Tari M. Hiebert

October 1st Changes to Alberta’s OHS Regulation: Mining, Blasting and Hazardous Work Conditions

On October 1, 2013, amendments to Alberta’s Occupational Health and Safety Regulation (Regulation) come into force. In this post, we bring you the highlights. …more

Canada, Mining, OHSA, Workplace Hazards

See All Updates »

Eric Hoaken

There is a Border in Cross-Border Proceedings - NASDAQ Purchasers Excluded from Ontario Class in IMAX

Those who have been following the progress of the securities class action saga of Silver v. IMAX will be interested to note that another decision in the long-running case has been released. On March 19, Justice van Rensburg of…more

Canada, Class Action, Class Certification, Cross-Border, IMAX

See All Updates »

L.E. Trent Horne

Bill C-31 Proposes Major Changes to Canada's Trade-marks Act

The Federal Government recently introduced Bill C-31, the Economic Action Plan Act 2014, No.1. Bill C-31 is an omnibus bill which makes changes to nearly 40 different pieces of legislation. Among these amendments are changes to…more

Canada, International Treaties, Madrid Protocol, Trademarks

See All Updates »

Rebecca Huang

Superior Court of Justice Makes Unilateral Amendment to Plan of Distribution in Class Action Settlement Zaniewicz v Zungui Haixi Corporation

On August 27, 2013, Justice Perell of the Ontario Superior Court of Justice released a decision in Zaniewicz v Zungui Haixi Corporation approving a class action settlement, but which varied the proposed plan of distribution…more

Canada, Class Action, Distribution Rules, Settlement

See All Updates »

Randal T. Hughes

No More House Arrest for Competition Act Offenders as Amendments Enter into Force

On November 20, 2012, amendments to the sentencing provisions of the Criminal Code, introduced by Bill C-10, the Safe Streets and Communities Act, entered into force. The Safe Streets Act received Royal Assent on March 13, 2012…more

Safe Streets and Communities Act

See All Updates »

Dominique T. Hussey

The Supreme Court of Canada VIAGRA Case: 5 Messages Technology Businesses Should Receive

In a unanimous decision, the Supreme Court of Canada has provided valuable guidance to patent agents and litigators as to how Canadian patents will be read and enforced (Teva Canada Limited v Pfizer Canada Inc, 2012 SCC…more

See All Updates »

Jonathan Ip

OSC Adopts New Initiatives to Strengthen Enforcement

On March 11, 2014, the Ontario Securities Commission (OSC) issued Staff Notice 15-702 – Revised Credit for Cooperation Program (Staff Notice 15-702). Staff Notice 15-702 carries forward various existing codified or informal…more

Canada, Compliance, Enforcement, Enforcement Actions, Settlement

See All Updates »

Robert Irani

White House Proposes Measures to Deter Frivolous U.S. Patent Troll Litigation and Improve Patent Quality

On June 4, 2013, United States President Barack Obama announced in a White House press release, five executive actions and seven legislative recommendations aimed at deterring frivolous patent litigation and ensuring the…more

America Invents Act, Barack Obama, Non-Practicing Entities, Patent, Patent Assertion Entities

See All Updates »

Ilan Ishai

Ontario Court Certifies Class Action Relating to Allegedly Faulty Hip Implants

In a decision released on August 27, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action against DePuy Orthopaedics Inc. on behalf of persons who were surgically implanted with any one of two…more

Class Action, Design Defects, Failure To Warn, Manufacturing Defects, Medical Devices

See All Updates »

Greg Johnson

Canada’s Federal Budget Does Not Address Cross-Border Income Trusts

The March 2013 Federal Budget did not contain any provisions aimed at cross-border income trusts (CBITs, also known as foreign asset income trusts, or FAITs). Mention was made, however, of a continued intention to implement the…more

Canada, Cross-Border Income Trusts, Federal Budget

See All Updates »

Christiaan Jordaan

Supreme Court Revitalizes Summary Judgment to Foster Access to Justice

In a much-anticipated decision released on January 23, 2014, Hryniak v Maudlin, 2014 SCC 7, the Supreme Court of Canada articulated a new approach to summary judgment under Rule 20 of Ontario's Rules of Civil Procedure (RRO…more

Canada, SCC, Summary Judgment

See All Updates »

Adam Kalbfleisch

Investment Canada Act and Competition Act Mandatory Review Thresholds For 2014

On January 20, 2014, the Competition Bureau announced the 2014 “size of transaction” pre-merger notification threshold would increase to $82 million; the 2013 threshold was $80 million…more

Canada, Competition Act, Investment Canada Act

See All Updates »

Karen Keck

ISS Announces Key 2014 Draft Policy Updates

On October 21, 2013, Institutional Shareholder Services (ISS), an influential proxy advisory firm, released three proposed updates to its Canadian proxy voting guidelines. The proposed updates relate to director overboarding,…more

Audits, Board of Directors, Canada, ISS, Overboarding

See All Updates »

Claire M.C. Kennedy

Businesses Face More Onerous Transfer Pricing Documentation and Country-by-Country Tax Reporting

The OECD proposes to reform transfer pricing documentation for multinational enterprises and to impose onerous country-by-country (CbC) reporting obligations, including disclosure of taxes paid in each country in which a…more

Corporate Taxes, International Tax Issues, Multinationals, OECD, Transfer Pricing

See All Updates »

Krishna Koul

Saying You’re Right Isn’t Enough: Default Notices and Freehold Leases

Most freehold oil and gas leases in Canada require the lessor to provide the lessee with notice of an alleged default. The lessee then has a certain amount of time to remedy the default or commence proceedings for a judicial…more

Canada, Default, Leases, Notice Requirements, Off-Set Wells Clause

See All Updates »

Martin P.J. Kratz Q.C.

Norwich Orders and Copyright Trolls

The decision of the Federal Court in Voltage Pictures LLC v John Doe and Jane Doe, 2014 FC 161, provides insight into the collision of Norwich Orders, means used to identify unknown infringers, and the growing business model of…more

Copyright, Copyright Infringement, Copyright Trolls, Norwich Orders

See All Updates »

Brent W. Kraus

OSC Publishes Guide for Emerging Market Issuers

Canada is an attractive public market for emerging market issuers—issuers whose mind and management are largely outside of Canada and whose principal active operations are outside of Canada. The receptiveness of the Canadian…more

Emerging Markets, Ontario Securities Commission

See All Updates »

Matthew S. Kronby

Finally, Membership Will Have its Privileges: Canadian Investors Abroad to Benefit as Canada Joins ICSID

Canada has announced, on November 1, 2013, that it has ratified the ICSID Convention and will at long last become a member of the principal international rule-making and administrative body for disputes between investors and…more

Arbitration, Canada, Foreign Investment, ICSID, Investors

See All Updates »

Russell Kruger

Myth of Trial No Longer Governs: Alberta Embraces New Summary Judgment Test

Effecting a cultural shift, a new summary judgment test has been embraced by the Alberta Court of Appeal in Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 [Windsor]. This new test will make it easier to obtain summary…more

Canada, Summary Judgment

See All Updates »

Mathieu LaFleche

Departing Investment Advisors: An Update Since the Supreme Court's Decision in RBC v. Merrill Lynch

The Departure of an Investment Advisor - The departure of an investment advisor (IA) raises a number of serious and often conflicting considerations. For the IA, a departure could mean uncertainty in terms of earning a…more

Canada, Hiring & Firing, Investment Adviser, Merrill Lynch, Non-Compete Agreements

See All Updates »

Justin Lambert

OSC Credit for Cooperation - Continued Uncertainty for Market Participants with Respect to Privilege

On March 13, 2014, the Ontario Securities Commission (OSC) released its revised Credit for Cooperation Program via OSC Staff Notice 15–702. As pointed out in our recent client update (OSC Adopts New Initiatives to Strengthen…more

Confidentiality Agreements, DOJ, Enforcement Actions, Market Participants, OSC

See All Updates »

Jeffrey S. Leon

The Test for Leave under Part XXIII.1: Ambiguity Remains

Ontario's statutory regime for secondary market liability came into effect in 2006 as a result of amendments to the Securities Act (Ontario) (OSA), which created a statutory cause of action for deficient market disclosure. Part…more

Canada, Ontario Securities Act, Secondary Markets

See All Updates »

Stephen N. Libin

Avoiding Self-Incrimination in Canada: The Overlap of Criminal and Civil Proceedings Has a New Frontier

It is increasingly common for counsel to find themselves dealing with a civil action in which one party may be facing criminal or regulatory sanctions arising from the same events underlying the civil action. For example, a…more

Canadian Charter of Rights and Freedoms, Evidence, Self-Incrimination, Use-Immunity

See All Updates »

Andrew Little

Commercial Arbitration: Guidance from Canadian, US, UK and Australian Appellate Courts

Back in March, I wrote in this space that the Supreme Court of Canada had decided to hear a commercial arbitration case from British Columbia…more

Arbitration, Arbitration Agreements, Binding Arbitration, Canada, UK

See All Updates »

Kevin Lynch

The CSA Proposes a New Framework for Shareholder Rights Plans and Amendments to the Early Warning Reporting Regime

Last week, the Canadian Securities Administrators (CSA) published a proposed new regulatory framework for shareholder rights plans under National Instrument 62-105 Security Holder Rights Plans, and significant changes to…more

Bids, Canadian Securities Administration, Hostile Takeover, Reporting Requirements, Shareholder Rights

See All Updates »

David Macaulay

Changes to First Nations Consultation in Alberta

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on…more

Consultation, Disclosure Requirements, Funding, Jurisdiction, Levy

See All Updates »

Michelle MacGillivray

For The First Time, Ontario Superior Court Awards Human Rights Damages

In 2008, the Human Rights Code was amended to allow, amongst other things, civil claims for breaches of the Code. Though we often see plaintiffs alleging discrimination in the context of a wrongful dismissal or constructive…more

Canada, Damages, Human Rights, OSC

See All Updates »

Jared Mackey

Domestic Anti-Treaty-Shopping Proposals and Further Consultation Announced in Canada's Federal Budget 2014

In the Canadian Federal Budget released on February 11, 2014, the Department of Finance signaled its intention to enact a domestic treaty-shopping rule, generally allowing the Canada Revenue Agency (CRA) to deny treaty benefits…more

Canada, Foreign Investment, Multinationals, Proposed Legislation, Safe Harbors

See All Updates »

Patrick Maguire

The Canadian Oil Sands: A Backgrounder

In this issue: - Preface - Current Issues in the Oil Sands - Introduction - Advantages of Investing in the Oil Sands - Challenges - Location and Extraction - Emerging…more

Canada, Oil & Gas, Oil Sands

See All Updates »

Sandra Malcolm

Women on Boards and in Senior Management- OSC Releases Proposed Amendments Regarding Incremental Disclosures of Corporate Governance Practices

Women on Boards and in Senior Management - The Ontario Securities Commission (OSC) has published for comment proposed amendments to Form 58-101F1 of National Instrument 58-101 Disclosure of Corporate Governance Practices…more

Board of Directors, Canada, Corporate Governance, Diversity, Women in the Law

See All Updates »

S. Paul Mantini

Public Works and Government Services Canada Integrity Clauses

This information circular provides an overview of the integrity provisions recently implemented by Public Works and Government Services Canada (“Public Works”), as they apply to real estate transactions across Canada (“Integrity…more

Canada, Contractors, Public Works, Real Estate Market

See All Updates »

Gabrielle Maunier

Legal Privilege - September 2013

This guide to solicitor-client privilege and litigation privilege does not replace specific legal advice. Legal Privilege - Privilege provides special protection that exempts certain documents and other forms of…more

Attorney-Client Privilege, Canada, Corporate Counsel, Litigation Privilege

See All Updates »

James McClary

Securities Regulation: The Supreme Court of Canada Speaks Again

The Supreme Court of Canada recently issued its decision in McLean v British Columbia (Securities Commission). The case is the first by the Court to address inter-provincial cooperation in relation to securities…more

British Columbia Securities Commission, Canada, Extraterritoriality Rules, Limitation Periods, Ontario Securities Commission

See All Updates »

Robert McCue

March 2013 Federal Budget Provisions Concerning Pipeline Abandonment Trusts

Overview - The March 21, 2013 Federal Budget changed the tax law applicable to the pipeline abandonment trust (Trust) structure that has been submitted to the National Energy Board (NEB) as the proposed mechanism for…more

Canada, National Energy Board, Pipeline Abandonment Trusts, Pipelines

See All Updates »

David McGillivray

Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013

On August 16, 2013, the Government of Alberta ("Alberta") released its Policy on Consultation with First Nations on Natural Resource Management, 2013 (the "Policy"). The Policy is the product of extensive consultation with First…more

Canada, Consultation, First Nations, Jurisdiction, Transparency

See All Updates »

David McKinnon

Good News for Corporate Plaintiffs in Alberta?

A defendant seeking a security for costs order against a corporate plaintiff faces a more stringent test than other defendants, the Alberta Court of Queen’s Bench recently held in Amex Electrical Ltd v 726934 Alberta Ltd, 2014…more

Business Corporation Act, Canada, Residency Status

See All Updates »

Amanda McLachlan

The Rise of Employment Class Actions?

As we discussed in an earlier blog post, a class action alleging BMO Nesbitt Burns failed to pay overtime to its current and former investment advisors was certified in August 2013. Rosen is the first certified class action…more

Canada, Class Action, Class Certification, Unpaid Overtime

See All Updates »

E. Bruce Mellett

Interference with Economic Relations by Unlawful Means - The SCC Clarifies Unsettled Tort and Gives a Warning to Fiduciaries

In the recent case of AI Enterprises Ltd v Bram Enterprises Ltd, 2014 SCC 12, the Supreme Court of Canada clarifies the unsettled scope of the tort of unlawful interference with economic relations and warns fiduciaries of the…more

Canada, Interference Claims, Interpretive Opinions

See All Updates »

Jennifer A. Miller

October 1st Changes to Alberta’s OHS Regulation: Mining, Blasting and Hazardous Work Conditions

On October 1, 2013, amendments to Alberta’s Occupational Health and Safety Regulation (Regulation) come into force. In this post, we bring you the highlights. …more

Canada, Mining, OHSA, Workplace Hazards

See All Updates »

Darcy Moch

Domestic Anti-Treaty-Shopping Proposals and Further Consultation Announced in Canada's Federal Budget 2014

In the Canadian Federal Budget released on February 11, 2014, the Department of Finance signaled its intention to enact a domestic treaty-shopping rule, generally allowing the Canada Revenue Agency (CRA) to deny treaty benefits…more

Canada, Foreign Investment, Multinationals, Proposed Legislation, Safe Harbors

See All Updates »

Adrienne Moore

OSC Proposes Disclosure Requirements Regarding Women on Boards and in Senior Management

On July 30, 2013, the Ontario Securities Commission (OSC), released its proposal to require TSX-listed companies to provide disclosure with respect to women on boards and in senior management as set out in the OSC Staff…more

Board of Directors, Canada, Corporate Management, Disclosure Requirements, Gender Discrimination

See All Updates »

Lucas Morrison

The Canadian Oil Sands: A Backgrounder

In this issue: - Preface - Current Issues in the Oil Sands - Introduction - Advantages of Investing in the Oil Sands - Challenges - Location and Extraction - Emerging…more

Canada, Oil & Gas, Oil Sands

See All Updates »

Shawn Munro

Logging Company Awarded $1.75 million for B.C. Government's Failure to Consult

A recent decision of the B.C. Supreme Court suggests that recovering economic losses caused by blockades or activities that interfere with commercial activities will not be straightforward…more

Breach of Contract, Canada, First Nations, Indigenous Peoples, Logging

See All Updates »

Laura A. Murray

Canada’s Economic Sanctions Against Russia and the Ukraine

On March 17, 2014, Canada enacted economic sanctions against Russian and Ukrainian officials that have been identified as being responsible for undermining the sovereignty of Ukraine and facilitating Russian military action…more

Canada, Russia, Sanctions, Ukraine

See All Updates »

Michael Mysak

Share Purchase Transactions, Solicitor-Client Privilege and Multiple Representations: A Cautionary Tale for Corporate Counsel Case Commentary: NEP ULC v MEC Op Co LLC, 2013 ABQB 540

An interesting set of questions arises from share purchase transactions regarding the existence of, and parties to, the solicitor-client privilege over the correspondence between the parent, subsidiary and corporate counsel…more

Attorney-Client Privilege, Canada, Confidential Communications, Corporate Counsel, NEP

See All Updates »

Anu Nijhawan

Alberta Flood 2013: CRA Extends Tax Filing Deadlines and Offers Guidance to Taxpayers

While the immediate business disruptions resulting from the recent flooding in Southern Alberta have, to some extent, been dealt with, the hard work of rebuilding has only just begun…more

Canada, Filing Deadlines, Flooding, Income Taxes, Property Damage

See All Updates »

Matthew Olson

Damages Awarded Against Underwriter for Failing to Complete a Bought Deal

The Ontario Superior Court of Justice recently awarded damages of just over $16 million against Thomas Weisel Partners Canada Inc. (now Stifel Nicolaus Canada Inc.) for failing to close on a bought deal private placement…more

Bought Deal Letters, Bought Deals, Canada, Damages, Private Placements

See All Updates »

Richard Orzy

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans versus…more

Bonds, CCAA, Constructive Trusts, Creditors, Debtors

See All Updates »

William Osler

TSX-Listed Companies Face Mandatory Majority Voting for Director Elections

The Toronto Stock Exchange has approved amendments to the TSX Company Manual relating to director elections. Under the amendments, which come into effect on June 30, 2014..…more

Board of Directors, Canada, Majority Voting Policies, Stocks

See All Updates »

Sheena Owens

Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by…more

Canada, Chevron, Enforcement, Foreign Jurisdictions, Multinationals

See All Updates »

Vasilis Pappas

Finally, Membership Will Have its Privileges: Canadian Investors Abroad to Benefit as Canada Joins ICSID

Canada has announced, on November 1, 2013, that it has ratified the ICSID Convention and will at long last become a member of the principal international rule-making and administrative body for disputes between investors and…more

Arbitration, Canada, Foreign Investment, ICSID, Investors

See All Updates »

Christopher Pardell

Contracting around the Hague Convention on Service of Process

When negotiating contracts with international parties, counsel should consider how their clients would, if necessary, serve judicial documents on counterparties based outside of Canada. The Hague Convention on the Service Abroad…more

Canada, Contract Drafting, Contract Formation, Hague Convention, Negotiations

See All Updates »

Michael Paris

Third-Party Funding Gains Traction in Ontario Class Actions

Ontario class counsel are increasingly entering into third-party funding arrangements to hedge against the risks of adverse costs awards. The practice was recently reviewed and summarized by Justice Perell in Bayens v. Kinross…more

Attorney's Fees, Canada, Class Action, Funding, Third-Party

See All Updates »

Ashley Paterson

Arora v. Whirlpool: The Case of Smelly Washing Machines

Smelly washing machines were at the center of a recent decision of the Ontario Court of Appeal. In Arora v. Whirlpool Canada LP, the plaintiffs all bought Whirlpool front-loading washing machines. The early models of these…more

Class Action, Competition Act, Design Defects, Diminution in Value, Manufacturing Defects

See All Updates »

Darrel H. Pearson

CBSA Transforms Client Outreach

The Canada Border Services Agency quietly used the summer snooze period to quietly float a transformation of client outreach to importers that were paying attention. In its Customs Notice 13-017, it notified the importing…more

Border Security, CBSA, Customs and Border Protection

See All Updates »

David Phillips

IIROC Proposes Guidance for Underwriting Due Diligence

The Investment Industry Regulatory Organization of Canada (IIROC) published proposed guidance on March 6, 2014, setting forth nine key principles for underwriting due diligence…more

Due Diligence, Private Offerings, Prospectus, Public Offerings, Underwriting

See All Updates »

Cassia Prentice

Changes to First Nations Consultation in Alberta

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on…more

Consultation, Disclosure Requirements, Funding, Jurisdiction, Levy

See All Updates »

Domenic Puglia

Settlement Privilege, Limitation Periods and the Meaning of Without Prejudice

In Bellatrix Exploration Ltd. v Penn West Petroleum Ltd., 2013 ABCA 10, the Alberta Court of Appeal explains the key principles of settlement privilege and confirms the important protection this provides. The Court addresses…more

Attorney-Client Privilege, Canada, Limitation Periods, Litigation Privilege, Privilege Waivers

See All Updates »

Jessica S. Ramdin

Alberta’s New Pension Legislation: Bill 10, the Employment Pension Plans Act

Bill 10, the proposed new Employment Pension Plans Act (EPPA), was introduced in the Alberta legislature on October 25, 2012, and passed third reading on November 20, 2012. Although the new Act has been passed, it will not…more

Employee Benefits, Pensions

See All Updates »

Aaron Rankin

Interference with Economic Relations by Unlawful Means - The SCC Clarifies Unsettled Tort and Gives a Warning to Fiduciaries

In the recent case of AI Enterprises Ltd v Bram Enterprises Ltd, 2014 SCC 12, the Supreme Court of Canada clarifies the unsettled scope of the tort of unlawful interference with economic relations and warns fiduciaries of the…more

Canada, Interference Claims, Interpretive Opinions

See All Updates »

Barry Reiter

Crowdfunding and Other New Prospectus Exemptions Proposed by the Ontario Securities Commission

On March 20, 2014, the Ontario Securities Commission (OSC) published for public comment four new prospectus exemptions intended to facilitate capital raising while maintaining investor protection. The proposed exemptions are..…more

Canada, Crowdfunding, OSC, Prospectus

See All Updates »

Y. Beth Riley

Proposed Prospectus Exemption for Distributions to Existing Security Holders of TSXV Issuers

On November 21, 2013, Canadian securities regulators in all jurisdictions but Ontario and Newfoundland and Labrador published for comment a proposed prospectus exemption for issuers listed on the TSX Venture Exchange (TSXV…more

Canada, Canadian Securities Administration, Prospectus, TSX Venture Exchange

See All Updates »

John Rook

Canada's Supreme Court Opens the Door to Indirect Purchaser Class Actions

On October 31, 2013, the Supreme Court of Canada released three decisions which many commentators had predicted would be the most critical antitrust class action decisions in recent memory. The Supreme Court did not disappoint…more

Canada, Class Action, Class Certification, Competition, Indirect Purchasers

See All Updates »

Alexander Rozmus

Modernizing Liability for Offshore Oil & Gas Explorations and Operations

This past June, the government of Canada announced plans to implement legislative changes to the four principle Acts which govern oil and gas activities in the Atlantic offshore and Arctic: the Canadian Petroleum Resources Act…more

Canada, CPRA, Energy Exploration, Liability, Oil & Gas

See All Updates »

Raj Sahni

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans versus…more

Bonds, CCAA, Constructive Trusts, Creditors, Debtors

See All Updates »

Julia Schatz

Ontario Court Certifies Class Action Relating to Allegedly Faulty Hip Implants

In a decision released on August 27, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action against DePuy Orthopaedics Inc. on behalf of persons who were surgically implanted with any one of two…more

Class Action, Design Defects, Failure To Warn, Manufacturing Defects, Medical Devices

See All Updates »

Susan G. Seller

Alberta’s New Pension Legislation: Bill 10, the Employment Pension Plans Act

Bill 10, the proposed new Employment Pension Plans Act (EPPA), was introduced in the Alberta legislature on October 25, 2012, and passed third reading on November 20, 2012. Although the new Act has been passed, it will not…more

Employee Benefits, Pensions

See All Updates »

Michael Sestito

October 1st Changes to Alberta’s OHS Regulation: Mining, Blasting and Hazardous Work Conditions

On October 1, 2013, amendments to Alberta’s Occupational Health and Safety Regulation (Regulation) come into force. In this post, we bring you the highlights. …more

Canada, Mining, OHSA, Workplace Hazards

See All Updates »

Michelle Seto

Public Works and Government Services Canada Integrity Clauses

This information circular provides an overview of the integrity provisions recently implemented by Public Works and Government Services Canada (“Public Works”), as they apply to real estate transactions across Canada (“Integrity…more

Canada, Contractors, Public Works, Real Estate Market

See All Updates »

Usman Sheikh

Securities Regulation: The Supreme Court of Canada Speaks Again

The Supreme Court of Canada recently issued its decision in McLean v British Columbia (Securities Commission). The case is the first by the Court to address inter-provincial cooperation in relation to securities…more

British Columbia Securities Commission, Canada, Extraterritoriality Rules, Limitation Periods, Ontario Securities Commission

See All Updates »

Chris Simard

Indemnification Claims Under the CCAA A - Caution for Underwriters, Auditors, Directors and Others

Indemnification clauses are often considered a critical component of risk mitigation strategies in legal relationships. However, as is well understood, the value of an indemnification clause, in the event it becomes applicable,…more

Auditors, CCAA, Directors, Equity Claims, Indemnification Clauses

See All Updates »

Lawrence Smith

The National Energy Board’s New System of Administrative Monetary Penalties

On February 16, 2013, draft Administrative Monetary Penalties Regulations (AMP Regulations) were published in the Canada Gazette, Part I, setting out necessary details for a new enforcement tool in the form of administrative…more

AMP Regulations, Enforcement Actions, National Energy Board, New Regulations, Penalties

See All Updates »

Gary Solway

Crowdfunding and Other New Prospectus Exemptions Proposed by the Ontario Securities Commission

On March 20, 2014, the Ontario Securities Commission (OSC) published for public comment four new prospectus exemptions intended to facilitate capital raising while maintaining investor protection. The proposed exemptions are..…more

Canada, Crowdfunding, OSC, Prospectus

See All Updates »

Martin Sorensen

SCC Confirms the Ability of Taxpayers to Seek Rectification to Remedy Errors that May Impact Tax Positions

Uninteded tax consequences of a contract can be avoided by rectification, the Supreme Court of Canada ruled in Québec v Services Environnementaux AES inc., 2013 SCC 65 (AES). …more

Canada, SCC, Tax Deferral, Tax Liability

See All Updates »

Robert Staley

Canadian Court Certifies Visa/Mastercard Class Action

In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first…more

Canada, Class Action, Credit Cards, MasterCard, Visa

See All Updates »

Barbara Stratton

Inappropriate E-mail Use by Employees Can Constitute Cause for Dismissal

Increased usage and reliance on the Internet creates new challenges for both employees and an employer’s human resources department. In certain circumstances, employees can be fired for engaging in inappropriate Internet use at…more

Email, Hiring & Firing, Internet, Investigations, Just Cause

See All Updates »

Christopher Straub

Unsolicited Expressions of Interest may be Material Information Former Daylight CEO and ASC Settle Insider Trading Allegations

The Alberta Securities Commission (ASC) has entered into a settlement agreement with Anthony Lambert, the former CEO of Daylight Energy Ltd., following allegations by the ASC that Mr. Lambert violated provisions of the…more

Alberta Securities Commission, Canada, CEOs, Insider Trading, Settlement

See All Updates »

Donald Sullivan

CSA Proposes Amendments to Accredited Investor and Minimum Amount Investment Prospectus Exemptions

On February 27, 2014, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 45-106 Prospectus and Registration Exemptions. The proposed amendments, if adopted, would…more

Canada, Canadian Securities Administration, Foreign Investment, Prospectus

See All Updates »

Alexis Teasdale

Technology Licenses in the Context of a Licensor's Bankruptcy and Insolvency

Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts…more

Amended Legislation, Canada, Insolvency, License Agreements, Licenses

See All Updates »

Michael Theroux

Petition Challenges Short-Term Water Approvals in B.C.

On November 13, 2013, two environmental organizations filed a petition that challenges the lawfulness of the BC Oil and Gas Commission’s (OGC) practice in granting approvals for the short-term use of water in hydraulic…more

Canada, Environmental Policies, Fracking, Oil & Gas, Permits

See All Updates »

Kirsten Thoreson

Supreme Court of Canada Clarifies “Success for One Means Success for All”

On January 16, the Supreme Court of Canada released its first decision of 2014. The decision in Vivendi Canada Inc. v Dell’Aniello addressed a Québec action that sought to be authorized as a class action. Justices LeBel and…more

Canada, Class Action, Class Certification

See All Updates »

Ciara Toole

Change to Alberta Court Rules Eases Service Under Hague Convention

A new Alberta Court Rule seeks to avoid an unfortunate implication that courts have read into the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters. Effective July…more

Canada, Hague Convention, Human Rights, Service of Process

See All Updates »

Jon Truswell

CSA Proposes Amendments to Accredited Investor and Minimum Amount Investment Prospectus Exemptions

On February 27, 2014, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 45-106 Prospectus and Registration Exemptions. The proposed amendments, if adopted, would…more

Canada, Canadian Securities Administration, Foreign Investment, Prospectus

See All Updates »

Joanne Vandale

SCC Confirms the Ability of Taxpayers to Seek Rectification to Remedy Errors that May Impact Tax Positions

Uninteded tax consequences of a contract can be avoided by rectification, the Supreme Court of Canada ruled in Québec v Services Environnementaux AES inc., 2013 SCC 65 (AES). …more

Canada, SCC, Tax Deferral, Tax Liability

See All Updates »

Maureen Ward

CFPOA Bribery Fine of $10.3 million Imposed on Canadian Company

Griffiths Energy International Inc. (GEI) pleaded guilty on January 22, 2013, to one charge of bribing a foreign official contrary to the Canadian Corruption of Foreign Public Officials Act (CFPOA). This is the third conviction…more

Anti-Corruption, Bribery, CFPOA, Due Diligence, Foreign Official

See All Updates »

Vivek Warrier

The Canadian Oil Sands: A Backgrounder

In this issue: - Preface - Current Issues in the Oil Sands - Introduction - Advantages of Investing in the Oil Sands - Challenges - Location and Extraction - Emerging…more

Canada, Oil & Gas, Oil Sands

See All Updates »

John M. Weekes

Bennett Jones Fall 2013 Economic Outlook

This Economic Outlook has three sections. The first covers recent dynamics and short-term outlook for the world economy. The second presents a discussion of the context and conduct of US monetary policy in recent years and in…more

Canada, China, Economic Development, Economic Downturn, EU

See All Updates »

Michael Whitt Q.C.

Interview with Michael Whitt Q.C. on his new Flipboard Magazine

Bennett Jones consistently tries to find new ways to inform, engage and provide clients with interesting content that may be of interest to their area of business. With an ever-increasing use of mobile technology, finding…more

Client Services, Interviews, Mobile Services

See All Updates »

Peter Wong

SCC Protects the Confidentiality of Settlement Amounts to Promote Settlement in Multi-Party Lawsuits

A recent decision of the Supreme Court of Canada has ruled that in a multi-party lawsuit, a plaintiff that settles with only some defendants can keep the settlement amounts confidential from the non-settling defendants, at least…more

Canada, Confidentiality, Multi-Party Litigation, Settlement

See All Updates »

Tommy C.Y. Wong

Proposed Prospectus Exemption for Distributions to Existing Security Holders of TSXV Issuers

On November 21, 2013, Canadian securities regulators in all jurisdictions but Ontario and Newfoundland and Labrador published for comment a proposed prospectus exemption for issuers listed on the TSX Venture Exchange (TSXV…more

Canada, Canadian Securities Administration, Prospectus, TSX Venture Exchange

See All Updates »

Jason Woycheshyn

Shareholders Have an Absolute Right to an Auditor and to Audited Financial Statements - Financial Hardship is Irrelevant, Says B.C. Court of Appeal

In a decision released on January 29, 2014, the B.C. Court of Appeal ruled that companies incorporated under the Canada Business Corporations Act must, by operation of law, appoint an auditor, and thereafter produce annual…more

Audits, Shareholder Litigation, Shareholder Rights, Shareholders

See All Updates »

Edward (Ted) Yoo

The Supreme Court of Canada VIAGRA Case: 5 Messages Technology Businesses Should Receive

In a unanimous decision, the Supreme Court of Canada has provided valuable guidance to patent agents and litigators as to how Canadian patents will be read and enforced (Teva Canada Limited v Pfizer Canada Inc, 2012 SCC…more

See All Updates »

Kevin Zych

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans versus…more

Bonds, CCAA, Constructive Trusts, Creditors, Debtors

See All Updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.