Bennett Jones LLP

4500 Bankers Hall East 855 2nd Street SW
Calgary, Alberta T2P 4K7 , Canada

Contact: Jon Holden, Manager, Marketing Communications

  • 403.298.3100
  • 403.265.7219

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 »

New Prepaid Payment and Promotional Product Regulations in Canada

On May 1, 2014, Canada’s Prepaid Payment Products Regulations came into force. The new regulations apply to all prepaid payment products and promotional products, whether physical or electronic, issued in Canada by federally…more

Canada, FCAC, National Bank Act, New Regulations, Prepaid Payment Products

See All Updates »

Supreme Court Grants Leave to Appeal in Securities Class Actions

The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust…more

Appeals, Canada, Class Action, Securities Litigation

See All Updates »

Medical Marijuana in the Workplace: What Employers Need to Know

The Marihuana for Medical Purposes Regulations that became effective on April 1, 2014, could substantially increase the number of Canadians who are using lawfully prescribed medical marijuana. As the number of prescribed users…more

Canada, Employee Rights, Employer Liability Issues, Marijuana, Medical Marijuana

See All Updates »

The Legal Perspective on Technical Documents in the Construction Industry

A lawyer adds value to a project by applying his or her unique knowledge of legal principles and industry experience to the particular circumstances of a client’s business. In the construction industry, the substance of…more

Construction Contracts, Contract Drafting, Contractors, General Contractors, Scope of Work

See All Updates »

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 »

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 »

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 »

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 »

Saskatchewan and New Brunswick join Cooperative Capital Markets Regulatory System

On July 9, 2014, Canada's Minister of Finance announced that Saskatchewan and New Brunswick have agreed to join the Cooperative Capital Markets Regulatory System that has been proposed by the governments of Canada, British…more

Canada, Capital Markets, Securities

See All Updates »

Canada and the EU Complete Trade Treaty Negotiation

On August 5, 2014, Canada and the European Union (EU) announced that they have completed negotiation of the Comprehensive Economic and Trade Agreement (CETA). The announcement puts to rest extended speculation about whether a…more

Canada, CETA, EU, Trade Agreements, Trade Policy

See All Updates »

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 »

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 »

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 »

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 »

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 »

Alberta Court of Appeal Considers the Duty to Accommodate Probationary Employees

In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The…more

Arbitration Awards, Canada, Disability, Hiring & Firing, Judicial Review

See All Updates »

A Second Opinion on Fairness Opinions in Commercial Arrangements - Champion Iron Called Into Question by Bear Lake and Royal Host

Decisions on corporate plans of arrangement tend to be of two varieties. Most are fairly straightforward decisions, where the applicant proves that it complied with the interim order already issued by the court, shows that a…more

Canada, Fairness Hearings, Schemes of Arrangement, Shareholder Litigation, Shareholders

See All Updates »

Supreme Court Grants Leave to Appeal in Securities Class Actions

The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust…more

Appeals, Canada, Class Action, Securities Litigation

See All Updates »

Supreme Court Grants Leave to Appeal in Securities Class Actions

The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust…more

Appeals, Canada, Class Action, Securities Litigation

See All Updates »

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 »

New OHRC Policy Provides Practical Guidance to Employers

It is estimated that one in five Canadians will experience a mental health disability or addiction in their lifetime. In light of this staggering statistic, employers are often faced with the challenging task of identifying and…more

Canada, Discrimination, Employer Liability Issues, Healthcare, Mental Health

See All Updates »

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 »

Regulatory Proceedings and Litigation Privilege: ‘Zone of Privacy’ Bolstered in Alberta

Litigation privilege applies to regulatory proceedings where the consequences of the proceedings are significant, and the privilege cannot be excluded by statute without express and clear language, the Alberta Court of Appeal…more

Appeals, Canada, Litigation Privilege

See All Updates »

Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in…more

Aboriginal Issues, Canada, Takings, Treaties

See All Updates »

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 »

Recent Ontario Decision Casts Doubt on Statutory Severance Pay Threshold

In Ontario, employees are entitled to notice of termination or pay in lieu of notice of termination in accordance with the Employment Standards Act, 2000 (the “ESA”). In addition, employees with five years of service or more who…more

Canada, Employer Liability Issues, Employment Standards Act, Hiring & Firing, Notice Requirements

See All Updates »

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 »

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 »

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 »

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 »

Tax Effective Use by Canadian Online Retailers of Bermuda Operations for International Expansion - 2011 Canada-Bermuda Tax Information Exchange Agreement

E-tail Foreign Market Opportunity - The growth of online retail sales has globally outstripped the growth of all other retail channels, including during the last recession. For example, in England during 2012, it has been…more

Canada, E-Commerce, International Tax Issues, Internet, Internet Taxation

See All Updates »

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 »

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 »

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 »

Restoring the Duty of Care Analysis to Negligence Claims in Third-party Proceedings

The Alberta Court of Appeal has provided some helpful guidance on the scope of third-party claims in O’Connor Associates Environmental Inc v MEC OP LLC, 2014 ABCA 140, narrowing the scope and application of the decision of…more

Duty of Care, Negligence, Third-Party Liability

See All Updates »

Does Your Alberta-related Deal Trigger Foreign Ownership of Land Regulations?

There is no doubt that the Agricultural and Recreational Land Ownership Act and Foreign Ownership of Land Regulations are a mouthful, but they may not always be top of mind when considering buying or leasing land in Alberta, and…more

Canada, Commercial Real Estate Contracts, Corporate Sales Transactions, Foreign Investment, Stock Sale Agreements

See All Updates »

Medical Marijuana in the Workplace: What Employers Need to Know

The Marihuana for Medical Purposes Regulations that became effective on April 1, 2014, could substantially increase the number of Canadians who are using lawfully prescribed medical marijuana. As the number of prescribed users…more

Canada, Employee Rights, Employer Liability Issues, Marijuana, Medical Marijuana

See All Updates »

Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in…more

Aboriginal Issues, Canada, Takings, Treaties

See All Updates »

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 Inc

See All Updates »

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 »

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 »

Bennett Jones Spring 2014 Economic Outlook

While the geo-political landscape has changed somewhat since our November 2013 Economic Outlook, the outlook for global economic growth has not changed much. We continue to project real global growth of about 3.5 percent in each…more

Economic Development, Global Economy

See All Updates »

Bennett Jones Spring 2014 Economic Outlook

While the geo-political landscape has changed somewhat since our November 2013 Economic Outlook, the outlook for global economic growth has not changed much. We continue to project real global growth of about 3.5 percent in each…more

Economic Development, Global Economy

See All Updates »

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 »

Supreme Court Grants Leave to Appeal in Securities Class Actions

The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust…more

Appeals, Canada, Class Action, Securities Litigation

See All Updates »

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 »

Six Considerations for Rent Arbitration Clauses in Commercial Leases

When a commercial tenant exercises an option to renew a lease it is imperative that the landlord and tenant have effective mechanisms in place to determine the rent for the renewal term. Ideally both parties will agree on the…more

Appraisal Clauses, Arbitration, Commercial Leases, Commercial Tenants, Fair Market Value

See All Updates »

Judge Rakoff Overturned: SEC-Citigroup Settlement Sent Back for Reconsideration

In a long-awaited decision, the United States Court of Appeals for the Second Circuit today overturned Judge Rakoff's highly controversial decision which refused to approve a $285-million settlement between the United States…more

Chevron Deference, Citigroup, Collateralized Debt Obligations, Consent Decrees, Enforcement

See All Updates »

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 »

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 »

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress…more

Canada, Energy, Land Owners, Mineral Leases, Mineral Rights

See All Updates »

Alberta Court of Appeal Considers the Duty to Accommodate Probationary Employees

In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The…more

Arbitration Awards, Canada, Disability, Hiring & Firing, Judicial Review

See All Updates »

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 »

Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several…more

Canada, CASL, Commercial Electronic Messages, CRTC, Non-Profits

See All Updates »

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 »

CRA Required to Reassess in Accordance with Terms of Settlement

The recent decision in Bolton Steel Tube Co. Ltd. v. The Queen, 2014 TCC 94, confirms that the CRA is required to reassess a taxpayer in accordance with terms of settlement. In its decision, the Tax Court provides useful…more

Canada, CRA, Settlement, Tax Court

See All Updates »

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 »

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 »

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 »

Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several…more

Canada, CASL, Commercial Electronic Messages, CRTC, Non-Profits

See All Updates »

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 »

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 »

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 »

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 »

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 »

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 »

Oil & Gas, Mines & Minerals – Security under the Alberta Builders’ Lien Act

When registered in accordance with the Alberta Builders’ Lien Act (BLA), a builders’ lien provides security for unpaid contractors, labourers and suppliers who have “improved” lands. This includes those providing materials or…more

Canada, Contractors, Liens, Minerals, Mining

See All Updates »

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 »

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 »

Canada and the EU Complete Trade Treaty Negotiation

On August 5, 2014, Canada and the European Union (EU) announced that they have completed negotiation of the Comprehensive Economic and Trade Agreement (CETA). The announcement puts to rest extended speculation about whether a…more

Canada, CETA, EU, Trade Agreements, Trade Policy

See All Updates »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

Revised CRA Policy Heralds Focus on Contemporaneous Transfer Pricing Documentation

CRA released an updated transfer pricing memorandum, TPM-05R, Requests for Contemporaneous Documentation, in March, which describes the procedural aspects of transfer pricing documentation requirements in substantially more…more

Compliance, CRA, Transfer Pricing, Transfers

See All Updates »

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 »

Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several…more

Canada, CASL, Commercial Electronic Messages, CRTC, Non-Profits

See All Updates »

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 »

Canada and the EU Complete Trade Treaty Negotiation

On August 5, 2014, Canada and the European Union (EU) announced that they have completed negotiation of the Comprehensive Economic and Trade Agreement (CETA). The announcement puts to rest extended speculation about whether a…more

Canada, CETA, EU, Trade Agreements, Trade Policy

See All Updates »

Regulatory Proceedings and Litigation Privilege: ‘Zone of Privacy’ Bolstered in Alberta

Litigation privilege applies to regulatory proceedings where the consequences of the proceedings are significant, and the privilege cannot be excluded by statute without express and clear language, the Alberta Court of Appeal…more

Appeals, Canada, Litigation Privilege

See All Updates »

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 »

When Applying to Certify a Class Action, Don’t Forget Causation and Damages

The Court of Appeal of Alberta recently re-affirmed the need for carefully drafted pleadings and a thorough application record at a certification application, particularly where class-wide causation and class-wide damages are…more

See All Updates »

U.S. Supreme Court Upholds Fraud on the Market Theory in Securities Class Actions

A much-anticipated decision of the U.S. Supreme Court, Halliburton Co. v. Erica P. John Fund, Inc. was released on June 23, 2014. While the Supreme Court upheld the "fraud on the market" presumption of reliance which has made…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

See All Updates »

Supreme Court Grants Leave to Appeal in Securities Class Actions

The Supreme Court of Canada announced today that it will hear appeals in a trilogy of Ontario securities class action cases: Green v. CIBC, Silver v. IMAX and Celestica v. Millwright Regional Council of Ontario Pension Trust…more

Appeals, Canada, Class Action, Securities Litigation

See All Updates »

BROKEn Promises: 3 Signs your Tenant may be Going Bankrupt

The bankruptcy of a tenant is disruptive and may be confusing to a landlord; however, arming yourself with knowledge of some warning signs of financial distress and an understanding of your basic rights will, along with your…more

Consumer Bankruptcy, Landlords, Tenants

See All Updates »

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 »

Medical Marijuana in the Workplace: What Employers Need to Know

The Marihuana for Medical Purposes Regulations that became effective on April 1, 2014, could substantially increase the number of Canadians who are using lawfully prescribed medical marijuana. As the number of prescribed users…more

Canada, Employee Rights, Employer Liability Issues, Marijuana, Medical Marijuana

See All Updates »

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 »

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 »

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 »

Recent Ontario Decision Casts Doubt on Statutory Severance Pay Threshold

In Ontario, employees are entitled to notice of termination or pay in lieu of notice of termination in accordance with the Employment Standards Act, 2000 (the “ESA”). In addition, employees with five years of service or more who…more

Canada, Employer Liability Issues, Employment Standards Act, Hiring & Firing, Notice Requirements

See All Updates »

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 »

Six Considerations for Rent Arbitration Clauses in Commercial Leases

When a commercial tenant exercises an option to renew a lease it is imperative that the landlord and tenant have effective mechanisms in place to determine the rent for the renewal term. Ideally both parties will agree on the…more

Appraisal Clauses, Arbitration, Commercial Leases, Commercial Tenants, Fair Market Value

See All Updates »

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 »

Those Hiring Private Investigators Must Be Aware of Privilege and Privacy Legislation

When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken with extreme caution to…more

Litigation Privilege, Privacy Laws, Private Investigators, Work Product Privilege

See All Updates »

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 »

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 »

Saskatchewan and New Brunswick join Cooperative Capital Markets Regulatory System

On July 9, 2014, Canada's Minister of Finance announced that Saskatchewan and New Brunswick have agreed to join the Cooperative Capital Markets Regulatory System that has been proposed by the governments of Canada, British…more

Canada, Capital Markets, Securities

See All Updates »

Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in…more

Aboriginal Issues, Canada, Takings, Treaties

See All Updates »

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 »

Saskatchewan and New Brunswick join Cooperative Capital Markets Regulatory System

On July 9, 2014, Canada's Minister of Finance announced that Saskatchewan and New Brunswick have agreed to join the Cooperative Capital Markets Regulatory System that has been proposed by the governments of Canada, British…more

Canada, Capital Markets, Securities

See All Updates »

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 »

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 »

Seismic Data Held by a Board: A Further Look

The Federal and Nova Scotia regulations that require oil and gas companies to submit seismic data to Nova Scotia’s offshore oil and gas board are not ultra vires, the Nova Scotia Supreme Court recently held in Geophysical…more

Canada, Oil & Gas, Seismic Data

See All Updates »

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 »

Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in…more

Aboriginal Issues, Canada, Takings, Treaties

See All Updates »

Saskatchewan Repeals its OHS Act and brings into force a new Employment Act

If you are doing business in Saskatchewan, you should consider whether this legal change applies to your operations. If it does, you should also stay alert to the next expected changes. This is particularly the case if you own…more

Canada, OHSA, Safety Precautions

See All Updates »

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 »

Supreme Court Decision in Keewatin Confirms Provincial Ability to Take up Treaty Lands

On July 11, 2014, the Supreme Court of Canada delivered its decision in Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, also known as Keewatin. The decision affirms the Court’s approach in Tsilhqot’in…more

Aboriginal Issues, Canada, Takings, Treaties

See All Updates »

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 »

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 »

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 »

Canada and the EU Complete Trade Treaty Negotiation

On August 5, 2014, Canada and the European Union (EU) announced that they have completed negotiation of the Comprehensive Economic and Trade Agreement (CETA). The announcement puts to rest extended speculation about whether a…more

Canada, CETA, EU, Trade Agreements, Trade Policy

See All Updates »

Restoring the Duty of Care Analysis to Negligence Claims in Third-party Proceedings

The Alberta Court of Appeal has provided some helpful guidance on the scope of third-party claims in O’Connor Associates Environmental Inc v MEC OP LLC, 2014 ABCA 140, narrowing the scope and application of the decision of…more

Duty of Care, Negligence, Third-Party Liability

See All Updates »

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress…more

Canada, Energy, Land Owners, Mineral Leases, Mineral Rights

See All Updates »

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 »

Tax Effective Use by Canadian Online Retailers of Bermuda Operations for International Expansion - 2011 Canada-Bermuda Tax Information Exchange Agreement

E-tail Foreign Market Opportunity - The growth of online retail sales has globally outstripped the growth of all other retail channels, including during the last recession. For example, in England during 2012, it has been…more

Canada, E-Commerce, International Tax Issues, Internet, Internet Taxation

See All Updates »

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 »

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 »

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 »

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 »

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 »

Does Your Alberta-related Deal Trigger Foreign Ownership of Land Regulations?

There is no doubt that the Agricultural and Recreational Land Ownership Act and Foreign Ownership of Land Regulations are a mouthful, but they may not always be top of mind when considering buying or leasing land in Alberta, and…more

Canada, Commercial Real Estate Contracts, Corporate Sales Transactions, Foreign Investment, Stock Sale Agreements

See All Updates »

Stolen Customer Data Results in Ontario's First Certified Privacy Class Action

Businesses that collect personal information have an added incentive to monitor employees handling customer data – Ontario's first class action arising from the new tort of "intrusion upon seclusion" was certified last week…more

Canada, Class Action, Class Certification, Invasion of Privacy, Right to Privacy

See All Updates »

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 »

Court of Appeal Upholds Dismissal of Class Action in Mandeville v Manulife

In the most recent class action decision released by the Ontario Court of Appeal, Mandeville v The Manufacturers Life Insurance Company, 2014 ONCA 417, Justice Gillese, writing for a unanimous Court, upheld the trial decision…more

Canada, Class Action, Life Insurance

See All Updates »

CBSA Announces Mid-2014 Audit Targets

As is its practice, the Canada Border Services Agency recently announced its semi-annual trade verification targets for the balance of 2014. Many targets continue from the past, while new ones have been added…more

Audits, Canada, CBSA

See All Updates »

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 »

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 »

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 »

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 »

Confidentiality Clauses and Privilege: A Delicate Balance

Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union Carbide…more

Confidentiality, Contract Drafting, Contract Interpretation, Mediation, SCC

See All Updates »

Oil & Gas, Mines & Minerals – Security under the Alberta Builders’ Lien Act

When registered in accordance with the Alberta Builders’ Lien Act (BLA), a builders’ lien provides security for unpaid contractors, labourers and suppliers who have “improved” lands. This includes those providing materials or…more

Canada, Contractors, Liens, Minerals, Mining

See All Updates »

U.S. Supreme Court Upholds Fraud on the Market Theory in Securities Class Actions

A much-anticipated decision of the U.S. Supreme Court, Halliburton Co. v. Erica P. John Fund, Inc. was released on June 23, 2014. While the Supreme Court upheld the "fraud on the market" presumption of reliance which has made…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

See All Updates »

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 »

Prison Sentence in Air India Bribery Scheme Sends Deterrent Message to Canadian Executives

On May 23, Nazir Karigar, an agent of Cryptometrics Canada Inc. (Cryptometrics), was sentenced to three years in federal prison under Canada’s foreign bribery statute. Mr. Karigar was convicted last August of conspiring to pay…more

Airlines, Bribery, Canada, CFPOA, Conspiracies

See All Updates »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

Saskatchewan and New Brunswick join Cooperative Capital Markets Regulatory System

On July 9, 2014, Canada's Minister of Finance announced that Saskatchewan and New Brunswick have agreed to join the Cooperative Capital Markets Regulatory System that has been proposed by the governments of Canada, British…more

Canada, Capital Markets, Securities

See All Updates »

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 »

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 »

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 »

Streamlining Disclosure for Venture Issuers: Proposed Amendments to National Instrument 51-102; Continuous Disclosure Obligations, National Instrument 41-101; General Prospectus Requirements and National Instrument 52-110; and Audit Committees

On May 22, 2014, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102), National Instrument 41-101 General Prospectus…more

Canada, Compliance, Disclosure Requirements, Venture Capital

See All Updates »

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 »

U.S. Supreme Court Upholds Fraud on the Market Theory in Securities Class Actions

A much-anticipated decision of the U.S. Supreme Court, Halliburton Co. v. Erica P. John Fund, Inc. was released on June 23, 2014. While the Supreme Court upheld the "fraud on the market" presumption of reliance which has made…more

Basic v Levinson, Class Certification, Fraud, Fraud-on-the-Market, Halliburton

See All Updates »

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 »

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 »

Streamlining Disclosure for Venture Issuers: Proposed Amendments to National Instrument 51-102; Continuous Disclosure Obligations, National Instrument 41-101; General Prospectus Requirements and National Instrument 52-110; and Audit Committees

On May 22, 2014, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102), National Instrument 41-101 General Prospectus…more

Canada, Compliance, Disclosure Requirements, Venture Capital

See All Updates »

BROKEn Promises: 3 Signs your Tenant may be Going Bankrupt

The bankruptcy of a tenant is disruptive and may be confusing to a landlord; however, arming yourself with knowledge of some warning signs of financial distress and an understanding of your basic rights will, along with your…more

Consumer Bankruptcy, Landlords, Tenants

See All Updates »

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress…more

Canada, Energy, Land Owners, Mineral Leases, Mineral Rights

See All Updates »

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 »

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 »

Streamlining Disclosure for Venture Issuers: Proposed Amendments to National Instrument 51-102; Continuous Disclosure Obligations, National Instrument 41-101; General Prospectus Requirements and National Instrument 52-110; and Audit Committees

On May 22, 2014, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102), National Instrument 41-101 General Prospectus…more

Canada, Compliance, Disclosure Requirements, Venture Capital

See All Updates »

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 »

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 »

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 »

Bennett Jones Spring 2014 Economic Outlook

While the geo-political landscape has changed somewhat since our November 2013 Economic Outlook, the outlook for global economic growth has not changed much. We continue to project real global growth of about 3.5 percent in each…more

Economic Development, Global Economy

See All Updates »

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 »

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 »

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 »

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 »

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 »

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 »

Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • 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
See more
Locations
Other Countries
  • Canada
  • China
  • Qatar
  • United Arab Emirates
Number of Attorneys

100+ Attorneys

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.