Bennett Jones LLP

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law, Indigenous Peoples

Tax Court Allows Deduction for Advisory Fees in M&A Transaction

The Tax Court of Canada has recognized in a recent case that “oversight expenses” – notably investment banking and other professional advisory fees for services rendered to boards of directors in their discharge of oversight…more
| Business Organizations, Mergers & Acquisitions, Taxation

Simply the Pest Management Regulatory Agency… and its Duty to Initiate Special Reviews

In Environmental Interest Groups Challenge Registrations of Neonicotinoid Products in Federal Court, we discussed a recent judicial review initiated by the David Suzuki Foundation and others with respect to conditional…more
| Administrative Law, Civil Procedure, Environmental Law

Transfer of Operatorship of Oil and Gas Assets Upon Insolvency

Operating agreements for oil and gas assets typically contemplate the immediate replacement of the operator by another working interest owner in the event of the operator’s insolvency. However, these provisions often become…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Energy & Utilities

A Little Clarity or More Lien Challenges? Lien Claims Before and After Certificate of Substantial Performance in Alberta

The recent Master’s decision in Chandos Construction Ltd v Twin Peaks Construction Ltd, 2016 ABQB 296 determined an issue under the Builders’ Lien Act (Alberta) (BLA) which, surprisingly, had never been specifically addressed by…more
| Commercial Law & Contracts, Construction Law, Real Estate - Commercial, Real Estate - Residential

Have a Contract in Canada? Your Class Action Risk is Greater Than You May Think

Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, as more and more businesses…more
| Civil Procedure, Commercial Law & Contracts, International Law & Trade

Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees

In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the “unjust dismissal” provisions in the Canada Labour Code mean non-union employees…more
| Labor & Employment Law

Your Right to a Speedy Trial? It May Now Be a Right to a Trial in 18 Months or Less

It’s tough for any of us to think of a high profile criminal or regulatory case that could be described as “speedy”. The whole country followed the murder trial of Mark Smich and Delen Millard, who were recently convicted of the…more
| Civil Procedure, Criminal Law

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the…more
| Civil Remedies, Civil Rights, Labor & Employment Law

Canadian Securities Administrators Derivatives Committee Issue Consultation Paper on Margin Requirements for Non-Centrally Cleared Derivatives

On July 7, 2016, the Canadian Securities Administrators Derivatives Committee (the “Committee”) published CSA Consultation Paper 95-401 entitled “Margin and Collateral Requirements for Non-Centrally Cleared Derivatives” (the…more
| Finance & Banking, Securities Law

Environmental Interest Groups Challenge Registrations of Neonicotinoid Products in Federal Court

On July 6, 2016, the David Suzuki Foundation, along with Friends of the Earth Canada, Ontario Nature, and Wilderness Committee, brought two judicial review applications against the Minister of Health and registrants of the…more
| Agriculture, Environmental Law

Canada Announces Proposed Changes to Arms Export Controls to Comply with Arms Trade Treaty

On June 30, 2016, the Government of Canada announced plans to modify Canada’s export control system to comply with the Arms Trade Treaty (ATT). The proposed changes include new regulations on arms brokering, a formalization of…more
| Elections & Politics, International Law & Trade

CPP Reform – And the ORPP is Almost (Undeniably and Reliably) Dead

On June 20, 2016, the federal Minister of Finance Bill Morneau, together with eight of the 10 provincial finance ministers, agreed in principle to expand the Canada Pension Plan (CPP). All provinces except Quebec and Manitoba…more
| Labor & Employment Law

Update on Auditing the Audit

Most jurisdictions in Canada require the unanimous consent of all shareholders (including non-voting shareholders) in order for a non-distributing corporation to dispense with an audit. The requirement is absolute and mandatory…more
| Business Organizations

Helpful Amendments to the New Trade Reporting Rules Finalized

On June 30, 2016, the securities regulators of Alberta, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Prince Edward Island, Saskatchewan and Yukon (the "Announcing Jurisdictions")…more
| Finance & Banking, Securities Law
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4500 Bankers Hall East
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