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Brian Abraham

BC Environmental Assessment Office Fees

The Province of British Columbia approved an Order in Council dated April 11, 2014 to establish environmental assessment fees in British Columbia for the review of environmental assessment applications, orders and enforcement…more

Canada, Environmental Assessments, Environmental Policies, Fees

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Thoburn Allan

Focus on Securities|Corporate Finance - March 2013: Ontario Court Decision Highlights Importance Of Termination Rights In Bought Deal Letters

A recent decision of the Ontario Superior Court in Stetson Oil & Gas Ltd. v. Stifel Nicolaus Canada Inc. highlights the importance of including termination rights in bought deal letters and other engagement letters used in…more

Bought Deal Letters, Termination Clauses, Underwriting Agreements

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Guy Paul Allard

Adoption Of Bill 70 Amending The Mining Act: Overview Of Amendments

After several failed attempts at reforming the Mining Act, on December 10, 2013 the National Assembly finally adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). Bill 70 draws upon a number of the measures that…more

Canada, Environmental Assessments, Environmental Policies, Mineral Rights, Minerals

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Rebecca Andersen

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of…more

Data Protection, Electronic Communications, EU, EU Data Protection Laws, Telecommunications

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Ann Bigué

Adoption Of Bill 70 Amending The Mining Act: Overview Of Amendments

After several failed attempts at reforming the Mining Act, on December 10, 2013 the National Assembly finally adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). Bill 70 draws upon a number of the measures that…more

Canada, Environmental Assessments, Environmental Policies, Mineral Rights, Minerals

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Jamie Au

Canadian Coalition For Good Governance Releases 2013 Executive Compensation Principles

The Canadian Coalition for Good Governance (“CCGG”) recently released its 2013 Executive Compensation Principles (the “2013 Principles”), replacing the previous version originally published in 2009. The original principles were…more

CCGG, Corporate Governance, Equity Plans, Executive Compensation, Pay-for-Performance

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Tim Banks

Canada’s Digital Privacy Rethink: Fines, Enforceable Compliance Agreements And More!

On April 8, 2014, Canada’s government introduced Bill S-4, the Digital Privacy Act, in the Senate. Bill S-4 is the federal government’s latest attempt to reform the federal Personal Information Protection and Electronic…more

Canada, Data Breach, Data Protection, Digital Media, Disclosure

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Ara Basmadjian

Ontario Securities Commission Willing To Accept “No-Contest” Settlements

On March 11, 2014, the Ontario Securities Commission (the “OSC”) adopted the following enforcement initiatives aimed at encouraging cooperation from market participants and streamlining its dispute resolution process..…more

Canada, Dispute Resolution, OSC

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Julie Bedford

Focus On Cleantech | Climate Change - February 2013: Greenhouse Gas Emissions Reduction In Ontario: A Discussion Paper From The Provincial Government

On January 21, 2013, the Ontario Ministry of the Environment posted a discussion paper regarding greenhouse gas (GHG) emissions reduction in Ontario, eliciting public input in the development of the Ministry’s GHG reduction…more

Cap-and-Trade, Clean Tech, Climate Change, Greenhouse Gas Emissions, Reduction Programs

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Michael Beeforth

UPDATE: Zungui Class Action Settlements Against Remaining Defendants Approved By Court

On August 27, 2013, Justice Perell released his decision (2013 ONSC 5490) approving three settlements valued at $10.85 million, bringing the class action against Zungui Haixi Corp. (“Zungui”) and others to a close. Under the…more

Canada, Class Action, Investors, Settlement, Shareholder Litigation

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Doug Black

Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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Anne-Frédérique Bourret

Adoption Of Bill 70 Amending The Mining Act: Overview Of Amendments

After several failed attempts at reforming the Mining Act, on December 10, 2013 the National Assembly finally adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). Bill 70 draws upon a number of the measures that…more

Canada, Environmental Assessments, Environmental Policies, Mineral Rights, Minerals

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Priscilla Bunke

Canadian Securities Administrators Publish Model Provincial Rules – Derivatives: Product Determination And Trade Repositories And Derivatives Data Reporting

I. INTRODUCTION - On December 6, 2012, the Canadian Securities Administrators OTC Derivatives Committee (the “Committee”) published model provincial rules for a sixty (60) day comment period. The model rules include: -…more

Canadian Securities Administration, Data Repositories, Derivatives, OTC

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Courtney Burton

Canadian Securities Administrators Publish Model Provincial Rules – Derivatives: Product Determination And Trade Repositories And Derivatives Data Reporting

I. INTRODUCTION - On December 6, 2012, the Canadian Securities Administrators OTC Derivatives Committee (the “Committee”) published model provincial rules for a sixty (60) day comment period. The model rules include: -…more

Canadian Securities Administration, Data Repositories, Derivatives, OTC

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Anne Calverley

Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to…more

Canada, Income Tax Act, Liability, Tax Liability, Tax Structuring

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Gillian Carter

Crowdfunding Alert: OSC Releases Progress Report On Review Of Capital Raising Prospectus Exemptions

The Ontario Securities Commission (“OSC”) recently released OSC Notice 45-712 – Progress Report on Review of Prospectus Exemptions to Facilitate Capital Raising (the “Progress Report”), which identifies four capital raising…more

Crowdfunding, Disclosure Requirements, OSC, Prospectus

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Colleen Cebuliak

Federal Budget, Economic Action Plan 2013

On March 21, 2013, the Minister of Finance tabled the 2013 federal budget, Economic Action Plan 2013. There are announced changes which will be of particular interest to the mining sector…more

Canada, Capital Expenditures, Economic Action Plan, Federal Budget, Mineral Exploration

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Anthony Cole

Mandatory Reporting Standards For Payments By Extractive Industry Companies

The Government of Canada recently issued a Consultation Paper regarding proposed mandatory reporting standards (the proposed standards) for payments by extractive industry companies to governments, both domestic and foreign, and…more

Canada, Mining, Natural Resources, Oil & Gas, Reporting Requirements

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Alexander Coombes

A Pointed Observation By The Federal Court Of Appeal On The CRA’s Approach To Proposed Legislation

The recent Federal Court of Appeal decision of Edwards v. The Queen (2012 FCA 330) includes an interesting observation dealing with the Canada Revenue Agency’s policy with respect to proposed legislation…more

CRA, Income Tax Act, Proposed Amendments

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Charles Côté-Lépine

Adoption Of Bill 70, An Act To Amend The Mining Act: Amendments Relating To Native Communities And Reactions Of Those Communities

On last December 10th, the National Assembly of Québec adopted Bill 70, An Act to amend the Mining Act (“Bill 70”). The adoption of Bill 70 came in the wake of three aborted attempts to modify Quebec’s mining regime in recent…more

Canada, Mining, Native American Issues

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Catherine P. Coulter

Upcoming Ontario Ministry Of Labour Blitzes

Ontario’s Ministry of Labour has announced several upcoming blitzes during which it will ensure that employers in specified industries are compliant with particular areas of concern under the Employment Standards Act, 2000…more

Audits, Compliance, Employer Mandates, Employment Standards Act, Ministry of Labour

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Douglas Crowther

Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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Matthew Curtis

Contract Requiring Ex-Employee To Compensate Former Employer For Competing Ruled Enforceable In British Columbia

A recent decision of the B.C. Court of Appeal has endorsed a novel approach to post-employment competition by upholding an employment contract whereby the employee was required to compensate the employer if she competed soon…more

Civil Monetary Penalty, Competition, Employment Contract, Former Employee, Hiring & Firing

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Virginie Dandurand

Beware The Unpaid Intern – He/She May Be Eligible For Pay

The issue of unpaid internships is becoming a growing concern for both employers and Ministry of Labour Inspectors. Recently, the publisher of magazines Toronto Life and The Walrus announced that they were pulling the plug on…more

Canada, Employee Rights, Internships, Unpaid Interns

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Mylany David

Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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Jordan R.M. Deering

Settling With A Fraudulent Employee: Will You Be The Next Defendant?

A recent Ontario decision dealt with the issue of liability as between two defrauded employers: is a past (former) employer liable to a new employer when a fraudulent employee steals money from the latter to satisfy its debt to…more

Canada, Employer Liability Issues, Fraud, Theft

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Heather Di Dio

Welcome Guidance On Pension Plan Fees & Expenses

The subject of what can and can’t be charged to a pension plan has always been an important one for employers because of the often high costs related to administering a pension plan…more

Pensions

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Julianne Doe

Accessing Asian Capital By Canadian Companies – The Case For Listing In Hong Kong

Why Hong Kong - Michael Chan, Assistant Vice President of the Global Markets Division of the Hong Kong Stock Exchange (“HKEx”), was recently in Canada, visiting Calgary, Toronto and Vancouver and delivering a presentation…more

Canada, Foreign Investment, Hong Kong, IPO, Listing Standards

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Rani Doyle

FundersClub: What Does The SEC’s No-Action Relief Really Mean?

On March 26, 2013, the United States Securities and Exchange Commission (SEC) issued a no-action letter to FundersClub Inc. and FundersClub Management LLC. There has been speculation in the crowdfunding, VC and angel investor…more

Fundersclub.com, Investment Advisers Act of 1940, Investment Funds, Investors, JOBS Act

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Deepshikha Dutt

Changing Cost Trends In Class Actions

In 2013, Justice Belobaba released five decisions that addressed legal principles relating to awards of costs on class action certification motions. These cases sent a clear message to the class action bar: “[a]ccess to justice,…more

Canada, Class Action, Securities Litigation

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Andrew Elbaz

Junior Mining: OSC Issues Guidance On MD&A Disclosure

On February 6, 2014, the Ontario Securities Commission (“OSC”) released OSC Staff Notice 51-722 Report on a Review of Mining Issuers’ Management’s Discussion and Analysis Guidance (the “Report”). The Report summarizes the…more

Canada, Compliance, Disclosure Requirements

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Simon Elliott

Europe Under Review : Part 2 Of 8 – Data Collection

As the next in our series of “back to privacy basics”, we look the rules regarding collection and processing of personal data. As we will do throughout this series, we take a look at the current position and what is…more

Data Collection, Data Protection, EU, EU Data Protection Laws

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Norm Emblem

Production Of Documents From Court-Appointed Receivers

Originally published in International Law Office, January 2013: In its recent decision in SA Capital Growth Corp v Mander Estate the Ontario Court of Appeal considered whether the appellant, who was facing proceedings…more

Court-Appointed Receivers, Document Productions, Forum, Interlocutory Orders, Ontario Securities Commission

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Mark Evans

Ontario Securities Commission Willing To Accept “No-Contest” Settlements

On March 11, 2014, the Ontario Securities Commission (the “OSC”) adopted the following enforcement initiatives aimed at encouraging cooperation from market participants and streamlining its dispute resolution process..…more

Canada, Dispute Resolution, OSC

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Timothy Fitzsimmons

There’s A Litigation App For That?

We were intrigued to learn that KosInteractive LLC has created the U.S. “Fed Courts” app for Android and Apple devices which contains helpful information about U.S. federal courts rules of procedure and court information. The…more

Mobile Apps

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Matthew Fleming

Green v. CIBC: Court Of Appeal Revisits Limitation Period For Secondary Market Securities Class Actions And Limits Common Law Negligent Misrepresentation Class Actions

Overview - The Court of Appeal for Ontario’s recent decision in Green v. Canadian Imperial Bank of Commerce(“Green”) is significant in two respects. First, the Court clarified the limitation period applicable to…more

Canada, CIBC, Class Action, Fraud-on-the-Market, Limitation Periods

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Colin Galinski

B.C. Introduces Pooled Registered Pension Plan Legislation

The British Columbia government introduced legislation on February 28, 2013 that once passed will make Pooled Registered Pension Plans (“PRPPs”) available to employees in the province. Features of the PRPP structure that may…more

Pensions, Pooled Registration Pension Plans

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Andre Garber

Crowdfunding Alert: Ontario Securities Commission Releases Equity Crowdfunding Exemption Proposal

Following a lengthy consultation period and broad review, the Ontario Securities Commission (“OSC”) has unveiled a series of proposed prospectus exemptions aimed at growing small and medium-sized enterprises (“SMEs”). Among the…more

Canada, Crowdfunding, OSC, Private Equity

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Angelo Gentile

Imposition Of GST On Criminal Defence Legal Fees Does Not Infringe Section 10(b) Of The Charter: Stanley J. Tessmer Law Corporation v The Queen

In Stanley J. Tessmer Law Corporation v The Queen, 2013 TCC 27, Justice Paris of the Tax Court of Canada confirmed that the general GST charging provision in section 165 of the Excise Tax Act, R.S.C. 1985, c. E-15 (the “ETA”)…more

Criminal Defense, GST, Legal Costs

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Cheryl Gibson

The Canada Revenue Agency’s Voluntary Disclosure Program: Current Processing Issues

The Canada Revenue Agency’s Voluntary Disclosure Program (VDP) has gone through a number of organizational changes over the past few years…more

Canada, Canadian Revenue Agency, New Regulations, Voluntary Disclosure

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Laura Giesbrecht

Junior Mining: OSC Issues Guidance On MD&A Disclosure

On February 6, 2014, the Ontario Securities Commission (“OSC”) released OSC Staff Notice 51-722 Report on a Review of Mining Issuers’ Management’s Discussion and Analysis Guidance (the “Report”). The Report summarizes the…more

Canada, Compliance, Disclosure Requirements

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Bill Gilliland

Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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John Goetz

Focus On Cleantech | Climate Change - February 2013: Greenhouse Gas Emissions Reduction In Ontario: A Discussion Paper From The Provincial Government

On January 21, 2013, the Ontario Ministry of the Environment posted a discussion paper regarding greenhouse gas (GHG) emissions reduction in Ontario, eliciting public input in the development of the Ministry’s GHG reduction…more

Cap-and-Trade, Clean Tech, Climate Change, Greenhouse Gas Emissions, Reduction Programs

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Nick Graham

Progress On EU Data Privacy Reform: “Irreversible”

Today, the European Parliament voted through the new EU Data Protection reform package (621 in favour of the new Regulation and 10 against with 22 abstentions). It’s a clear endorsement of the proposals. The EU press release…more

Cybersecurity, Data Protection, EU, EU Data Protection Laws

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Jennifer Halloran

The Latest Word From The Supreme Court Of Canada On Conflicts Of Interest: Canadian National Railway Co. V. Mckercher LLP

The Supreme Court of Canada shed a bit more light on the “bright line rule” for determining when a conflict exists when a law firm represents clients whose interests are adverse in the recent decision of Canadian National…more

Attorney-Client Privilege, Bright-Line Rule, Canada, Confidentiality, Conflicts of Interest

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Jehad Haymour

Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to…more

Canada, Income Tax Act, Liability, Tax Liability, Tax Structuring

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Sonja K. Homenuck

Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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Rachel A. Howie

The Arbitration Review of the Americas 2013: Arbitral Jurisdiction in Canada: Recent Decisions

Overview - Any consideration of arbitral jurisdiction in Canada must proceed within the governing legislative framework. Legislation in each Canadian province and territory, as well as federal legislation, directs how and…more

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Lauren Ignacz

New Standards Allow Compassionate Care Leave For Employees

Alberta’s Employment Standards Code, has been amended to provide new minimum standards to allow employees to take compassionate care leave. On February 1, 2014, these amendments will take effect…more

Canada, Caregivers, Paid Leave

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Andrea C. Johnson

Crowdfunding Alert: Ontario Securities Commission Releases Equity Crowdfunding Exemption Proposal

Following a lengthy consultation period and broad review, the Ontario Securities Commission (“OSC”) has unveiled a series of proposed prospectus exemptions aimed at growing small and medium-sized enterprises (“SMEs”). Among the…more

Canada, Crowdfunding, OSC, Private Equity

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Tristan Jonckheer

Romanian DPA Approves Use Of BCRs

Yesterday (27 March 2014) the Romanian DPA approved a decision on the use of Binding Corporate Rules (BCRs)…more

Binding Corporate Rules, EU

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Daniel Katzin

Lean Times May Call For Lien Measures – What You Need To Know About Miners’ Liens In Northern Canada

Given the present economic climate of falling metal prices and depressed equity markets for mining companies, many owners and operators of mines are experiencing cash flow and working capital shortages. As a result, contractors…more

Canada, Liens, Mining

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Jacob Kaufman

Company Press Releases During Proxy Fights May Not Be Proxy Solicitations

Overview - In Smoothwater Capital Partners LP I v. Equity Financial Holdings Inc., 2014 ONSC 324, the Ontario Superior Court of Justice held that a press release issued by Equity Financial Holdings Inc. (the “Company”)…more

Canada, CBCA, Proxy Contests, Proxy Solicitations, Proxy Statements

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Trevor Korsrud

Proposed New Prospectus Exemption For Distributions To Existing Security Holders Of TSX-V Issuers

On November 21, 2013, the securities regulatory authorities in all Canadian jurisdictions, with the exception of Ontario and Newfoundland and Labrador (the “Participating Jurisdictions”), published for comment Multilateral CSA…more

Accredited Investors, Canada, Canadian Securities Administration, Disclosure Requirements, Exemptions

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Leanne C. Krawchuk

Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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Paul Lalonde

Mandatory Reporting Standards For Payments By Extractive Industry Companies

The Government of Canada recently issued a Consultation Paper regarding proposed mandatory reporting standards (the proposed standards) for payments by extractive industry companies to governments, both domestic and foreign, and…more

Canada, Mining, Natural Resources, Oil & Gas, Reporting Requirements

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Soloman Lam

Insurance Policy Interpreted In Officers’ Favour

In certain circumstances, directors and officers may find that their claims for indemnification under a directors’ and officers’ insurance policy have been denied by the insurance company as a result of various exclusions…more

Canada, Exclusionary Clauses, Indemnification, Indemnity Insurance

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Anneli LeGault

Compliance Reminder – Ontario Pay Equity Commission Is Open For Business

The Pay Equity Act of Ontario requires every provincially regulated employer with ten or more employees to ensure that pay equity exists in the workplace. This is not a one-off compliance requirement…more

Canada, Compliance, Equal Pay

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Jules Lewy

CRA Rocks The Boat: Garber et al. v. The Queen

Readers who were tax practitioners in the mid-80s will well remember the luxury yacht tax shelters, which were sold in 1984, 1985 and 1986 and which were one of the most popular tax shelters of that period. Many of us had…more

Canada, Income Taxes, Tax Shelters

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Stephen Lloyd

When The Multinational Meets The Private Family Business : 10 Key Issues For A Successful Negotiation Of An M & A Transaction Between The Two

The vast majority of business enterprises worldwide are “family run”, or purely private entities, where operational management and ownership reside in or are controlled by the same individuals. On the other hand, often…more

Closely Held Businesses, Corporate Culture, Multinationals, Negotiations, Valuation

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Janet J. MacNeil

Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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Alex MacWilliam

Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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Karen Martin

Lean Times May Call For Lien Measures – What You Need To Know About Miners’ Liens In Northern Canada

Given the present economic climate of falling metal prices and depressed equity markets for mining companies, many owners and operators of mines are experiencing cash flow and working capital shortages. As a result, contractors…more

Canada, Liens, Mining

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Ryan Maynard

Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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Blair McCreadie

Ontario Jury Awards Ex-Employee $1.4 Million For Mistreatment By Former Manager

In a cautionary tale for employers, a jury in Windsor, Ontario awarded $1.4 million in damages to a former Wal-Mart employee who alleged that she had been constructively dismissed after being subjected to intentional infliction…more

Harassment, Intentional Infliction of Emotional Distress, Intentional Torts, Punitive Damages, Termination

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Robert D. McDonald

Focus On Intellectual Property (IP) - March 2012: Counterfeiter’s Beware – Canada Introduces New Law To Deal With Counterfeit And Pirated Products

In This Issue: - Counterfeiter’s Beware – Canada Introduces New Law to Deal with Counterfeit and Pirated Products - A “Sign” of Things to Come – How Bill C-56 Will Change Canadian Trade-Mark Law - Excerpt…more

ACTA, Combating Counterfeit Products Act, Counterfeiting, Customs, Trademarks

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Christopher McLeod

Why You Should Think About An Anti-Corruption Compliance Program

With anti-corruption enforcement intensifying around the world, companies (particularly those operating in regions where corrupt practices are widespread) are implementing and reviewing anti-corruption programs to ensure…more

Anti-Corruption, Compliance, Risk Management

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Carman McNary

Federal Court Of Appeal Deals A Blow To The Canada Revenue Agency: Full Disclosure Must Be Made On Ex Parte Applications

On February 21, 2013, the Federal Court of Appeal released two decisions related to the obligations of the Minister of National Revenue when making ex parte applications under subsection 231.2(3) of the Income Tax Act (the…more

Appeals, CRA, Disclosure Requirements, Ex Parte, Income Tax Act

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Adrian Miedema

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”…more

Canada, OHSA, Public Schools, Safety Precautions, Workplace Injury

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Jeff Mitchell

Beware The Unpaid Intern – He/She May Be Eligible For Pay

The issue of unpaid internships is becoming a growing concern for both employers and Ministry of Labour Inspectors. Recently, the publisher of magazines Toronto Life and The Walrus announced that they were pulling the plug on…more

Canada, Employee Rights, Internships, Unpaid Interns

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Alan Monk

ISS Adopts Updates To Canadian Corporate Governance Policy For 2014

Institutional Shareholder Services (“ISS”) has adopted updates to its Canadian Corporate Governance Policy (“CCGP”), which will take effect for shareholder meetings held on or after February 1, 2014. ISS is a leading and…more

Canada, Corporate Governance, ISS, Shareholders

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Claude Morency

Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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Lindsay Mullen

Voluntary Global Standard For Occupational Health And Safety Coming Soon

In August, the International Organization for Standardization(“ISO”), the world’s largest global developer of voluntary international standards, approved the creation of a project committee who will develop an international…more

Canada, ISOs, OHSA, Safety Precautions

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Shaira Nanji

International And Transfer Pricing Audits: Toronto Centre Canada Revenue Agency & Professionals Breakfast Seminar

At the Toronto Centre Canada Revenue Agency & Professionals Breakfast Seminar on February 18, 2014, the CRA provided an update on international and transfer pricing audits. The slides can be found here. The discussion was led by…more

Canada, CRA, Money Transfer, Transfer Pricing

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Larry Nevsky

McIntyre: Not What You Bargained For?

When are the parties to a civil tax dispute bound by agreed facts from a criminal proceeding? This was the question considered by the Tax Court of Canada on a Rule 58 motion made by the taxpayers in McIntrye et al v. The…more

Canada, Collateral Estoppel, Income Taxes, Res Judicata, Tax Liability

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Helen Newland

Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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Joel A. Nitikman

Tax Topics - March 21, 2013: "You Can't Always Get What You Want (But If You Try Sometimes, You Might Get What You Need)"

Originally Published in CCH Canadian Ltd. on March 21, 2013. One might think that it would go without saying, but obviously not, that the Tax Court of Canada is neither a court of equity nor a section 96 court. That is,…more

Canada, CRA, Income Taxes, Tax Assessment

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Thomas P. O'Leary

The Arbitration Review of the Americas 2013: Arbitral Jurisdiction in Canada: Recent Decisions

Overview - Any consideration of arbitral jurisdiction in Canada must proceed within the governing legislative framework. Legislation in each Canadian province and territory, as well as federal legislation, directs how and…more

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Amer Pasalic

Supreme Court Defers To Securities Commission On The Interpretation Of Limitation Periods In Secondary Proceedings

On December 5, 2013, the Supreme Court of Canada released its much-anticipated decision in McLean v. British Columbia (Securities Commission), providing clarity on the limitation period applicable to “secondary proceedings” in…more

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

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Margot Patterson

Copyright v. Privacy: Voltage Pictures LLC v. John Doe And Jane Doe

The recent Federal Court of Canada decision in Voltage Pictures LLC v. John Doe and Jane Doe (2014 FC 161) has already received considerable attention for its approach to deterring so-called “copyright trolls”: plaintiffs with…more

Canada, Copyright, Copyright Trolls, Privacy Laws

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Susan Paul

The International Comparative Legal Guide to: Cartels & Leniency 2013, 6th Edition: Chapter 9: CANADA

1 The Legislative Framework of the Cartel Prohibition: 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The legal basis of cartel prohibition in Canada is…more

Cartels, Competition, Sanctions, Whistleblowers

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Mary Picard

Fight Over Reduction Of GM Retiree Benefits Not Over

General Motors of Canada suffered a blow this summer when an Ontario court held that GM was not entitled to reduce benefits it had promised to its retired workers…more

Canada, Class Action, Employee Benefits, Employee Handbooks, General Motors

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Andy Pushalik

“Oh, What A Tangled Web We Weave When First We Practice To Deceive.”

Employer avoids liability for harassing texts sent by rogue employee - In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent…more

Canada, Employer Liability Issues, Hiring & Firing, Pre-Termination Notice, Pregnancy Discrimination

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Archie Rabinowitz

Trustee Exemption Clauses: Redundant Or Required? By Archie J. Rabinowitz, B.A., L.L.B.*

1. Introduction - Many testamentary instruments include clauses which are intended to relieve trustees from liability in the execution of their duties. Such exemption clauses, as they will be referred to in this paper, take…more

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Chelsea Rasmussen

Criminal Sentence For Unauthorized Access Of Former Co-Worker’s E-Mail Reduced On Appeal

A terminated employee was convicted of “Mischief to Data” and “Unauthorized use of a Computer” contrary to the Criminal Code after he remotely accessed a former co-worker’s e-mail without her authorization and forwarded several…more

Canada, Criminal Prosecution, Data Breach, Data Protection

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Bernard Roth

"Responsible Energy Development Act – A Sea Change In Energy Project Regulation? Stay Tuned", Focus On Energy, January 2013

On October 24, 2012, the Alberta Minister of Energy introduced Bill 2 – the Responsible Energy Development Act (“Responsible Energy Act”) in the Alberta Legislature. On November 21, 2012, Bill 2 passed third reading and was…more

Environmental Policies, Oil & Gas, Oil Sands, Responsible Energy Act

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Michael D. Schafler

UPDATE: Zungui Class Action Settlements Against Remaining Defendants Approved By Court

On August 27, 2013, Justice Perell released his decision (2013 ONSC 5490) approving three settlements valued at $10.85 million, bringing the class action against Zungui Haixi Corp. (“Zungui”) and others to a close. Under the…more

Canada, Class Action, Investors, Settlement, Shareholder Litigation

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Neil Schwartz

Slicing Pie - Review

Many start-ups use equity to compensate key employees and to fund early stage activities…more

Entrepreneurs, Financing, Private Equity, Startups

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Sharon Seung

Focus On Competition, Antitrust And Foreign Investment - January 2013: "Investment Canada And Competition Law – 2012 In Review and Outlook for 2013"

In This Issue: - Investment Canada ..State-Owned Enterprises Under Scrutiny - Competition Act ..Mergers ..Cartels And Bid-Rigging ..Price Maintenance ..Abuse Of Dominance ..Competition Bureau…more

Abuse of Dominance, Bid Rigging, Cartels, Competition Act, Investment Canada Act

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Ralph Shay

Private Placements By Acquisition Targets – Another Regulatory Grey Area

On November 28, 2012, the British Columbia Securities Commission (BCSC) issued the reasons for the decision it had made following a hearing to consider an application made by Inmet Mining Corporation for certain relief in…more

Acquisitions, Bids, British Columbia Securities Commission, Hostile Takeover, Private Placements

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Dan Shea

Focus on Securities|Corporate Finance - March 2013: Ontario Court Decision Highlights Importance Of Termination Rights In Bought Deal Letters

A recent decision of the Ontario Superior Court in Stetson Oil & Gas Ltd. v. Stifel Nicolaus Canada Inc. highlights the importance of including termination rights in bought deal letters and other engagement letters used in…more

Bought Deal Letters, Termination Clauses, Underwriting Agreements

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Lara Vos Smith

Crowdfunding Alert: OSC Allows Equity Crowdfunding Platform For Ontario Accredited Investors

In an important step towards establishing equity crowdfunding in Canada, the Ontario Securities Commission (the “OSC”) has released a significant decision which allows MaRS VX, a not-for-profit entity and a wholly-owned…more

Accredited Investors, Canada, Crowdfunding, OSC

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Chloe Snider

Production Of Documents From Court-Appointed Receivers

Originally published in International Law Office, January 2013: In its recent decision in SA Capital Growth Corp v Mander Estate the Ontario Court of Appeal considered whether the appellant, who was facing proceedings…more

Court-Appointed Receivers, Document Productions, Forum, Interlocutory Orders, Ontario Securities Commission

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Douglas Stewart

Tax Court Of Canada Issues A Comprehensive Ruling On Privilege Issues And The Appropriate Exercise Of Remedies To Address Deficient Lists Of Documents

In a recent Tax Court of Canada ruling on a motion heard in Imperial Tobacco Canada Limited v. The Queen, 2013 TCC 144 the Court considered a motion for an Order directing the Appellant to attend and be cross-examined on its…more

Canada, Cross Examination, Documentation, Privilege Waivers, Remedies

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Ron Stuber

Oh Canada - Significant Developments In Canadian Energy: February 2013

In This Issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations - Excerpt from Oil Sands News: Enbridge…more

Canada, Energy Exploration, Licenses, Pipelines, Renewable Energy

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Bob Tarantino

You Want Me To Do WHAT?! The Nudity Rider In Film And TV Projects

When we have our monthly strategy meetings with our marketing consultants about how we can generate traffic for this blog, they usually furrow their brows and ask if we can’t make our topics a little “sexier” in order to attract…more

Collective Bargaining, HBO, Hiring & Firing, Sexual Harassment, Time Warner

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Lucas Tomei

Securities Regulators Propose Amendments To Oil & Gas Disclosure Standards

The Canadian Securities Administrators (CSA) have published for comment proposed amendments to National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities (NI 51-101) and Companion Policy 51-101CP Standards of…more

Canada, Disclosure Requirements, Oil & Gas

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Chris Turney

Focus On Ontario - Not-For-Profit Corporations Act, March 2013: Transitioning To The ONCA

In This Issue: - Transitioning to the ONCA - Excerpt from Transitioning to the ONCA: The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) is targeted to come into effect on July 1, 2013. The new Act is…more

Bylaws, Canada, Corporate Governance, Duty of Care, Financial Accounting

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Danielle Van Der Merwe

Europe Under Review: Part 1 Of 8 – Registration

Over the next few weeks we will be going back to data privacy basics in our eight part “Europe under Review” blog series. We will be comparing current data privacy laws and best practice in the UK with the proposed new state of…more

Data Protection, EU, EU Data Protection Laws, ICO, Privacy Laws

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Sophie Virji

Daishowa-Marubeni: A Tree Fell In The Forest And The SCC Caught It!

In Daishowa-Marubeni International Ltd. v. The Queen, 2013 SCC 29, Justice Rothstein marries tax philosophy and tax practice by asking and answering the question: If a tree falls in the forest and you are not around to…more

Canada, Income Tax Act, Liability, Tax Liability, Tax Structuring

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Sandy Walker

New Bill Heightens Potential For More Investment Canada Reviews Of SOE Acquisitions

Last week the Canadian Government introduced amendments to the Investment Canada Act (ICA) to implement its revised policy towards state-owned enterprises (SOEs) which it announced in December last year…more

Canada, Investment Canada Act, National Security, State-Owned Enterprises

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Cristina Wendel

Alberta Court Imposes Large Fine For Employer In Calf-Roping Case

On October 31, 2013, the Alberta Court of Queen’s Bench released the sentencing decision in R. v. XI Technologies Inc., 2013 ABQB 651. The Court of Queen’s Bench sentenced the employer to a fine of $275,000, inclusive of…more

Canada, Fines, OHSA, Safety Precautions, Workplace Injury

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Mark Woltersdorf

"Restrictive Covenants - The Final Chapter (For Now) - Part 2"

Originally published in CCH Canadian Ltd, February 7. 2013. In This Issue: - Introduction - Subsection 56.4(7)— The “Realization of Goodwill Amount” and “Disposition of Property” Exceptions - Areas of Concern -…more

Anti-Avoidance, Residency Requirements, Restrictive Covenants

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Jennifer V. Wong

Focus on Real Estate - November 2012

In This Issue: - 1 Case Comment: Southcott Estates Inc. v. Toronto Catholic District School Board - 2 Why Landlords Should Think Twice Before Terminating - 3 That’s Unreasonable! Where’s My Consent? - 4 Emphytheusis…more

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Olivia Wright

Focus on International Trade - December 2012: Bill S-11, Safe Food for Canadians Act

On November 22, 2012, Bill S-11, Safe Food for Canadians Act (the Act) received royal assent. The Act is the most recent attempt by the Canadian government to modernize the Canada’s food regulatory scheme administered and…more

Canadian Food Inspection Agency, FDA, Food Commodities

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Jessica Yee

TSX Staff Notice Guidance Impacts IPO Plans

On November 7, 2013, the Toronto Stock Exchange (“TSX”) issued a Staff Notice to Applicants, Listed Issuers, Securities Lawyers and Participating Organizations (“Staff Notice”) that provides guidance for companies considering a…more

Canada, GAAP, IPO, Listing Standards, Mineral Exploration

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John Zerucelli

"Ontario Speech From The Throne", Focus On Public Policy, February 2013

On Tuesday, February 19th, 2013, the Honourable David Onley, Ontario's Lieutenant Governor, delivered the Wynne government’s Speech from the Throne in the Ontario legislature. Entitled The Way Forward, this speech officially…more

Casinos, Coal-Fired Generation, Compliance, Deficit Reduction, Fraud

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Saba Zia

Former Employee’s Facebook Post About Settlement Breached Confidentiality Provision In Settlement Agreement: Tribunal Reduced Employee’s Monetary Award

Trish-Ann Tremblay had entered into a settlement agreement with her former employer, 1168531 Ontario Inc., on September 13, 2011, with respect to the Human Rights Application she had filed against 1168531 Ontario Inc.. The…more

Confidentiality Agreements, Facebook, Human Rights, Mediation, Minutes of Settlement

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