Dentons

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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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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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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Europe Under Review: Part 5 Of 8 – Data Security

In the fifth instalment of our “Europe under Review” series, we will look at current data privacy laws and best practice in the UK in relation to data security, and, briefly, the impact of the new Data Protection Regulation…more

Audits, Cybersecurity, Data Breach, Data Processors, Data Protection

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Relaunching the Northern Plan

The Northern Plan will focus on the integrated and coherent development of the area covered by the Northern Plan which includes all of Québec located north of the 49th degree of north latitude and north of the St. Lawrence River…more

Canada, Mineral Exploration, Mining

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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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Canada’s Proposed Secure Air Travel Act

This is the second in a series of posts on Bill C-51, known as Canada’s Anti-terrorism Act, 2015. In my last post, I examined Part 1 of the Act, which would, if passed, enact the Security of Canada Information Sharing Act. That…more

Airlines, Canada, New Legislation, Secure Air Travel Act

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Court of Appeal Clarifies Directors’ Fiduciary Duties and the Business Judgment Rule for Executive Compensation Matters

The Court of Appeal for Ontario recently affirmed the nature of directors’ and officers’ fiduciary duties and clarified the application of the business judgment rule in the context of a dispute regarding executive compensation…more

Business Judgment Rule, Canada, Corporate Governance, Directors, Executive Compensation

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Your Partners Are Not Your Employees: Supreme Court Of Canada Clarifies The Application Of The Control/Dependency Test

In 2009, John McCormick, an equity partner in the law firm Fasken Martineau DuMoulin LLP (the “Firm”) filed a complaint with the British Columbia Human Rights Tribunal, alleging the Firm’s requirement that equity partners retire…more

Age Discrimination, Discrimination, Employee Rights, Employer Liability Issues, Law Firm Partners

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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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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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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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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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Netflix’s Apparent Crackdown on Geoblock Circumventers

Recent reports indicate that Netflix may be cracking down on the use of virtual private networks (VPN) and similar mechanisms to log into Netflix. While VPNs provide enhanced network security, they are commonly used by Netflix…more

Canada, Geoblocking, Netflix, Virtual Private Networks

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Tax Court: Storage Not a “Small Business”

The small business deduction (“SBD”) is a tax-preference provided to certain privately-held Canadian corporations, and only in respect of certain types of income. More specifically, the SBD provides for a reduction of the rate…more

Canada, Income Tax Act, Income Taxes, Tax Liability

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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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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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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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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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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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Case Bulletin: R v Karigar, 2014 ONSC 3093

For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official. The three-year penitentiary sentence was handed down by the Ontario Court of Justice under the Corruption of…more

Anti-Corruption, Bribery, Canada, CFPOA, Corruption

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Leroux: CRA Owes Duty Of Care To Taxpayer

Can a Canadian taxpayer successfully sue the Canada Revenue Agency? - In recent years, taxpayers have brought a number of civil actions against the Canada Revenue Agency (the “CRA”). The allegations in such cases ranged…more

Canada, CRA, Extortion, Fraud, Negligence

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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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A Definitive Ruling on the Issue of Without Cause Terminations under the Canada Labour Code

Federally regulated employers take note.  The Federal Court of Appeal has recently confirmed that without cause dismissals are not automatically deemed to be “unjust” under the provisions of the Canada Labour Code (the “Code”)…more

Canada, Dismissals, Hiring & Firing, Labour Code, Unfair Dismissal

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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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SCC Says Suspension with Pay can Amount to Constructive Dismissal

A non-unionized employee on an indefinite suspension with pay successfully claimed that he was constructively dismissed by his employer and was entitled to damages for wrongful dismissal. The case involved David Potter, an…more

Canada, Constructive Discharge, Employer Liability Issues, Hiring & Firing, Supreme Court of Canada

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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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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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Employers Be Aware: OSC Proposes Incentive-Based Whistleblower Program

The Ontario Securities Commission (the OSC) recently published “OSC Staff Consultation Paper 15-401” which sets out a proposed framework for an incentive-based whistleblower program. This program aims at incentivising…more

Canada, Proposed Legislation, Whistleblower Protection Policies, Whistleblowers

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More news on the ORPP

On December 18th, 2014, the Ontario government released its consultation paper on the new Ontario Retirement Pension Plan (ORPP). What’s important to note is that the government’s “preferred approach” is to impose the…more

Canada, Defined Contribution Plans, ORPP, Pensions

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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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David: Charitable Tax Credit Allowed For Amounts Paid For Inflated Donation Receipts

Where a taxpayer receives an inflated donation receipt, may the taxpayer claim a charitable donation credit for the cash amount of the gift?…more

Charitable Donations, Charitable Organizations, Income Taxes, Tax Credits

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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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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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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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Europe Under Review : Part 6 Of 8 – International Transfers

This week in our series of “back to privacy basics”, we look at the issue of international transfers of personal data. General Rule - Given the harmonised approach to data protection laws across Europe, transfers…more

Data Protection, EU, International Data Transfers, Personally Identifiable Information, Proposed Regulation

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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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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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Two New Judges Appointed to Tax Court of Canada

Two new judges have been appointed to the Tax Court of Canada. From the news release published by the Department of Justice: OTTAWA, February 6, 2015 – The Honourable Peter MacKay, P.C., Q.C., M.P. for Central…more

Canada, Judicial Appointments, Tax Court

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Court Limits Plaintiff’s Ability to Access Corporate Documents in Securities Class Action

In Mask v. Silvercorp Metals Inc. released on July 18, 2014, the Ontario Superior Court of Justice considered whether a plaintiff seeking leave to commence a secondary market liability action under the Securities Act is…more

Canada, Class Action, Confidential Documents, Ontario Securities Act

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Online Dating Site Hit with Anti-Spam Law Fine

On the heels of issuing its first Notice of Violation under Canada’s Anti-spam Legislation (CASL) earlier this month, the Canadian Radio-television and Telecommunications Commission (CRTC) announced today that Plentyoffish Media…more

Canada, CASL, Corporate Fines, CRTC, Dating Services

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Carrying on Business & Extra-Provincial Registration

All Canadian businesses that are incorporated whether federally or provincially must complete an extra-provincial registration if they “carry on business” in a province other than the jurisdiction of incorporation. This means…more

Business Formation, Canada, Jurisdiction

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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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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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Guindon: SCC Hears Arguments in Penalty Case

The Supreme Court of Canada heard oral arguments today in the case of Guindon v. The Queen (Docket No. 35519). At issue in the case is the nature of the third-party penalty in section 163.2 of the Income Tax Act…more

Canada, Income Taxes, Third-Party Liability

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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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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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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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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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STEP Canada: CRA Provides Update on Audit Activities

The Society of Trust and Estate Practitioners (STEP Canada) held its 16th annual national conference on June 16-17 in Toronto. As it has in previous years, the conference featured a Canada Revenue Agency Roundtable wherein two…more

Audits, Canada, CRA, Estate Tax

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ECJ case on Safe Harbor

The ECJ heard arguments, this week, in the action against the Irish Data Protection Commissioner that Safe Harbor should be declared invalid.  The case was originally brought by Austrian law student, Max Schrems…more

Cloud Computing, EU, European Court of Justice, Ireland, Safe Harbors

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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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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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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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Your Partners Are Not Your Employees: Supreme Court Of Canada Clarifies The Application Of The Control/Dependency Test

In 2009, John McCormick, an equity partner in the law firm Fasken Martineau DuMoulin LLP (the “Firm”) filed a complaint with the British Columbia Human Rights Tribunal, alleging the Firm’s requirement that equity partners retire…more

Age Discrimination, Discrimination, Employee Rights, Employer Liability Issues, Law Firm Partners

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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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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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Important Changes to Offerings to Existing Security Holders and Rights Offerings and their Impact on the Mining Sector in Canada

Two important developments were announced today that affect how Canadian reporting issuers can raise capital from their existing security holders: - The Ontario Securities Commission (“OSC”) announced the introduction of…more

Canada, Issuers, Mining, Offerings

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First Data gains approval for its Processor BCRs

Dentons has advised First Data Corporation (“First Data“), a global leader in payment technology and service solutions, in successfully obtaining approval for its Binding Corporate Rules (“BCRs“) for Data Processors. BCRs are a…more

Canada, EU Data Protection Laws

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Employers Be Aware: OSC Proposes Incentive-Based Whistleblower Program

The Ontario Securities Commission (the OSC) recently published “OSC Staff Consultation Paper 15-401” which sets out a proposed framework for an incentive-based whistleblower program. This program aims at incentivising…more

Canada, Proposed Legislation, Whistleblower Protection Policies, Whistleblowers

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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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Are Fairness Opinions Admissible on a Plan of Arrangement Hearing?

Differing viewpoints have recently arisen in the Ontario Superior Court of Justice (Commercial List) as to whether fairness opinions are admissible during court approval of plans of arrangement. In Champion Iron Mines Limited…more

Canada, Fairness Hearings, Schemes of Arrangement

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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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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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Europe Under Review: Part 7 Of 8 – Privacy Governance

As the next in our series of “back to privacy basics”, we look at the rules regarding privacy governance. As we will do throughout this series, we take a look at the current position and what is best practice for an…more

Data Processors, Data Protection, Privacy Policy, UK, UK Data Protection Act

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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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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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Benefits For Employees Over Age 65

As of December 2006, the Ontario Human Rights Code was amended to abolish mandatory retirement. However, the provincial government intentionally did not make corresponding revisions to the Employment Standards Act or the…more

Canada, Employee Benefits, Employment Standards Act, Hiring & Firing, Retirement

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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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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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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

See All Updates »

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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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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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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Case Bulletin: R v Karigar, 2014 ONSC 3093

For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official. The three-year penitentiary sentence was handed down by the Ontario Court of Justice under the Corruption of…more

Anti-Corruption, Bribery, Canada, CFPOA, Corruption

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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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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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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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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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Aggravated damages awarded under OHSA for retaliatory firing

An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee in retaliation for raising safety issues. The employee worked at a hair salon. She suffered an injury at work as a…more

Adverse Employment Action, Aggravated Damages, Canada, OHSA, Retaliation

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Emerging Markets: Non-EU Investment Funds Eligible For Withholding Tax Refund

In Emerging Markets Series of DFA Investment Trust Company (C -190/12), the European Court of Justice (ECJ) confirmed that investment funds based outside the European Union (EU) should benefit from the EU free movement of…more

CJEU, ECJ, Emerging Markets, EU, Foreign Investment

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#Monkey-Selfie

The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters News…more

Copyright, Photographs, Wikipedia

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On the Radar Screen: the Stronger Workplaces for a Stronger Economy Act, 2014

As we reported in a previous blog post that can be found here, the Stronger Workplaces for a Stronger Economy Act, 2014 makes some significant changes to several Ontario statutes.  The legislation received Royal Assent on…more

Canada, Employer Mandates, Joint Employers, Minimum Wage, New Legislation

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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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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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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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Highlights from the Toronto Centre CRA & Professionals Group Breakfast Seminar – February 19, 2015

On February 19, 2015, at the Toronto Centre CRA & Professionals Group Breakfast Seminar CRA representatives provided an update on two topics: 1) online CRA e-services, and 2) Regulation 102 and Regulation 105 waivers for…more

Canada, Canadian Revenue Agency, Professional Development

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Welcome Tax Measures Announced at the PDAC 2015 Convention

On Sunday March 1, 2015, the Honourable Joe Oliver, Federal Minister of Finance addressed the Prospectors & Developers Association of Canada (“PDAC”) at the annual PDAC Convention in Toronto and announced certain proposals aimed…more

Canada, Corporate Taxes, Exploration and Production Assets, Investors, Mining

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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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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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Welcome Tax Measures Announced at the PDAC 2015 Convention

On Sunday March 1, 2015, the Honourable Joe Oliver, Federal Minister of Finance addressed the Prospectors & Developers Association of Canada (“PDAC”) at the annual PDAC Convention in Toronto and announced certain proposals aimed…more

Canada, Corporate Taxes, Exploration and Production Assets, Investors, Mining

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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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#Monkey-Selfie

The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters News…more

Copyright, Photographs, Wikipedia

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Court Limits Plaintiff’s Ability to Access Corporate Documents in Securities Class Action

In Mask v. Silvercorp Metals Inc. released on July 18, 2014, the Ontario Superior Court of Justice considered whether a plaintiff seeking leave to commence a secondary market liability action under the Securities Act is…more

Canada, Class Action, Confidential Documents, Ontario Securities Act

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Let’s Talk TV – CRTC Roadmap to “Maximize Viewer Choice”

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued its fourth ”Let’s Talk TV” policy decision on the regulation of the Canadian television system.  Today’s decision is  A World of Choice – A…more

Canada, CRTC, Television Broadcast Stations, Television Programming

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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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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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Supreme Court of Canada Explains Constitutional Right to Collective Bargaining

In a decision released January 16, 2015, the Supreme Court of Canada once again revisited how much constitutional protection is afforded to the collective bargaining process. In Mounted Police Association of Ontario v. Canada…more

Canada, Collective Bargaining, SCC

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Westerhoff and McCallum: More from the OCA on Expert Evidence

The Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.  All three appeals were heard together…more

Appeals, Canada, Evidence, Expert Witness, Medical Malpractice

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Emerging Markets: Non-EU Investment Funds Eligible For Withholding Tax Refund

In Emerging Markets Series of DFA Investment Trust Company (C -190/12), the European Court of Justice (ECJ) confirmed that investment funds based outside the European Union (EU) should benefit from the EU free movement of…more

CJEU, ECJ, Emerging Markets, EU, Foreign Investment

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Prince v ACE: Extra-Territorial Effect Of U.S. Tax Laws?

Should a Canadian court exercise its jurisdiction to hear a class action lawsuit against Air Canada for improperly collecting U.S. travel taxes on ticket purchases in Canada and on air travel in Canada?…more

Canada, Extraterritoriality Rules, Foreign Jurisdictions, International Tax Issues, Jurisdiction

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Not Quite An Eye For An Eye – Judge Rules That Employee’s “Kick In The Butt” Excuses Co-Worker’s Punch In The Mouth

Does a “kick in the butt” excuse a punch in the mouth? That was the question facing the Court in the recent case of Li v Furguson, 2013 CanLII 91746 (Ont. Sm. Cl. Ct.). Peng Li and Winston Furguson worked in the shipping…more

Battery, Employer Liability Issues, Workplace Violence

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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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Ontario Ministry of Labour Inspector Charged with Extortion

According to a Toronto Police news release, on October 21, 2014, a Ministry of Labour Inspector was arrested and charged with breach of trust, accepting a benefit from a person having dealings with government, and extortion,…more

Audits, Bribery, Canada, Ministry of Labour

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"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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Important Changes to Offerings to Existing Security Holders and Rights Offerings and their Impact on the Mining Sector in Canada

Two important developments were announced today that affect how Canadian reporting issuers can raise capital from their existing security holders: - The Ontario Securities Commission (“OSC”) announced the introduction of…more

Canada, Issuers, Mining, Offerings

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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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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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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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Canadian securities regulators reach consensus on more target-friendly take-over bid legislation

The Canadian Securities Administrators (“CSA”) have announced that they intend to publish a new proposal for changes to the regulation of take-over bids, replacing the two alternative proposals published for comment in March…more

AMF Authorization, Canada, Canadian Securities Administration, Financial Regulatory Reform, Takeover Bids

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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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Europe under Review: Part 8 of 8 – Individual Rights

This week we look at the last topic in our series of “back to data privacy basics”: individual rights. Rights of individuals at the heart of data protection - As we have seen over this series, the protection of…more

Data Protection, EU, EU Data Protection Laws, Internet, Right to Be Forgotten

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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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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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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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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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I Want What She’s Getting – “Favored Nations” Clauses in Entertainment Contracts

The “favored nations” or “most favored nations” or “MFN” concept/clause, while not omnipresent in entertainment contracts, certainly gets its fair share of use. This post will explore the purpose and operation of FN and MFN…more

Canada, Entertainment Industry, Most-Favored Nations

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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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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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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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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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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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Update on changes to WHMIS requirements and transition period

Work Safe Alberta has released an Occupational Health and Safety bulletin to assist Alberta employers and workers understand the impact of the recent amendments to the federal WHMIS legislation ( see my earlier blog post Federal…more

Amended Regulation, Canada, Hazardous Substances, OHSA, Workplace Safety

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"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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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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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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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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"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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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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Contact

77 King Street West Suite 400, Toronto-Dominion Centre
Toronto, ON M5K 0A1, Canada

Contact: Samantha Francis

  • 416 361 2388
  • 416 863 4592

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • 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
  • Toxic Torts
  • Transportation
  • Zoning, Planning & Land Use
See more
Locations
Other Countries
  • Canada
Number of Attorneys

1,000+ 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.

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