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Attorney	Latest Publications
Matthew Anderson	Proposed Amendments to Investment Canada Act Capture Control-in-Fact Investments by State-Owned Enterprises On April 29, 2013, the Federal Government introduced its 2013 budget implementation bill, Bill C-60,1 which would also implement announcements made by the Federal Government on December 7, 2012 concerning investments by…more Canada, Foreign Investment, National Security, Proposed Amendments, State-Owned Enterprises	See All Updates »
Mark Austin	Canadian Food Inspection Agency Releases Guidelines for Highlighted Ingredients and Flavours In an era of heightened awareness regarding health and obesity, consumers are taking a much greater interest in the foods they eat. Health concerns have led to increased scrutiny of ingredients on product labels and a newfound…more Canada, CFIA, Class Action, False Statements, FDA	See All Updates »
Jeremy Barretto	Federal Court Provides Guidance on Adequacy of Consultation About Environmental Assessments of Major Resource Projects On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit (the Applicant) to judicially review the Order in Council (OIC) issued on the…more Canada, CEAA, Environmental Assessments, EPA	See All Updates »
Nathalie Beauregard	Franchising in Quebec - April 2013 Bill 14 Amending the Charter of French Language: The Implications for Québec SMEs - On December 5, 2012, the National Assembly of Québec introduced Bill 14, an Act to amend the Charter of the French language, the Charter…more Canada, Native Language, Proposed Legislation	See All Updates »
Luiz Bihari	New Product Liability Class Action Highlights Uncertainties in Class Proceedings On April 15, 2013, the Ontario Superior Court of Justice certified a product liability class action in respect of pharmaceutical products manufactured by Bayer Inc. In so doing, the Court’s reasoning highlighted the continued…more Bayer, Canada, Class Action, Class Certification, Pharmaceutical	See All Updates »
Sonia Bjorkquist	Canadian Food Inspection Agency Releases Guidelines for Highlighted Ingredients and Flavours In an era of heightened awareness regarding health and obesity, consumers are taking a much greater interest in the foods they eat. Health concerns have led to increased scrutiny of ingredients on product labels and a newfound…more Canada, CFIA, Class Action, False Statements, FDA	See All Updates »
John Black	Canadian Securities Regulators Issue Discussion Paper on Mutual Fund Fees On December 13, 2012 the Canadian Securities Administrators (CSA) published Discussion Paper and Request for Comment 81-407 Mutual Fund Fees (Discussion Paper) focused on the regulation of mutual fund fees in Canada. The…more Canadian Securities Administration, Investment Adviser, Mutual Funds	See All Updates »
Richard Borins	Indalex – Priorities and Pension Deficiencies On Friday, February 1, 2013, the Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re). The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial…more BIA Priority Regime, CCAA, Constructive Trusts, Debtors-in-Possession, Indalex	See All Updates »
Carine Bouzaglou	Canadian Food Inspection Agency Releases Guidelines for Highlighted Ingredients and Flavours In an era of heightened awareness regarding health and obesity, consumers are taking a much greater interest in the foods they eat. Health concerns have led to increased scrutiny of ingredients on product labels and a newfound…more Canada, CFIA, Class Action, False Statements, FDA	See All Updates »
Timour Breslavski	National Assembly introduces Integrity in Public Contracts Act Nov 12, 2012 On November 1, 2012, the National Assembly of Québec introduced Bill 1, a bill amending the Act respecting contracting by public bodies (Bill). The Bill was introduced in order to fight corruption and enhance integrity in the…more	See All Updates »
Lia Bruschetta	No More Room at the Counsel Table: Québec Appeal Court Rejects Intervenor Status for Canadian Franchise Association in the Dunkin’ Donuts Case In a decision released on May 10, 2013, Justice Gascon of the Québec Court of Appeal dismissed the Canadian Franchise Association’s (CFA’s) motion for leave to intervene in ongoing proceedings between Dunkin’ Brands Canada Ltd…more	See All Updates »
Doug Bryce	Significant Changes Proposed to Early Warning Regime – Key Disclosure Trigger Lowered to 5% The Canadian Securities Administrators (the CSA) have proposed significant amendments to the “early warning” regime with respect to the disclosure of ownership positions in Canadian public companies…more Canada, Canadian Securities Administration, Disclosure Requirements, Early Warning Regime, Proposed Amendments	See All Updates »
Janice Buckingham	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
Carol Buckmann	U.S. Plan Audit Activity is on the Rise – How to Lower Your Risk Does your 401(k) plan pay higher than average fees? Do you have more than one qualified plan? A number of recent reports indicate why you may receive special scrutiny if your plan is selected for audit or investigation…more 401k, Audits, Benefit Plan Sponsors, DOL, Fees	See All Updates »
Robert Carson	Five-Judge Panel of Court of Appeal to Consider Limitation Period for Securities Class Actions The Court of Appeal for Ontario announced this week that it will convene a special five-judge panel to hear appeals considering the statutory limitation period applicable to securities class actions for secondary market…more Appeals, Class Action, Limitation Periods, Misrepresentation, Nunc Pro Tunc	See All Updates »
Lorraine Chan	Safety Inspection Blitzes for Industrial and Construction Sectors The Ontario Ministry of Labour (MOL) has announced that inspectors will be conducting safety inspection blitzes on “Slips, Trips and Falls (ladder safety and fall protection hazards)” in February/March of this year, focusing on…more Ministry of Labour, OHSA, Safety Inspections, Safety Precautions, Workplace Hazards	See All Updates »
Stephen Clark	Canada’s Largest Six Banks Designated as Systemically Important by OSFI In conjunction with A framework for dealing with domestic systemically important banks issued by the Basel Committee on Banking Supervision (BCBS), the Office of the Superintendent of Financial Institutions Canada (OSFI) has…more Banks, Basel Committee, Canada, OSFI	See All Updates »
Sandra Cohen	NYSE and NASDAQ Listing Standards for Compensation Committees and Compensation Advisers Approved By SEC On January 11, 2013, the U.S. Securities and Exchange Commission (SEC) approved the New York Stock Exchange’s (NYSE) and the NASDAQ Stock Market’s (NASDAQ) listing standards relating to the independence of compensation…more Compensation Committee, Independence Rules, Listing Standards, Nasdaq, NYSE	See All Updates »
Jack Coop	Appeal Court Confirms That Innocent Party Must Clean Up Pollution In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of the…more Canada, Contaminated Properties, Environmental Protection Act	See All Updates »
Elizabeth Coyle	Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to…more Aboriginal Issues, Abuse of Process, Canada, Environmental Assessments	See All Updates »
Riyaz Dattu	Hot Topics in Mining Litigation Recent Canadian and international trends point to signs of an increasingly litigious mining industry and an increased risk of liability exposure for mining companies, officers and directors. Over the last several months, there…more CFPOA, Class Action, Environmental Assessment Certificates, Human Rights, Mining	See All Updates »
Rod Davidge	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
Michael De Lellis	Indalex – Priorities and Pension Deficiencies On Friday, February 1, 2013, the Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re). The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial…more BIA Priority Regime, CCAA, Constructive Trusts, Debtors-in-Possession, Indalex	See All Updates »
Shawn Denstedt Q.C.	Aboriginal Consultation Levy Act Introduced into the Alberta Legislature On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding necessary…more Aboriginal Consultation Office, Canada, Consultation, Indigenous Peoples	See All Updates »
Anthony Devir	Indalex: What Are the Pension Implications? “When a business becomes insolvent, many interests are at risk. Creditors may not be able to recover their debts, investors may lose their investments and employees may lose their jobs. If the business is the sponsor of an…more Benefit Plan Sponsors, Commercial Bankruptcy, Fiduciary Duty, Indalex, Pension Benefits Act	See All Updates »
Justin Dharamdial	OSC’s Crowdfunding Proposal Receives Favourable Comments On March 8, 2013, the Ontario Securities Commission (OSC) closed the comment period on its Staff Consultation Paper 45-710: Considerations for New Capital Raising Prospectus Exemptions (the Consultation Paper), which sought…more Canada, Consultation, Crowdfunding, Disclosure Requirements, Exemptions	See All Updates »
Jennifer Dolman	No More Room at the Counsel Table: Québec Appeal Court Rejects Intervenor Status for Canadian Franchise Association in the Dunkin’ Donuts Case In a decision released on May 10, 2013, Justice Gascon of the Québec Court of Appeal dismissed the Canadian Franchise Association’s (CFA’s) motion for leave to intervene in ongoing proceedings between Dunkin’ Brands Canada Ltd…more	See All Updates »
Sander Duncanson	Alberta First Nations Challenge Constitutionality of Federal Regulatory Reforms On January 8, 2012, the Mikisew Cree First Nation and the Frog Lake First Nation (the First Nations), both located in Alberta, filed notices of application (the Applications) with the Federal Court seeking judicial review of the…more CEAA, First Nations, Fisheries Act, Jobs Growth and Long-term Prosperity Act	See All Updates »
Jennifer Fairfax	Appeal Court Confirms That Innocent Party Must Clean Up Pollution In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of the…more Canada, Contaminated Properties, Environmental Protection Act	See All Updates »
James Fera	Pension Plan Restructuring (Part IV) – Plan Amendments There are other ways to restructure your defined benefit plan to decrease future costs that are typically less drastic than the conversion to defined contribution or plan wind-up options discussed in my previous posts…more Accrued Benefits, Defined Benefit Plans, Pensions, Restructuring	See All Updates »
Medard Fischer	“Don’t Ask, Don’t Waive” Standstill Provisions and the Board’s Duty to Stay Informed A trio of Delaware Court of Chancery rulings in 2012 have re-emphasized a target board’s duty to stay informed of material information throughout all stages of a transaction and have highlighted possible tensions between that…more Celera, Complete Genomics, Fiduciary Duty, Shareholder Litigation, Shareholder Rights	See All Updates »
Barry Fong	Proposed Anti-Counterfeiting Bill Includes Wide Sweeping Changes to the Trade-marks Act On March 1, 2013, the Canadian Government introduced Bill C-56, Combating Counterfeit Products Act. This Bill, which is being promoted by the Government as a means of reducing the presence of, and trade in, counterfeit goods in…more Counterfeiting, Proposed Legislation, Trademark Act, Trademarks	See All Updates »
Jeremy Fraiberg	New Rights Plan and Defensive Tactics Proposals Shift Canadian M&A Landscape A newly-proposed Canadian Securities Administrators (CSA) rule on shareholder rights plans and an alternative proposal on defensive tactics from the Autorité des marchés financiers (AMF) of Quebec would, if adopted, each result…more Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Hostile Takeover	See All Updates »
Peter Franklyn	Proposed Amendments to Investment Canada Act Capture Control-in-Fact Investments by State-Owned Enterprises On April 29, 2013, the Federal Government introduced its 2013 budget implementation bill, Bill C-60,1 which would also implement announcements made by the Federal Government on December 7, 2012 concerning investments by…more Canada, Foreign Investment, National Security, Proposed Amendments, State-Owned Enterprises	See All Updates »
Laura Fric	Class Members in Ontario Securities Action Can Be Bound by Settlement of Parallel U.S. Class Proceeding An Ontario court has just released a welcome decision for issuers who may find themselves defending parallel securities class actions in multiple jurisdictions. In the decision, the judge held that members of a class certified…more Canada, Class Action, Foreign Judgments, Jurisdiction, Settlement	See All Updates »
Stephanie Fujarczuk	Ontario Courts Cannot Validate Foreign Service of Claims Where the Hague Convention Applies The Ontario Court of Appeal recently confirmed that foreign states can hinder a plaintiff from serving a foreign defendant if that defendant resides in a country that is a member of the Hague Convention on the Service Abroad of…more Canada, Foreign Service of Claims, Hague Convention, Service Proceedings	See All Updates »
Hugo-Pierre Gagnon	OSC’s Crowdfunding Proposal Receives Favourable Comments On March 8, 2013, the Ontario Securities Commission (OSC) closed the comment period on its Staff Consultation Paper 45-710: Considerations for New Capital Raising Prospectus Exemptions (the Consultation Paper), which sought…more Canada, Consultation, Crowdfunding, Disclosure Requirements, Exemptions	See All Updates »
Thoma Gelbman	Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to…more Aboriginal Issues, Abuse of Process, Canada, Environmental Assessments	See All Updates »
Mark Gelowitz	Ontario Courts Cannot Validate Foreign Service of Claims Where the Hague Convention Applies The Ontario Court of Appeal recently confirmed that foreign states can hinder a plaintiff from serving a foreign defendant if that defendant resides in a country that is a member of the Hague Convention on the Service Abroad of…more Canada, Foreign Service of Claims, Hague Convention, Service Proceedings	See All Updates »
Donald Gilchrist	Significant Changes Proposed to Early Warning Regime – Key Disclosure Trigger Lowered to 5% The Canadian Securities Administrators (the CSA) have proposed significant amendments to the “early warning” regime with respect to the disclosure of ownership positions in Canadian public companies…more Canada, Canadian Securities Administration, Disclosure Requirements, Early Warning Regime, Proposed Amendments	See All Updates »
Deborah Glendinning	Class Actions in Canada 2012 - The Year in Review and The Year Ahead In This Issue: Introduction; Class Action Practice Developments; Common Issues Trials; Class Actions in Quebec; Securities Class Actions; Competition Class Actions; Product Liability Class Actions; Franchise Class Actions;…more Class Action	See All Updates »
Peter Glossop	Proposed Amendments to Investment Canada Act Capture Control-in-Fact Investments by State-Owned Enterprises On April 29, 2013, the Federal Government introduced its 2013 budget implementation bill, Bill C-60,1 which would also implement announcements made by the Federal Government on December 7, 2012 concerning investments by…more Canada, Foreign Investment, National Security, Proposed Amendments, State-Owned Enterprises	See All Updates »
Alex Gorka	Significant Changes Proposed to Early Warning Regime – Key Disclosure Trigger Lowered to 5% The Canadian Securities Administrators (the CSA) have proposed significant amendments to the “early warning” regime with respect to the disclosure of ownership positions in Canadian public companies…more Canada, Canadian Securities Administration, Disclosure Requirements, Early Warning Regime, Proposed Amendments	See All Updates »
Victoria Graham	Canada’s Largest Six Banks Designated as Systemically Important by OSFI In conjunction with A framework for dealing with domestic systemically important banks issued by the Basel Committee on Banking Supervision (BCBS), the Office of the Superintendent of Financial Institutions Canada (OSFI) has…more Banks, Basel Committee, Canada, OSFI	See All Updates »
John Groenewegen	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
Geoffrey Grove	Class Actions: New Decisions Send a Strong Warning to Class Counsel on Fee Premiums In two significant rulings in Ontario, the Courts have sent a strong signal to plaintiff class action firms that they will not be entitled to claim a fee premium following a successful settlement unless they can demonstrate that…more Attorney's Fees, Class Action, Settlement	See All Updates »
Shahir Guindi	OSC’s Crowdfunding Proposal Receives Favourable Comments On March 8, 2013, the Ontario Securities Commission (OSC) closed the comment period on its Staff Consultation Paper 45-710: Considerations for New Capital Raising Prospectus Exemptions (the Consultation Paper), which sought…more Canada, Consultation, Crowdfunding, Disclosure Requirements, Exemptions	See All Updates »
Jason Hanson	Ontario Employers Need to Revisit Crisis Management Procedures in Light of Court of Appeal Ruling Employers should update their Crisis Management procedures and related training because the Court of Appeal has ruled that any critical injury at a workplace, whether suffered by a customer, visitor, or another employee, may…more Crisis Management, OHSA, Reporting Requirements, Workplace Injury	See All Updates »
Andrew Herr	Update – Letter from LSTA, American Bankers Association Requests Time for Implementation of Final Guidance on Leveraged Lending This entry updates our entry of April 9, 2013 and this corresponding Osler Update by Andrew Herr regarding the Final Guidance on Leveraged Lending. …more Extensions, Final Guidance, Leveraged Loans	See All Updates »
Adam Hirsh	Class Actions: New Decisions Send a Strong Warning to Class Counsel on Fee Premiums In two significant rulings in Ontario, the Courts have sent a strong signal to plaintiff class action firms that they will not be entitled to claim a fee premium following a successful settlement unless they can demonstrate that…more Attorney's Fees, Class Action, Settlement	See All Updates »
Clay Horner	New Rights Plan and Defensive Tactics Proposals Shift Canadian M&A Landscape A newly-proposed Canadian Securities Administrators (CSA) rule on shareholder rights plans and an alternative proposal on defensive tactics from the Autorité des marchés financiers (AMF) of Quebec would, if adopted, each result…more Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Hostile Takeover	See All Updates »
Scott Horner	Indalex – Priorities and Pension Deficiencies On Friday, February 1, 2013, the Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re). The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial…more BIA Priority Regime, CCAA, Constructive Trusts, Debtors-in-Possession, Indalex	See All Updates »
Martin Ignasiak	Significant Changes Announced for Aboriginal Consultation in Alberta On April 2, 2013, the Government of Alberta released a revised draft of its First Nations consultation policy, corporate guidelines and consultation matrix for review and comment. This policy calls for significant changes to…more Aboriginal Consultation Office, Canada, Consultation, Disclosure Requirements, First Nations	See All Updates »
Michael Innes	2012 Corporate Finance Review – Low Interest Rate Environment Provides Opportunities in the Debt Markets Osler has published its 2012 Capital Markets Review which includes a look back at the year in Canadian corporate finance by Desmond Lee and Michael Innes…more Bonds, Debt Market, Interest Rates	See All Updates »
Sandeep Joshi	Alberta Securities Commission Decision Highlights the Importance of Context in Assessing Materiality A recent decision of the Alberta Securities Commission addresses allegations of insider trading (and in the case of one respondent, tipping) against several senior officers of a public company and a spouse of an executive. In…more Alberta Securities Commission, Disclosure Requirements, Insider Trading, Material Nonpublic Information	See All Updates »
Stephanie Kauffman	Plan’s Funded Status Required to be Disclosed under Freedom of Information Request Pension plan sponsors may be surprised to learn that information provided to pension regulators pursuant to statutory filing obligations could be more widely disclosed through an “access to information” request. In a recent…more Disclosure Requirements, Employee Benefits, FIPPA, FOIA, Multi-Employer Pensions	See All Updates »
Colin Kelly	Ontario Employers Need to Revisit Crisis Management Procedures in Light of Court of Appeal Ruling Employers should update their Crisis Management procedures and related training because the Court of Appeal has ruled that any critical injury at a workplace, whether suffered by a customer, visitor, or another employee, may…more Crisis Management, OHSA, Reporting Requirements, Workplace Injury	See All Updates »
Gerard Kennedy	Non-Compete / Non-Solicit Covenants: Ontario Court of Appeal Provides Guidance on Requirements for Enforceability The Ontario Court of Appeal’s February 5, 2013 decision in Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72 analyzes the non-competition and non-solicitation covenants applying to a former company President (Martin)…more Employment Contract, Non-Compete Agreements, Non-Solicitation Agreements, Restraint of Trade, Restrictive Covenants	See All Updates »
Jessica Kennedy	Federal Court Extends Federal Jurisdiction to Métis and Non-Status Indians: No Impact to Resource Developers A recent Federal Court decision clarifies and extends federal jurisdiction to Métis and non-status Indians. This ruling is significant because there could be broad financial and policy implications for the federal government…more Federal Jurisdiction, Land Developers, Native American Issues	See All Updates »
Maureen Killoran	Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to…more Aboriginal Issues, Abuse of Process, Canada, Environmental Assessments	See All Updates »
Daniel Kirby	Appeal Court Confirms That Innocent Party Must Clean Up Pollution In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of the…more Canada, Contaminated Properties, Environmental Protection Act	See All Updates »
Breann Kirincich	Canadian Securities Regulators Issue Discussion Paper on Mutual Fund Fees On December 13, 2012 the Canadian Securities Administrators (CSA) published Discussion Paper and Request for Comment 81-407 Mutual Fund Fees (Discussion Paper) focused on the regulation of mutual fund fees in Canada. The…more Canadian Securities Administration, Investment Adviser, Mutual Funds	See All Updates »
Joshua Krusell	Ontario Court Recognizes “Light” as a Contaminant Under the Environmental Protection Act In February 2013, Justice Green of the Ontario Court of Justice held that sunlight reflected from a building can be considered a contaminant under the Ontario Environmental Protection Act (EPA). Justice Green’s ruling, while…more Canada, Contamination, Endangered Species, Environmental Protection Act, Light Pollution	See All Updates »
Marc Kushner	“Don’t Ask, Don’t Waive” Standstill Provisions and the Board’s Duty to Stay Informed A trio of Delaware Court of Chancery rulings in 2012 have re-emphasized a target board’s duty to stay informed of material information throughout all stages of a transaction and have highlighted possible tensions between that…more Celera, Complete Genomics, Fiduciary Duty, Shareholder Litigation, Shareholder Rights	See All Updates »
Tara Kyluik	Alberta Securities Commission Decision Highlights the Importance of Context in Assessing Materiality A recent decision of the Alberta Securities Commission addresses allegations of insider trading (and in the case of one respondent, tipping) against several senior officers of a public company and a spouse of an executive. In…more Alberta Securities Commission, Disclosure Requirements, Insider Trading, Material Nonpublic Information	See All Updates »
Michelle Lally	Proposed Amendments to Investment Canada Act Capture Control-in-Fact Investments by State-Owned Enterprises On April 29, 2013, the Federal Government introduced its 2013 budget implementation bill, Bill C-60,1 which would also implement announcements made by the Federal Government on December 7, 2012 concerning investments by…more Canada, Foreign Investment, National Security, Proposed Amendments, State-Owned Enterprises	See All Updates »
Rob Lando	Canadian Securities Regulators Grant Exemptions from Wrapper Requirements A group of securities dealers has successfully obtained relief from most of the requirements that typically drive the need for a Canadian private placement supplement, or wrapper, for selling securities of non-Canadian issuers…more Canada, Canadian Securities Administration, Exemptions, Investors, SEC	See All Updates »
Desmond Lee	2012 Corporate Finance Review – Low Interest Rate Environment Provides Opportunities in the Debt Markets Osler has published its 2012 Capital Markets Review which includes a look back at the year in Canadian corporate finance by Desmond Lee and Michael Innes…more Bonds, Debt Market, Interest Rates	See All Updates »
Paul Litner	Ratansi: Court Clarifies Treatment of Employees Who Are Transferred as Part of Transaction The Ontario Divisional Court’s recent judgment in Ontario Pension Board v. Ratansi has overturned an earlier decision of the Financial Services Tribunal and restored an understanding established by previous Tribunal precedents…more Employee Transfers, Pensions	See All Updates »
Craig Lockwood	New Product Liability Class Action Highlights Uncertainties in Class Proceedings On April 15, 2013, the Ontario Superior Court of Justice certified a product liability class action in respect of pharmaceutical products manufactured by Bayer Inc. In so doing, the Court’s reasoning highlighted the continued…more Bayer, Canada, Class Action, Class Certification, Pharmaceutical	See All Updates »
Larry Lowenstein	Class Members in Ontario Securities Action Can Be Bound by Settlement of Parallel U.S. Class Proceeding An Ontario court has just released a welcome decision for issuers who may find themselves defending parallel securities class actions in multiple jurisdictions. In the decision, the judge held that members of a class certified…more Canada, Class Action, Foreign Judgments, Jurisdiction, Settlement	See All Updates »
James Lurie	NYSE and NASDAQ Listing Standards for Compensation Committees and Compensation Advisers Approved By SEC On January 11, 2013, the U.S. Securities and Exchange Commission (SEC) approved the New York Stock Exchange’s (NYSE) and the NASDAQ Stock Market’s (NASDAQ) listing standards relating to the independence of compensation…more Compensation Committee, Independence Rules, Listing Standards, Nasdaq, NYSE	See All Updates »
Andrew MacDougall	NYSE and NASDAQ Listing Standards for Compensation Committees and Compensation Advisers Approved By SEC On January 11, 2013, the U.S. Securities and Exchange Commission (SEC) approved the New York Stock Exchange’s (NYSE) and the NASDAQ Stock Market’s (NASDAQ) listing standards relating to the independence of compensation…more Compensation Committee, Independence Rules, Listing Standards, Nasdaq, NYSE	See All Updates »
Suzanne MacMillan	Aboriginal Consultation Levy Act Introduced into the Alberta Legislature On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding necessary…more Aboriginal Consultation Office, Canada, Consultation, Indigenous Peoples	See All Updates »
Tristram Mallett	Alberta Securities Commission Decision Highlights the Importance of Context in Assessing Materiality A recent decision of the Alberta Securities Commission addresses allegations of insider trading (and in the case of one respondent, tipping) against several senior officers of a public company and a spouse of an executive. In…more Alberta Securities Commission, Disclosure Requirements, Insider Trading, Material Nonpublic Information	See All Updates »
Jonathan Marin	Pooled Registered Pension Plans – Status Update To address concerns about pension coverage in Canada, the federal government introduced the concept of the pooled registered pension plan (PRPP) in late 2011 through Bill C-25, the Pooled Registered Pension Plan Act (PRPP Act)…more Canada, Pooled Registration Pension Plans	See All Updates »
Douglas Marshall	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
Ian McSweeney	Indalex: What Are the Pension Implications? “When a business becomes insolvent, many interests are at risk. Creditors may not be able to recover their debts, investors may lose their investments and employees may lose their jobs. If the business is the sponsor of an…more Benefit Plan Sponsors, Commercial Bankruptcy, Fiduciary Duty, Indalex, Pension Benefits Act	See All Updates »
Dominic Mochrie	Franchise Legislation - Is British Columbia Next in Line for Franchise Legislation? Proposed franchise legislation featured prominently in “An Agenda for Justice,” a report recently released by the British Columbia Branch of the Canadian Bar Association (CBA). The document, released on February 5, 2013 in…more Canada, Franchises, Proposed Legislation	See All Updates »
Paul Morassutti	Appeal Court Confirms That Innocent Party Must Clean Up Pollution In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of the…more Canada, Contaminated Properties, Environmental Protection Act	See All Updates »
Kevin Morley	Indalex – Priorities and Pension Deficiencies On Friday, February 1, 2013, the Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re). The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial…more BIA Priority Regime, CCAA, Constructive Trusts, Debtors-in-Possession, Indalex	See All Updates »
Christopher Murray	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
Christopher Naudie	Supreme Court Tightens Conspiracy Liability Rules: Implications for Antitrust Criminal Cases On March 1, 2013, the Supreme Court of Canada released an important ruling on the scope of criminal conspiracy in Canada and significantly restricted the “party liability” rules for conspiracy offences. This decision could have…more Conspiracies, Murder, Party Liability Rule	See All Updates »
Gord Nettleton	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
Kevin O’Brien	Class Members in Ontario Securities Action Can Be Bound by Settlement of Parallel U.S. Class Proceeding An Ontario court has just released a welcome decision for issuers who may find themselves defending parallel securities class actions in multiple jurisdictions. In the decision, the judge held that members of a class certified…more Canada, Class Action, Foreign Judgments, Jurisdiction, Settlement	See All Updates »
Terri-Lee Oleniuk	Aboriginal Consultation Levy Act Introduced into the Alberta Legislature On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding necessary…more Aboriginal Consultation Office, Canada, Consultation, Indigenous Peoples	See All Updates »
Matthew Oliver	OSC’s Crowdfunding Proposal Receives Favourable Comments On March 8, 2013, the Ontario Securities Commission (OSC) closed the comment period on its Staff Consultation Paper 45-710: Considerations for New Capital Raising Prospectus Exemptions (the Consultation Paper), which sought…more Canada, Consultation, Crowdfunding, Disclosure Requirements, Exemptions	See All Updates »
François Paradis	Plan Nord – Québec’s New Mining Royalty Regime On May 6, 2013, the Québec government revealed its long-awaited mining royalty and tax regime in an official document titled “A New Mining Tax Regime: Fair for All,”…more Canada, Mining, Royalties	See All Updates »
Mary Paterson	Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have “an unassailable right to speak out in opposition to the…more Canada, Class Action, Class Certification, Opt-Outs	See All Updates »
Éric Préfontaine	No More Room at the Counsel Table: Québec Appeal Court Rejects Intervenor Status for Canadian Franchise Association in the Dunkin’ Donuts Case In a decision released on May 10, 2013, Justice Gascon of the Québec Court of Appeal dismissed the Canadian Franchise Association’s (CFA’s) motion for leave to intervene in ongoing proceedings between Dunkin’ Brands Canada Ltd…more	See All Updates »
Emmanuel Pressman	New Rights Plan and Defensive Tactics Proposals Shift Canadian M&A Landscape A newly-proposed Canadian Securities Administrators (CSA) rule on shareholder rights plans and an alternative proposal on defensive tactics from the Autorité des marchés financiers (AMF) of Quebec would, if adopted, each result…more Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Hostile Takeover	See All Updates »
Wela Quan	New Disclosure Requirements under the Iran Threat Reduction and Syria Human Rights Act of 2012 In August 2012, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012 (the IRT Act). The IRT Act significantly expands U.S. sanctions against Iran by, among other things, (i) adding new…more Sanctions, SEC, The IRT Act	See All Updates »
Julien Ranger	Expert Committee Pressing for Pension Reform in Quebec Back in the fall of 2011, an expert committee chaired by Alban D’Amours was mandated by the Quebec government to analyze the state of the Quebec retirement income system and to make recommendations on how to improve it in light…more Canada, Pensions, Retirement, Retirement Plan	See All Updates »
Lindsay Rauccio	Appeal Court Confirms That Innocent Party Must Clean Up Pollution In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of the…more Canada, Contaminated Properties, Environmental Protection Act	See All Updates »
Aislinn Reid	Franchising in Ontario - April 2013 Zwaniga v. Johnvince Foods: A Warning Against Improperly Naming Defendants as “Franchisor’s Associates” - In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a proposed…more Canada, Class Action, Defamation, Distributors, Franchise Agreements	See All Updates »
Graham Reynolds	Competition Bureau Imposes Record-Setting Bid-Rigging Fines, but Jurisdictional Questions Remain In cases heard barely two weeks apart, Canada’s Competition Bureau obtained record-setting fines against two Japanese auto parts suppliers that pleaded guilty to bid-rigging charges. Although these significant penalties…more Bid Rigging, Canada, Competition, Fines, Jurisdiction	See All Updates »
Douglas Rienzo	New Requirements re Insurance for LTD Plans of Federally-Regulated Employers Coming Into Force in 2014 In 2012, the federal government passed Bill C-38, the Jobs, Growth and Long-term Prosperity Act, which among other things amends the Canada Labour Code (the Code) to implement insurance requirements for long-term disability…more Canada, Disability, Insurers, Jobs Growth and Long-term Prosperity Act	See All Updates »
Shuli Rodal	Proposed Amendments to Investment Canada Act Capture Control-in-Fact Investments by State-Owned Enterprises On April 29, 2013, the Federal Government introduced its 2013 budget implementation bill, Bill C-60,1 which would also implement announcements made by the Federal Government on December 7, 2012 concerning investments by…more Canada, Foreign Investment, National Security, Proposed Amendments, State-Owned Enterprises	See All Updates »
Donald Ross	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
Karin Sachar	Conflicting Results from Ontario Appellate Courts in Motions to Strike Claims in Proposed Class Actions Ontario’s appellate courts have released two decisions in the past week addressing the issue of when claims ought to be struck in the context of proposed class proceedings for failing to disclose a cause of action. First, a…more AstraZeneca, Class Action, Class Certification, Motion To Strike, Sun Life Assurance Company of Canada	See All Updates »
Matthew Sadofsky	New Disclosure Requirements under the Iran Threat Reduction and Syria Human Rights Act of 2012 In August 2012, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012 (the IRT Act). The IRT Act significantly expands U.S. sanctions against Iran by, among other things, (i) adding new…more Sanctions, SEC, The IRT Act	See All Updates »
Gillian Scott	No More Room at the Counsel Table: Québec Appeal Court Rejects Intervenor Status for Canadian Franchise Association in the Dunkin’ Donuts Case In a decision released on May 10, 2013, Justice Gascon of the Québec Court of Appeal dismissed the Canadian Franchise Association’s (CFA’s) motion for leave to intervene in ongoing proceedings between Dunkin’ Brands Canada Ltd…more	See All Updates »
Edward Sellers	Indalex – Priorities and Pension Deficiencies On Friday, February 1, 2013, the Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re). The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial…more BIA Priority Regime, CCAA, Constructive Trusts, Debtors-in-Possession, Indalex	See All Updates »
Ward Sellers	OSC’s Crowdfunding Proposal Receives Favourable Comments On March 8, 2013, the Ontario Securities Commission (OSC) closed the comment period on its Staff Consultation Paper 45-710: Considerations for New Capital Raising Prospectus Exemptions (the Consultation Paper), which sought…more Canada, Consultation, Crowdfunding, Disclosure Requirements, Exemptions	See All Updates »
David Stamp	Non-Compete / Non-Solicit Covenants: Ontario Court of Appeal Provides Guidance on Requirements for Enforceability The Ontario Court of Appeal’s February 5, 2013 decision in Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72 analyzes the non-competition and non-solicitation covenants applying to a former company President (Martin)…more Employment Contract, Non-Compete Agreements, Non-Solicitation Agreements, Restraint of Trade, Restrictive Covenants	See All Updates »
Lauren Tomasich	The Supreme Court Weighs in on the Balance of Private Interests Versus the Public Good in Nuisance On March 7, 2013, the Supreme Court of Canada released its decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13. In Antrim, the Ontario government built a new highway which effectively put a truck stop…more Injurious Affection, Nuisance, Public Projects	See All Updates »
Mark Trachuk	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
Frank Turner	2012 Capital Markets Review 2012 Capital Markets Review - Our Capital Markets Review is well established as one of Osler’s most popular publications. It contains our analysis of events that have affected the Canadian capital markets during the past…more Corporate Governance, IPO, Mining, Natural Gas, Oil & Gas	See All Updates »
George Valentini	Ontario Court Recognizes “Light” as a Contaminant Under the Environmental Protection Act In February 2013, Justice Green of the Ontario Court of Justice held that sunlight reflected from a building can be considered a contaminant under the Ontario Environmental Protection Act (EPA). Justice Green’s ruling, while…more Canada, Contamination, Endangered Species, Environmental Protection Act, Light Pollution	See All Updates »
Lesha Van Der Bij	Ontario Budget 2013 – More Pension Reform to Come In today’s budget, the Ontario government announced that it is continuing with its pension reform agenda, but it is not all “old news”. Perhaps of most interest to employers and plan administrators will be the government’s…more Canada, Pensions, Pooled Registration Pension Plans	See All Updates »
Michael Watts	Safety Inspection Blitzes for the Health Care Sector The Ministry of Labour (MOL) has announced that inspectors will be conducting safety inspection blitzes on workplace violence in February/March of this year, focusing on health care sector workplaces, which include hospitals,…more Domestic Violence, Harassment, Healthcare, OHSA, Risk Assessment	See All Updates »
Allan Wells	Safety Inspection Blitzes for Industrial and Construction Sectors The Ontario Ministry of Labour (MOL) has announced that inspectors will be conducting safety inspection blitzes on “Slips, Trips and Falls (ladder safety and fall protection hazards)” in February/March of this year, focusing on…more Ministry of Labour, OHSA, Safety Inspections, Safety Precautions, Workplace Hazards	See All Updates »
Patrick Welsh	Appeal Court Confirms That Innocent Party Must Clean Up Pollution In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of the…more Canada, Contaminated Properties, Environmental Protection Act	See All Updates »
Donna White	Proposed Anti-Counterfeiting Bill Includes Wide Sweeping Changes to the Trade-marks Act On March 1, 2013, the Canadian Government introduced Bill C-56, Combating Counterfeit Products Act. This Bill, which is being promoted by the Government as a means of reducing the presence of, and trade in, counterfeit goods in…more Counterfeiting, Proposed Legislation, Trademark Act, Trademarks	See All Updates »
Simon Wormwell	Code of Conduct for Credit and Debit Card Industry – Guidance Issued by FCAC Commissioner On February 13, 2013, the Financial Consumer Agency of Canada (FCAC) issued Commissioner’s Guidance (the Guidance) to clarify three issues related to the Code of Conduct for the Credit and Debit Card Industry in Canada (the…more Code of Conduct, Credit Cards, Debit and Credit Card Transactions, Debit Cards, FCAC	See All Updates »
Robert Yalden	New Rights Plan and Defensive Tactics Proposals Shift Canadian M&A Landscape A newly-proposed Canadian Securities Administrators (CSA) rule on shareholder rights plans and an alternative proposal on defensive tactics from the Autorité des marchés financiers (AMF) of Quebec would, if adopted, each result…more Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Hostile Takeover	See All Updates »
Frank Zaid	Best Practices - April 2013 Keeping Up with Franchise Law in Canada - Osler’s Franchise Group is featured in an “Editorial Gem” in an exciting new book, Great Canadian Franchise Stories, written by Dawn Mucci and Felicia Pizzonia. The title of our…more Canada, Franchise Agreements, Franchise Disclosure Document, Franchises	See All Updates »
Kashif Zaman	Bill C-60 Includes Amendments to Residency Requirements for Financial Institution Board Committees On April 8th 2013, we described proposals for the regulation of Canadian financial institutions set out in the 2013 federal budget. The first bill to implement the budget has been introduced in Parliament. Bill C-60, titled the…more Amended Legislation, Canada, Residency Requirements, Residency Status	See All Updates »

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