Osler, Hoskin & Harcourt LLP

100 King Street West, 1 First Canadian Place Suite 6100, P.O. Box 50
Toronto, ON M5X 1B8, Canada

  • 416.362.2111
  • 416.862.6666

Distinguishing License Agreements from Franchise Arrangements

MGDC Management Group v. Marilyn Monroe Estate, 2014 ONSC 4584 provides some guidance on the distinction between franchise agreements and license agreements. However, the ruling falls short of providing a clear framework for…more
| Commercial Law & Contracts, Franchise Law, Intellectual Property

IRS Simplifies Rules for Participants in Canadian Plans – Or Does it?

Under the US-Canada Income Tax Treaty, U.S. taxpayers who participate in Canadian registered retirement savings plans (RRSPs) and registered retirement income funds (RRIFs) (the Canadian Plans) are not required to pay tax on the…more
| Labor & Employment Law, Finance & Banking, International Law & Trade, Securities Law, Taxation

Release of Draft British Columbia LNG Income Tax Legislation

In the 2014 provincial budget, the British Columbia government announced its intention to introduce income tax legislation later in the year applicable to the LNG industry (the LNG Income Tax). The B.C. government stated that…more
| Commercial Law & Contracts, Energy & Utilities, Taxation

How to Maximize Value out of Your DC Plan – Consider These (Non-Decumulation) Strategies (Part IV)

In Part II and III of this series, we focused on how decumulation strategies can increase DC plan value. In this Part IV, our final instalment in this series, we will focus on other methods through which DC plan value can be…more
| Labor & Employment Law, Finance & Banking

British Columbia Proposes Greenhouse Gas Industrial Reporting and Control Act

On October 20, 2014, British Columbia (B.C.) Environment Minister Mary Polak tabled the province’s first bill targeting industrial greenhouse gas (GHG) emissions, in keeping with B.C.’s political commitment to develop the…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law

DeliMark Decision Confirms Statement of Material Change Can be Used to Disclose Site-Specific Information

In 2337310 Ontario Inc. v. 2264145 Ontario Inc. (DeliMark), the Ontario Superior Court of Justice concluded that the head lease for the franchisee’s particular premises ought to have been disclosed prior to the franchise…more
| Commercial Law & Contracts, Franchise Law, Real Estate - Commercial

A Cautionary Tale on Arbitration Clauses

In July 2014, the Ontario Superior Court of Justice released its decision in 2296432 Ontario Ltd v. FOF Franchise Corp. The case involved an action by plaintiff franchisees for rescission of a franchise agreement and related…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Business Torts, Franchise Law

Court Dismisses Request That NEB Review Upstream and Downstream Effects of Pipeline

On May 16, 2014, the National Energy Board received a motion from the City of Vancouver, among others, requesting that the List of Issues for the Trans Mountain Expansion Project hearing be expanded to include environmental and…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

ISO/IEC 27018 – New Code of Practice Promotes Privacy Protection in the Cloud

The Privacy Commissioner of Canada has made it clear that, while privacy is not a barrier to businesses using cloud computing, it must be taken into consideration. Related guidance has been issued in which businesses are…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

New E-Labelling Rules for Technology Devices

Effective October 3, 2014, Industry Canada revised labelling requirements for devices required to be certified or registered which have an integral (non-removable) display screen. This would include devices such as smartphones,…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Canada’s Anti-Spam Legislation is in Effect – Now What?

Canada’s onerous anti-spam legislation (CASL) came into force on July 1, 2014, but there has not been any news on enforcement activity by the regulators. However, that is not due to a lack of opportunity – by the end of…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy

CSA Releases Final Amendments to NI 31-103 – Changes will Impact Exempt Market Dealers and Other Market Participants

On Thursday, October 16, 2014, the Canadian Securities Administrators (CSA) published amendments to National Instrument 31-103 – Registration Requirements, Exemptions and Ongoing Registrant Obligations (NI 31-103) and related…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Competition Bureau Emphasizes Proactive Approach to Fostering a Culture of Compliance and Managing Competition Law Risk

Violations of Canada’s Competition Act expose businesses and their directors, officers and employees to significant fines, possible imprisonment and private actions (on an individual or class basis) for substantial monetary…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Labor & Employment Law, Mergers & Acquisitions

Class Actions and Consumer Product Settlements: The Proof is in (Receipt For) the Pudding

Consumers don’t keep their receipts. This poses a unique challenge in consumer product class actions, especially when parties seek the Court’s approval of a settlement that requires a receipt as proof of purchase. And if the…more
| Civil Procedure, Consumer Protection, International Law & Trade, Products Liability

George v. Anishinabek (Police Service): Ontario Court of Appeal Allows New, Dispositive Jurisdiction Argument to Be Raised on Appeal

In his August 15, 2014 decision in George v. Anishinabek (Police Service), Justice Doherty, on behalf of a unanimous Ontario Court of Appeal, allowed an appellant to raise a dispositive jurisdictional argument on appeal, even…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law
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Areas of Practice
  • Antitrust & Trade Regulation
  • Business Organizations
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • International Law & Trade
  • Labor & Employment Law
  • Securities Law
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
Locations
Other U.S. Locations
  • New York
Other Countries
  • Canada
Number of Attorneys

400+ Attorneys

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