News & Analysis as of

Federal Pay Equity Legislation Promised

Legislation coming to the Federally Regulated Employment Sector (and possibly provincially-regulated employers enrolled in the Federal Contractors Program) - The Canadian pay equity model requires employers to assess the...more

Proposed Supervision Framework and Publishing Principles for FCAC Decisions Released for Consultation

The Financial Consumer Agency of Canada (FCAC) recently published the following two documents for comment: Proposed Supervision Framework and Publishing Principles for FCAC Decisions (Consultation). The consultation period...more

Cybersecurity Data Breaches and Mandatory Privacy Breach Reporting: Lessons from Alberta

In an increasingly interconnected and digitized world, data breaches have become ever more common. The wealth of personal information that corporations have in their possession means that such breaches can occur in even the...more

Pan-Canadian carbon pricing approach

All Canadian jurisdictions will have put a price on carbon pollution by 2018, according to a speech earlier this month by Canadian Prime Minister Justin Trudeau. The federal government's "pan-Canadian approach" sets a...more

Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection

In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in...more

New Test: Ontario Court Stayed Action in the Face of Broad Arbitration Agreement

In Haas v. Gunasekaram (Haas), the Court of Appeal for Ontario clarified the test for staying court proceedings under section 7(1) of the Ontario Arbitration Act and emphasized that courts should enforce arbitration...more

Proposed amendments to the Canada Business Corporations Act

On September 28, 2016, the federal Minister of Innovation, Science and Economic Development introduced Bill C-25, which includes proposed amendments (the Proposed Amendments) to the Canada Business Corporations Act (the...more

How to Comply With Canada’s Cornucopia of Sick Leave Laws

Sick leave presents a unique challenge for Canadian employers that wish to manage absenteeism while complying with their legal obligations. The relevant rules vary between provinces and may involve multiple statutes within a...more

Trade-Marks in Canada: Proper Use and Maintenance

Proper usage is essential to protecting and maintaining valuable rights in trade-marks. The general rule is ‘use it or lose it’: unless a trade-mark is actually used continuously in connection with products or services,...more

Quebec Court Rules for Safety over Religion

In a recent Quebec case, Sikh plaintiffs sought to be exempt from the requirement to wear a helmet when, in the exercise of their truck driver trade, they left their truck in terminals operated by the defendants in the Port...more

Finding that Social Media Account Part of Workplace Leads to Employer Liability for Harassment

A recent Ontario Labour Arbitration award found that the employer’s failure to protect its employees from harassment with regard to online posts on its Twitter account violated its responsibility to provide a workplace free...more

The Supreme Court of Canada’s Fall Term: the Internet Court?

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

Online Defamation & Libel: The Trump Effect

It’s not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term “titanic” I certainly don’t mean to suggest that anything disastrous is in the...more

Reports On Canadian Biofuels GHG Emissions Argue For And Against Biofuel Mandates Over Carbon Pricing

On October 4, 2016, Canada’s Ecofiscal Commission (EFC) published a report, Course Correction: It’s Time to Rethink Canadian Biofuel Policies, arguing for the termination of biofuel subsidies. The report claims that...more

Canadian Skies Abuzz – The Regulation of Drones and UAVs in Canadian Airspace

Unmanned aerial vehicles (UAVs), more popularly known as drones, are power-driven aircraft that are designed to fly without a human operator onboard....more

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

Trade-Marks in Canada: Processing of Applications

The Office of the Registrar of the Canadian Intellectual Property Office (“CIPO”) processes applications for trade-mark registration based on the steps below. All the time-frames are approximate. 1. Formalities...more

Alberta’s Workers’ Compensation Appeals Commission frees purchaser of the poor WCB record of the company it acquired

In this case, a public company (Newco) had purchased the assets and undertaking of a business (Oldco) as part of a larger national transaction.  Newco then carried on the business under a new name and a new corporate...more

BC Finalizes Franchise Laws

British Columbia has released the anticipated regulations to the previously enacted Franchises Act (BC). The Franchises Act (BC) will come into force on February 1, 2017, at which time British Columbia will be the sixth...more

Amendments to Ontario’s Calorie Disclosure Requirements

Ontario’s Ministry of Health and Long Term Care recently announced amendments to the regulations (Regulations) under the Healthy Menu Choices Act, 2015 (Act), which, among other things, add new categories of items exempt from...more

Changes to the principal residence exemption

On October 3, 2016, the Minister of Finance of Canada announced changes to the federal Income Tax Act that will affect the availability of the principal residence exemption to non-residents and those who hold their principal...more

Cybersecurity Q&A: What Canadian Companies Need to Know about the EU’s New Data Protection Law

It is trite to point out that information crosses national borders today at an unprecedented rate and with very few barriers. A consequence of this unconstrained international flow of information is that domestic data...more

Trade-Marks in Canada: Selecting a Strong Mark

Given the potential value of trade-marks in almost every business and the costs of building brand awareness in the marketplace, the selection of an enforceable trade-mark is crucial. Clients ought to consider the matters set...more

Canada’s Competition Commissioner Provides Guidance on Innovation, Efficiencies and Competitor Collaborations

The Commissioner of Competition (Commissioner) addressed innovation, enforcement and policy initiatives at the Competition Bureau (Bureau) in his keynote speech, “Strengthening Competition: Innovation, Collaboration and...more

OLRB dismisses union’s “fishing expedition” in safety case: documents requested from MOL and employer were not arguably relevant

The Ministry of Labour and the employer were not required to hand over certain documents requested by the union in a safety dispute, the Ontario Labour Relations Board has decided. The issue in dispute was whether the...more

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