Canada

News & Analysis as of

Acting the Part: Ontario Court of Appeal Clarifies Use of Future Conduct in Contractual Interpretation

On December 2, 2016, the Ontario Court of Appeal (Court) provided new guidance on the principles of contractual interpretation in the wake of the Supreme Court of Canada’s 2014 decision in Sattva Capital Corp. v. Creston Moly...more

Away Game: Canadian Supreme Court Allows Superior Court Judges to Determine Settlement Motions Outside of their Home Provinces

Recently, the Supreme Court of Canada had the opportunity to decide a specific issue with potentially large ramifications. In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior...more

Oppression in the Context of a Closely-Held Corporation: SCC Weighs In

In Mennillo v. Intramodal inc., the first oppression remedy case to reach the Supreme Court of Canada (SCC) since BCE Inc. v. 1976 Debentureholders, the SCC provided clarity on how the oppression remedy operates within...more

Arbitrator finds employer violated OHSA workplace-violence obligations

A labour arbitrator has found that a mental health organization violated the Occupational Health and Safety Act when it failed to take certain workplace-violence precautions. The organization provided services to...more

New real property record-keeping obligations for Ontario corporations

On December 10, 2016, Bill 144, the Budget Measures Act, 2015 (Ontario) will come into force and the Forfeited Corporate Property Act, 2015 (FCPA) will be enacted. The enactment of the FCPA will have the effect of amending...more

RCMP Charge Calgary Man with Conspiracy to Bribe Thai Officials

The Royal Canadian Mounted Police (RCMP) have recently laid charges against the president of a Canadian commercial aircraft company under the federal Corruption of Foreign Public Officials Act (CFPOA), for allegedly...more

Health Canada releases revised guidance on the submission requirements for biosimilar biologic drugs

On December 2, 2016, Health Canada released the revised Guidance Document Information and Submission Requirements for Biosimilar Biologic Drugs. The Guidance is intended to assist biosimilar companies to navigate the...more

SCC Rectification Decisions to be Released on Friday December 9

The Supreme Court of Canada’s decision in two rectification cases, AG (Canada) v. Fairmont Hotels Inc. (Docket #36606) and Jean Coutu Group (PJC) Inc. v. AG (Canada) (Docket #36505), will be released on Friday December 9,...more

Corporate dissolution will not protect former directors and officers from environmental liabilities

On December 10, 2016, Ontario’s Forfeited Corporate Property Act, 2015 (the FCPA), comes into force,1 along with related amendments to the Ontario Business Corporations Act (the OBCA).2 Directors and officers may be aware of...more

Update on Electricity Rate Relief Program for Ontario Businesses

The expansion of Ontario’s Industrial Conservation Initiative (ICI) to provide electricity rate relief to more businesses comes into effect on January 1, 2017. Businesses who want to participate in the expanded ICI program...more

Ontario Court Decision Highlights Summary Judgment as Potential Tool in Class Proceedings

In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant’s motion for summary judgment in advance of certification,...more

NAFTA and the New Trump Administration: Your Top Ten Questions Answered

With the recent U.S. election finally reaching its close, the unexpected election of Mr. Trump has left many multinational companies wondering how the change in administration will impact their business operations. One of the...more

Santa Goes to the Trademark Office

This is Fashion Santa. Or at least it was until recently. Fashion Santa is a role that originated with model, Paul Mason and Toronto’s Yorkdale Mall in 2014. He promoted the mall and a successful charitable giving...more

Ban Proposed on the Expiry of Rewards Points in Ontario

On October 20, 2016, an Ontario member of provincial parliament introduced Bill 47, Protecting Rewards Points Act (Consumer Protection Amendment), 2016 (Bill). The Bill’s purpose is primarily to prohibit the expiry of rewards...more

Significant Developments in Canadian Energy – For the Month of November 2016

November 29, 2016 – Raging River Exploration Inc. closed a Viking consolidation transaction. The company acquired approximately 620 boe per day — 97 per cent light oil — of production and 24 net sections of land prospective...more

Employee who forged 16 sick notes, then tried to blame her manager, was fired for cause

A Canada Revenue Agency employee who forged signatures on 16 sick notes was fired for cause, a federal adjudicator has decided. The employee had a problem with absenteeism and started missing work without calling in. The...more

Top 10 Issues for Employers, Issue #6: Balancing BYOD Programs with Expectations of Privacy at Work

This is the sixth instalment in our Top 10 Issues for Employers series. OVERVIEW - The workplace practice of bring your own device (BYOD) has hit the mainstream as more and more employees use their own mobile...more

Establishing the Due Diligence Defence Under CASL

Despite being in force for over two years, many of the key provisions of Canada's Anti-Spam Legislation (“CASL” or the “Act”) remain shrouded in uncertainty. One such provision, for example, is the Act’s due diligence...more

GHS (WHMIS 2015) online courses now available

The Canadian Centre for Occupational Health and Safety has released two online courses on WHMIS 2015, which implements the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)....more

Plan of Arrangement: A Vote for All? Not So, Says Court of Appeal

In Smoothwater Capital Corporation v. Marquee Energy Ltd. (Smoothwater), the Alberta Court of Appeal (Court) overturned the Alberta Court of Queen’s Bench controversial decision granting shareholders of an acquiring company a...more

Your Daily Dose of Financial News

Bad news for RBS, which is tasked with scrounging up more capital after failing its Bank of England stress test—a bad sign for a British financial system still coping with Brexit fallout....more

U.S. Lumber Producers Target Softwood Lumber Imports from Canada; Bilateral Negotiations Reinvigorated

Following a recent breakdown of bilateral negotiations, a group of U.S. companies calling itself COALITION (Committee Overseeing Action for Lumber International Trade or Negotiations) filed antidumping (AD) and countervailing...more

Auditor General Provides Recommendations for Improving CRA Review of Objections

Under the federal Income Tax Act, the Canada Revenue Agency must consider a taxpayer’s objection and must vacate, confirm or vary the underlying tax assessment. This review must be completed “with all due dispatch”....more

SCC Upholds Solicitor-Client, Litigation Privilege in Recent Rulings

In two decisions released on November 25, 2016, the Supreme Court of Canada (SCC) affirmed the fundamental importance of litigation privilege and solicitor-client privilege. In Lizotte v. Aviva Insurance Company of Canada...more

Ontario regulatory form regarding pension plan contributions: comply!

Trustees and administrators of Ontario registered pension plans: beware of Form 7. That’s the form that administrators of registered pension plans must complete, and send to their pension fund trustees, that summarizes...more

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