News & Analysis as of

De Minimis Rule is Back in the Context of Class Actions

De minimis non curat praetor — this ancient legal maxim suggests that judges should not have to hear trivial cases. The maxim seems to have lost most of its significance in the context of class actions. In several instances,...more

New Strategy to Limit Neonicotinoids and Other “High Risk” Pesticides in Québec

Québec’s press release states that the Strategy “sets out the major directions and goals that will guide government action to protect public health, pollinators, and the environment in the coming years.” One of the ways the...more

Just Like Any Good Recipe, Alberta’s Climate Leadership Plan Has a Little Bit of Everything

On Sunday, November 22, 2015, just days before the United Nations conference on climate change in Paris, Alberta released its Climate Leadership Plan (Plan) together with the Climate Leadership Report (Report) upon which it...more

TSX Implements Rule Changes to Benefit Interlisted Issuers

The Toronto Stock Exchange (TSX) has implemented amendments (Amendments) to its Company Manual to modify and expand the exemptions available to TSX issuers listed on one or more other exchanges (interlisted issuers) where the...more

Alberta Securities Commission and Nunavut Securities Office Publish Proposed Start-up Business Exemption

The Alberta Securities Commission (ASC) and Nunavut Securities Office recently published for comment proposed Multilateral Instrument 45-109 Prospectus Exemption for Start-Up Businesses (the Proposed Exemption). The Proposed...more

Lobbying: Important amendments to the Lobbyists’ Code of Conduct

On December 1, 2015, a number of amendments to the Lobbyists’ Code of Conduct (the Code) will come into force. The amendments have the potential to alter the ability of certain persons in the private sector to communicate...more

New crowdfunding regime adopted by five provinces

On November 5, 2015, securities regulators in five provinces published in final form Multilateral Instrument 45-108 Crowdfunding (MI 45-108) setting out rules that will provide a new way for businesses to raise capital over...more

Upcoming Changes in Québec Public Procurements

On November 11, 2015, the Québec Government announced a Draft Regulation to amend the implementing regulations of the Act Respecting Contracting by Public Bodies with respect to supply contracts, service contracts and...more

U.S. International Trade Commission Makes Final Injury Determination On Supercalendered Paper From Canada

On November 18, 2015, the U.S. International Trade Commission (ITC) voted affirmative in connection with its final injury investigation on supercalendered paper from Canada. The ITC commissioners unanimously determined (with...more

Ontario Government Consulting on Proposed Design of the New Cap-and-Trade Program

The Ontario Ministry of the Environment and Climate Change (MOECC) has released details of its proposed cap-and-trade program designed to address climate change through the reduction of greenhouse gas (GHG) emissions. On...more

Alberta Announces Climate Leadership Plan

Yesterday, the Alberta government announced its Climate Leadership Plan (Plan) and released to the public the Climate Leadership Report to Minister (Report) it commissioned from the Climate Change Advisory Panel. While...more

Supreme Court of Canada to Hear Tax Rectification Case

On November 19, 2015, the Supreme Court of Canada granted leave to appeal in Canada (A.G.) v. Groupe Jean Coutu (PJC) inc., 2015 QCCA 838, which addresses the question of when rectification will be granted in the tax context....more

HRTO settlement did not bar employment standards and OHSA complaints relating to time period after settlement

The Ontario Labour Relations Board has held that Minutes of Settlement signed in the settlement of an application at the Human Rights Tribunal of Ontario, barred the employee from advancing employment standards and health and...more

Update on Third Country Equivalence Under EMIR

The European Commission has adopted “equivalence” decisions on the derivatives regulatory regimes for central counterparties in Canada, Mexico, Republic of Korea, South Africa and Switzerland. This follows the decisions...more

Hands-Off Digital Currencies! Canada’s Senate Calls for a Light Regulatory Approach

Formerly considered a gimmick for geeks and gamers, digital currencies, such as Bitcoin, have since grown into a worldwide phenomenon that now garner significant public attention. Among the interested parties are both...more

Offering memorandum exemption introduced in Ontario and modified in five other provinces

On October 29, 2015, securities regulators in six provinces announced their intention to adopt or modify a prospectus exemption available to issuers that prepare and deliver an offering memorandum (OM) to investors. Ontario...more

Energy & Environment Update - November 2015 #3

Energy and Climate Debate - With the November 20 deadline looming, Congress will focus much of this week on the surface transportation bill as House and Senate conferees try to quickly negotiate differences on H.R. 22...more

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis...more

Canada Implements Pre-Flight Electronic Travel Authorization, Counterpart to United States ESTA Program

The eTA system has been implemented in an effort to mirror the Electronic System for Travel Authorization (“ESTA”) that has been in place in the United States for several years. ESTA is an automated system that determines the...more

The Crown Wraps Up Chocolate Case

Earlier today, the Crown stayed charges against Nestlé Canada Inc. and one of the company’s former executives, in the long-standing prosecution of Canadian chocolate manufacturers under section 45 of the Competition Act. This...more

Cross-Border Charitable Activities

The Canada-US treaty provides significant relief for cross-border charitable activities. The treaty, and the competent authority agreement that implements it, says that a religious, scientific, educational, or charitable...more

Alberta Decision May Make Builders’ Lien Filing Deadline Less Certain, More Litigated

In Boulevard Real Estate Equities Ltd. v. 1851514 Alberta Ltd. (Boulevard Real Estate Equities), a master of the Alberta Court of Queen’s Bench held that if an owner makes a representation to a contractor that causes the...more

Federal Reserve and New York DFS Take Action Against Canadian Bank for Deficiencies Relating to AML Compliance

On November 10, the Federal Reserve and the New York DFS announced an enforcement action against a Canadian bank for alleged deficiencies relating to its BSA/AML compliance program. In order to resolve the allegations, the...more

Changing income tax rates in Alberta – planning considerations

In a recent article, we described the changes to income tax rates that the provincial government has enacted and the increase to income tax rates that the incoming federal government has pledged to enact. Due to the magnitude...more

The Gap, the Trap and the Binding Spring - The Bri-Chem trilogy, the rule of law and self-corrections of revenue-neutral tariff...

In three decisions released concurrently by the Canadian International Trade Tribunal (CITT) on September 18, 2015 (collectively referred to as the Bri-Chem trilogy), the CITT instructed the Canada Border Services Agency...more

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