Canada

Tax Court Of Canada Issues A Comprehensive Ruling On Privilege Issues And The Appropriate Exercise Of Remedies To Address...

by Douglas Stewart | Dentons on 5/22/2013

In a recent Tax Court of Canada ruling on a motion heard in Imperial Tobacco Canada Limited v. The Queen, 2013 TCC 144 the Court considered a motion for an Order directing the Appellant to attend and be cross-examined on its...more

Update: Letters Rogatory

by Jason Squire | Lerners LLP on 5/22/2013

As I recently posted, the Ontario court will give procedural assistance to foreign courts, allowing foreign litigants to examine witnesses and collect evidence in Ontario by enforcing "letters of request" from foreign courts....more

Union Barred From Appealing Safety Issue Not Yet Decided By MOL Inspector: OLRB

by Dentons on 5/21/2013

Does a broken foot constitute a “critical injury” under the Occupational Health and Safety Act? Because the Ministry of Labour inspector had not yet considered that issue, a union was prohibited from raising the issue on...more

Drunkenness and the Liquor Licence Act - What a Licensee Should Know

by John Brennan | Lerners LLP on 5/20/2013

The Ontario Liquor Licence Act and Regulations govern all aspects of liquor licencing in the Province of Ontario. In addition to establishing the process by which a business may acquire a liquor licence, the legislation also...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

by Elizabeth Coyle, Thoma Gelbman, Maureen Killoran | Osler, Hoskin & Harcourt LLP on 5/17/2013

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

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

by Laura Gill, E. Bruce Mellett | Bennett Jones LLP on 5/17/2013

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

Re: Sino-Forest Corporation – When is an Indemnity Claim Really Just an Equity Claim?

by Domenico Magisano, Jason Squire | Lerners LLP on 5/16/2013

When public companies are accused of accounting irregularities, class action shareholder litigation often follows. The case of Sino-Forest Corporation (“SFC”) is such an example. Weighed down by allegations of accounting...more

Victorian Government Reforms PPP Policy to Support Infrastructure Growth

by Catie Burdett, Kimberley Wilson | K&L Gates LLP on 5/16/2013

The Victorian State Government announced on 2 May 2013, significant reforms to its Public Private Partnership (PPP) policy to support infrastructure growth in Victoria (Policy). The Policy is aimed at encouraging private...more

Employers Should Prohibit Texting While Driving: U.S. OSHA

by Adrian Miedema | Dentons on 5/16/2013

Distracted driving, and in particular texting while driving, are important occupational safety issues, and employers need to act, the U.S. Occupational Safety and Health Administration says in a new brochure called...more

Bennett Jones Spring 2013 Economic Outlook

by Richard Dion, David A. Dodge O.C., John M. Weekes | Bennett Jones LLP on 5/16/2013

This Economic Outlook has a somewhat different structure from previous issues. The first section covers recent dynamics and short-term outlook for the world economy; the second section reviews recent international trade...more

Legislative Update Report No. 2013-09 -- May 10, 2013

by Osler, Hoskin & Harcourt LLP on 5/15/2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

OSC’s Crowdfunding Proposal Receives Favourable Comments

by Justin Dharamdial, Hugo-Pierre Gagnon, Shahir Guindi, Matthew Oliver, Ward Sellers | Osler, Hoskin & Harcourt LLP on 5/15/2013

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

Receipt Of Pornographic Material Was Not Just Cause For Dismissal: Appeal Court

by Catherine P. Coulter | Dentons on 5/14/2013

In the 2001 case of McKinley v. B.C. Tel, the Supreme Court of Canada ruled that a contextual approach is required in order to determine whether there is just cause for termination of employment. A recent wrongful dismissal...more

Self Described “Happy Drunk” With Sleep Apnea Was Not Disabled: Adjudicator

by Adrian Miedema | Dentons on 5/14/2013

“Not every ailment amounts to a disability”, an adjudicator has held, in dismissing an employee’s grievance. Employers who often wonder what types of ailments or conditions amount to “disabilities” will find this decision...more

Unsuccessful Law Suit By Condo Owner

by Barbara Holmes | Heenan Blaikie LLP on 5/14/2013

In the case of Harvey v. Elgin Condominium Corporation No. 3 an unhappy condo owner sued the condominium corporation, claiming that the corporation undertook work that constituted a substantial change without proper...more

Nortel Executives are Acquitted of Fraud: A Comment on the Recent Decision in R. v. Dunn

by Joshua S. Koziebrocki, Jason Squire | Lerners LLP on 5/14/2013

On January 14, 2013, three former Nortel executives were acquitted on two counts of fraud. The Crown alleged that the accused, Nortel’s former directing minds, had manipulated Nortel’s financial statements during a time that...more

New Requirements re Insurance for LTD Plans of Federally-Regulated Employers Coming Into Force in 2014

by Douglas Rienzo | Osler, Hoskin & Harcourt LLP on 5/14/2013

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

New Bill Heightens Potential For More Investment Canada Reviews Of SOE Acquisitions

by Sandy Walker | Dentons on 5/13/2013

Last week the Canadian Government introduced amendments to the Investment Canada Act (ICA) to implement its revised policy towards state-owned enterprises (SOEs) which it announced in December last year....more

Canada To Strengthen Its Laws Against Bribery Of Foreign Public Officials

by Alan Monk | Dentons on 5/13/2013

Mining and exploration companies with projects in developing nations should take note that an amendment to the Corruption of Foreign Public Officials Act (CFPOA) has been approved by the Senate and is currently before the...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Paul Morassutti, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/13/2013

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...more

Federal Court Of Appeal Strikes Out A Pleading Alleging That Expenses Are Non-Deductible In Light Of “Egregious And Repulsive”...

by David Spiro | Dentons on 5/13/2013

In a ruling handed down May 6, 2013, the Federal Court of Appeal ordered that portions of a Crown pleading be struck out for suggesting that a deduction may be disallowed on the basis that the conduct of the taxpayer in...more

Spam Smart Tip: Who’s Your Family?

by Tim Banks | Dentons on 5/13/2013

Sometimes legislative or regulatory definitions create ambiguity rather than clarity. The definition of “family relationship” in the draft Industry Canada regulations regarding Canada’s Anti-Spam Legislation (CASL) is a case...more

Verbatim: Global Compliance - Quarterly Newsletter: Spring 2013

by Orrick, Herrington & Sutcliffe LLP on 5/10/2013

We've highlighted a few notable developments in corporate governance law taking place this spring that may be of interest to you. For more information on any of the topics listed below, please contact us at...more

Aboriginal Law – The Crown’s Duty to Consult and the Involvement of Natural Resources Proponents in the Consultation Process

by Anne-Marie Dupont, Simon Ruel | Heenan Blaikie LLP on 5/10/2013

Natural resources proponents are often deeply involved in consultations with Aboriginal communities that may be affected by their projects. How far can the Crown delegate its constitutional duty to consult Aboriginal people...more

Plan Nord – Québec’s New Mining Royalty Regime

by Hugo-Pierre Gagnon, François Paradis, Ward Sellers | Osler, Hoskin & Harcourt LLP on 5/9/2013

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

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