Canada

News & Analysis as of

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

Witness the Creation of Ontario’s Modern Pension Regulator

To remain relevant and effective, industry regulators need to stay current. They must be attentive to economic realities, adapt to new technology and evolve with the industries they regulate. Ontario’s pension regulator is...more

US Commodity Futures Trading Commission Signs Counterpart to Memorandum of Understanding with Canadian Authority in Newfoundland...

The CFTC announced that Chairman Massad had signed the Counterpart to a Memorandum of Understanding with the Superintendent of Securities for Newfoundland and Labrador and the Canadian Minister for Intergovernmental...more

Pharmaceutical Product Liability Class Action Filed Relating to Olmetec Drug

Earlier this month a proposed class action was filed in Montreal by the Consumer Law Group alleging that Merck, Shering-Plough and Daiichi Sankyo (the Defendants) provided inadequate warnings about the drugs Olmetec and...more

PMRA Proposes to Phase Out Uses of Neonic Pesticide in Canada

On November 23, 2016, the Pest Management Regulatory Agency (PMRA) issued a press release on the use of neonicotinoid pesticides, along with a Proposed Re-evaluation Decision of the neonicotinoid pesticide, imidacloprid, and...more

Regulation still required compliance with older ANSI standard, not updated version: Tribunal

Where the government had not updated a regulation to require compliance with a newer version of an ANSI (American National Standards Institute) standard, the law still required compliance with the old version, a federal...more

Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract, Ontario Court Rules

Brand owners have engaged celebrity endorsers to sell products for decades, but not all of them make it through a celebrity endorsement unscathed. O.J. Simpson, Chris Brown, Tiger Woods and Ryan Lochte are among the celebrity...more

Ontario Land Transfer Tax Rates to Increase on Commercial Properties

On November 14, 2016, the Government of Ontario announced a series of changes to the Land Transfer Tax Act as part of the Building Ontario Up for Everyone Act (Budget Measures) (Bill). If passed, the Bill will increase land...more

The Upstream Oilfield Services Industry in Western Canada - A Backgrounder

Described by The Economist as “the unsung masters of the oil industry,” oilfield services are an integral and indispensable part of the oil and natural gas industry in Western Canada. Oilfield services companies are involved...more

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