Author Info for Bennett Jones LLP

Chris Abtosway

British Columbia Court of Appeal Applies the Correctness Standard of Review to an International Arbitration

Over the last few years, there has been considerable uncertainty in Canada about the standard of review applicable to appeals from domestic arbitral awards. This uncertainty stemmed in large part from the conflicting views…more

Canada, International Arbitration, Lululemon, Standard of Review, Supreme Court of Canada

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Ranjan Agarwal

National R&D: A Cautionary Tale about Expert Evidence

In its latest SR&ED decision, National R&D Inc v Canada, 2022 FCA 72, the Federal Court of Appeal reminded litigants of the first principles of expert evidence, the rules and requirements that govern it and of the dangers of…more

Canada, Corporate Counsel, Expert Testimony, Expert Witness, Rules of Civil Procedure

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Melanie Aitken

First Round of Competition Act Amendments Now in Force

On April 26, 2022, the Government of Canada revealed significant proposed amendments to the Competition Act (the Act) as part of the Budget Implementation Act, 2022, No. 1 (the BIA). As expected, these amendments have now come…more

Antitrust Division, Antitrust Provisions, Canada, Canadian Competition Act, Competition Authorities

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Peter Amrhein

Delaware Judge Finds Elusive MAC—Does It Change Anything?

Purchasers of businesses often want an "escape hatch" prior to closing if the target business suffers a "material adverse change" (or a "material adverse effect"). Historically, based on court decisions primarily out of the U.S…more

Acquisitions, Contract Negotiations, Contract Termination, Contract Terms, FDA

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Lisa Kakoske

Securities Commissions Revoke “Northwest Exemption” in Certain Jurisdictions

On August 15, 2018, the securities regulatory authorities (together, the "Commissions") of British Columbia, Manitoba, Nunavut, the Northwest Territories and the Yukon (the "Jurisdictions") announced that effective April 30,…more

Broker-Dealer, Canada, Canadian Securities Administration, Ontario Securities Commission (OSC), Registration Requirement

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Alison Archer

Prompt Payment Legislation in Alberta: More Changes and Clarifications

On October 21, 2020, following other Canadian jurisdictions, Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, passed its first reading in the Legislature of Alberta. If Bill 37 receives royal assent, it will,…more

Canada, Construction Industry, Construction Liens, Contractors, Liens

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Nicholas Arrigo

Government of Canada Trying to Focus Policies to Make Electric Vehicles Go

Budget 2022 Introduces: new "Super Flow-Through" Critical Mineral Exploration Tax Credit; funds to Support Critical Infrastructure; and further Support for Indigenous Partnerships…more

Automotive Industry, Canada, Electric Vehicles, Federal Budget, Infrastructure

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Sean Assié

Alberta Court of Appeal Releases Reference Opinion on Constitutionality of the Federal Impact Assessment Act

The Province of Alberta referred two constitutional questions to the Alberta Court of Appeal - - whether the federal Impact Assessment Act (IAA), part of Bill C-69, is unconstitutional in whole; and - whether certain…more

Assessment, Canada, Federal Jurisdiction, Federal Land, Hazardous Waste

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Sakina Babwani

Set-Aside Applications Cannot Be Used to Reargue Merits of the Claim

The Ontario trial court has once again emphasized that an application to set aside an arbitral award under Article 34 of the Model Law is not to be used as an opportunity to reargue the merits of the claim. Under Article…more

Arbitration, Arbitration Awards, Canada, International Arbitration, Mexico

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Mia Bacic

Continuation Funds: A Growing Trend

A Tool for Portfolio Management - While the secondaries market has traditionally provided opportunities for limited partners to exit from private equity funds, there has been an increase in General Partner (GP)-led secondary…more

Canada, Fund Sponsors, Investment, Investors, Private Equity

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Hon. John Baird P.C.

What Will the U.S. Election Mean for Canada?

In this recording from a web event following the U.S. election, Hugh MacKinnon (Chairman and CEO of Bennett Jones) moderates a panel of four of Canada's most insightful and respected leaders, and members of the firm's…more

Economic Development, Election Results, Energy Sector, Foreign Policy, Joe Biden

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Sabrina Bandali

UPDATED Canadian Sanctions Targeting Russia, Belarus and Separatist Territories in Ukraine Expanded - July 2022 #2

On February 21, 2022, Russia formally recognized the purported independence of two regions in Eastern Ukraine, Donetsk and Luhansk. The next day it ordered Russian troops into the separatist-occupied territories, and the…more

Belarus, Belarus Sanctions, Canada, Economic Sanctions, Foreign Policy

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Enzo Barichello Q.C.

Alberta’s Recovery Plan

The Government of Alberta has launched its long-term plan for economic recovery from the effects of the COVID-19 pandemic and the historic fall in oil prices. Alberta’s Recovery Plan is the province's strategy to invest in…more

Canada, Coronavirus/COVID-19, Public Health Emergency, Relief Measures

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Bruce Barker

Do You Issue Loans for Less than $5000? The Ontario Government Wants to Call you a Payday Lender

Businesses that issue loans to customers for $5,000 or less should be aware that the Ontario Ministry of Consumer Services (MCS) is proposing an amendment to the regulations under the Payday Loans Act, 2008 which, read literally…more

Canada, Loans, Payday Loans, Proposed Regulation, Registration

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Artem Barsukov

British Columbia Court of Appeal Applies the Correctness Standard of Review to an International Arbitration

Over the last few years, there has been considerable uncertainty in Canada about the standard of review applicable to appeals from domestic arbitral awards. This uncertainty stemmed in large part from the conflicting views…more

Canada, International Arbitration, Lululemon, Standard of Review, Supreme Court of Canada

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Harinder Basra

Canadian Securities Regulators Adopt Exemptions from Certain Base Shelf Prospectus Requirements

On December 6, 2021, the Canadian Securities Administrators (CSA) announced temporary exemptions providing for the adoption of a "well-known seasoned issuer" (WKSI) program applicable to certain issuers filing base shelf…more

Canada, Canadian Securities Administration, Disclosure Requirements, Proposed Amendments, Securities

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Thomas Bauer

The Reopening of the Tax Court of Canada: Timeline and Protocols as at May 15, 2020

Update from the Tax Court - On May 14, 2020, Chief Justice Rossiter and Associate Chief Justice Lamarre of the Tax Court of Canada provided an update on the resumption of operations of the Tax Court to the members of the…more

Canada, Coronavirus/COVID-19, Re-Opening Guidelines, Tax Court

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Daniel Baum

New Regulatory Guidance Requires Immediate Attention from Crypto Trading Platforms

Newly-released regulatory guidelines give crypto asset trading platforms (CTPs) operating in Ontario just a few weeks—until April 19, 2021—to contact the Ontario Securities Commission (OSC) to discuss how to ensure compliance…more

Anti-Money Laundering, Bitcoin, Blockchain, Crypto Exchanges, Cryptoassets

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Gannon Beaulne

Dismissal for Delay under Ontario’s Class Proceedings Act, 1992: Lamarche v Pacific Telescope Corp

In January 2022, Justice Belobaba (one of four judges on the Toronto Class Actions List) dismissed an action for delay under section 29.1 of Ontario’s Class Proceedings Act, 1992. Justice Belobaba’s decision in Bourque v Insight…more

Canada, Class Action, Foreign Defendants, Law Firm Associates, Law Firm Partners

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James Beeby

Proposed New Climate-Related Disclosure Requirements

On October 17, 2021, the Canadian Securities Administrators (CSA) published proposed National Instrument 51-107: Disclosure of Climate-related Matters (NI 51-107) for comment. The proposed rules would expand on the CSA's prior…more

Canada, Canadian Securities Administration, Climate Change, Disclosure Requirements, Financial Services Industry

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Jonathan Bell

Court of Appeal Refines the Corporate Attribution Doctrine

The corporate attribution doctrine concerns the attribution of the actions of a corporation’s directing mind to the corporation itself. On March 10, 2022, in Ernst & Young Inc. v. Aquino [Aquino], the Court of Appeal released…more

Canada, Corporate Counsel, Corporate Financing, Corporate Fraud, Corporate Liability

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Nohayla Benayad

Canada's Clean Electricity Standard Consultation Underway

The Government of Canada (through Environment and Climate Change Canada) launched a consultation through the publication of a discussion paper, "A Clean Electricity Standard in support of a net-zero electricity sector:…more

Canada, Clean Energy, Climate Change, Comment Period, Electricity

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Jason Berall

Court of Appeal Refines the Corporate Attribution Doctrine

The corporate attribution doctrine concerns the attribution of the actions of a corporation’s directing mind to the corporation itself. On March 10, 2022, in Ernst & Young Inc. v. Aquino [Aquino], the Court of Appeal released…more

Canada, Corporate Counsel, Corporate Financing, Corporate Fraud, Corporate Liability

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Joan Bilsland

Drawing Plausible Inferences on Limitation Period Questions: The SCC Articulates the Test for Discoverability

A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference of liability on the…more

Canada, Discovery, Supreme Court of Canada

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Jane Bird

Why Major Infrastructure Projects Succeed

Q&A with Jane Bird on partnership, governance and the private sector - Jane Bird delivered the afternoon keynote at the Toronto Region Board of Trade's 5th Annual Transportation Summit. She spoke about the characteristics of…more

Canada, Infrastructure, Public Improvement Projects, Public Private Partnerships (P3s), Public Transit

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Angela Blake

Canadian M&A in Q2 2022: Forging Ahead Through Choppy Seas

Key Highlights - - Concerns of global recession top of mind in uncertain economy - Q2 M&A volume down slightly, mid-market remains robust - Pricing of deals could be a challenge, strategic accretive acquisitions more…more

Acquisitions, Canada, Crypto Exchanges, Cryptoassets, Cryptocurrency

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Joseph Blinick

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a…more

Canada, Corporate Counsel, Employer Liability Issues, Employment Contract, Employment Litigation

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Paul Blundy

The Government of Canada Announces $10-Billion Infrastructure Growth Plan

On October 1, the Government of Canada announced the Canada Infrastructure Bank’s (CIB) $10-billion plan to invest in major infrastructure initiatives (the Growth Plan), as a part of the $35 billion allocated to the CIB under…more

Canada, Federal Budget, Federal Funding, Infrastructure, Proposed Legislation

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Robert Blunt

Toronto City Council Adopts Inclusionary Zoning Framework

The Toronto City Council adopted an Inclusionary Zoning (IZ) policy framework during the Council meeting from November 9-12, 2021, making it mandatory for certain new residential developments to include affordable housing…more

Affordable Housing, Canada, Inclusionary Housing Ordinance, Proposed Legislation, Zoning Laws

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Steven Bodi

Additional Canada Business Corporation Act Regulations to Come Into Force August 31, 2022

In 2021, the Government of Canada proposed regulations that would change the director election process for certain corporations established under the Canada Business Corporations Act (CBCA). For more information with respect to…more

Board Members, Board of Directors, Business Corporation Act, Canada, Corporate Counsel

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Robert Booth Q.C.

The Canadian Oil Sands: A Backgrounder

In this issue: - Preface - Current Issues in the Oil Sands - Introduction - Advantages of Investing in the Oil Sands - Challenges - Location and Extraction - Emerging…more

Canada, Oil & Gas, Oil Sands

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William Bortolin

US $2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO

On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion judgment to the SFC Litigation Trust for fraud and breach of fiduciary duty…more

Breach of Duty, Canada, Canadian Securities Administration, Enforcement Actions, Evidence

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Robert Bothwell

Virtual Signings for Commercial Transactions in the COVID-19 Pandemic (Updated)

This blog was originally published on May 6, 2020, but has been updated to reflect the Government of Alberta's recent legislative changes to the Guarantees Acknowledgement Act. Given the unfolding situation with COVID-19, we…more

Canada, Coronavirus/COVID-19, E-Signatures

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Scott Bower

Drawing Plausible Inferences on Limitation Period Questions: The SCC Articulates the Test for Discoverability

A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference of liability on the…more

Canada, Discovery, Supreme Court of Canada

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Colm Boyle

Alberta Utilities Commission Approves Deferral of Payments for AESO Tariff Transmission Charges

On March 18, 2020, the Government of Alberta directed that certain residential, farm, and small commercial utility customers in Alberta be given an option to defer the payment of electricity and natural gas bills for 90 days, if…more

Canada, Coronavirus/COVID-19, Relief Measures, Subsidies

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Andrew Bozzato

New Regulatory Guidance Requires Immediate Attention from Crypto Trading Platforms

Newly-released regulatory guidelines give crypto asset trading platforms (CTPs) operating in Ontario just a few weeks—until April 19, 2021—to contact the Ontario Securities Commission (OSC) to discuss how to ensure compliance…more

Anti-Money Laundering, Bitcoin, Blockchain, Crypto Exchanges, Cryptoassets

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Talia Bregman

New Guidance on Ontario's Electronic Monitoring in the Workplace Policy

As we discussed in our previous insight, Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital Workers, the Ontario government amended the Employment Standards Act, 2000 (the…more

Canada, Electronic Monitoring, Employee Privacy Rights, Employee Tracking, Employer Liability Issues

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Patrick Brennan Q.C.

More COVID-19 Relief for Employers: The Large Employer Emergency Financing Facility

The Large Employer Emergency Financing Facility (LEEFF) is another part of Canada's COVID-19 Economic Response Plan. Details of LEEFF were announced on May 20, 2020, the same time the application process opened…more

Canada, Coronavirus/COVID-19, Public Health Emergency, Relief Measures

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Maya Bretgoltz

The Demise of Waiver of Tort as a Cause of Action

Looking Forward: Class Actions in 2021 - In July 2020, the Supreme Court of Canada released its highly anticipated decision in Atlantic Lottery Corporation Inc. v Babstock—Bennett Jones acted for ALC. The decision put to rest…more

Canada, Class Action, New Amendments, Supreme Court of Canada, Tort

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Denise Bright

ISS Releases 2021 Climate & Voting Review and Global Trends Report

In recent years, there has been a distinct increase in climate-related shareholder activism with shareholder proposals and other initiatives on climate-related topics becoming prominent world-wide. On May 12, 2022, Institutional…more

Canada, Climate Change, Corporate Counsel, Corporate Finance, Corporate Governance

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Drew C. Broughton

Alberta Releases List of Essential Services, Orders Immediate Closure of Certain Non-Essential Businesses - Update

This is an update to a previous blog from March 28, 2020. As a response to the increasing risk that the COVID-19 virus poses to Albertans, on March 27, 2020, the Alberta Government made several announcements affecting business,…more

Business Closures, Canada, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

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Marie Buchinski

Geothermal Resource Development: Alberta Energy Issues Guidance for Obtaining Geothermal Resource Leases

On January 25, 2022, Alberta Energy issued Mineral Rights Information Bulletin 2022-02 (Bulletin) setting out guidance for acquiring deep geothermal resource leases for stand-alone geothermal operations in Alberta…more

Canada, Clean Energy, Energy Efficiency, Energy Sector, Geothermal Energy

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Stephen Burns

Federal Government Introduces Cybersecurity Legislation to Protect Critical Infrastructure

On June 14, 2022, federal Public Safety Minister Marco Mendicino introduced Bill C-26, An Act Respecting Cyber Security (ARCS). Intended to strengthen cybersecurity of vital services and vital systems, this proposed legislation…more

Canada, Critical Infrastructure Sectors, Cybersecurity, Data Privacy, Data Protection

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David Bursey

Revisiting Advance Costs for Public Interest Litigation: Beaver Lake Cree Nation Case

On March 18, 2022, the Supreme Court of Canada issued a decision in Anderson v Alberta [Beaver Lake Cree] that elaborates on the test for awarding advance costs to offset the expenses of public interest litigants. The decision…more

Aboriginal Issues, Canada, First Nations, Supreme Court of Canada, Tribal Lands

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Dave Bushuev

Supreme Court of Canada Awards Damages for Incentive Plan Entitlements Despite Plain Language of Plan

The Supreme Court of Canada's decision in Matthews v Ocean Nutrition Canada Ltd., 2020 SCC 26, highlights the high standard a court will require to rebut the presumption at common law that a dismissed employee will receive all…more

Canada, Corporate Counsel, Incentives, Supreme Court of Canada

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Nina Butz

The Need to Prove Compensable Losses in Privacy Class Actions

Recent developments in the privacy class actions space favour businesses facing ongoing risks in maintaining the privacy of individuals’ information collected for business use. While businesses must continue to adhere to…more

Canada, Class Action, Cybersecurity, Data Breach, Data Privacy

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Suzanne Byrne

Advertising and Marketing in Ontario's New iGaming Market: Update for Private Operators

The Alcohol and Gaming Commission of Ontario (AGCO) has announced new guidance for Internet gaming (iGaming) advertising and marketing, leading up to the launch of the province's new iGaming market on April 4, 2022…more

Advertising, Canada, Casinos, Gambling, Gaming

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Allyson Cairns-Walji

Alberta Law Reform Commission on Obligations to Step-Children

The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta…more

Canada, Dependents, Estate Planning, Executors, Guardians

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Roseann Caldwell

Changes to Canadian Patent Law

On October 30, 2019, the final stage of the new Canadian Patent Law will come into force. There will be many changes to Canadian Patent Law and practice. …more

Canada, Corporate Counsel, Due Care, Intellectual Property Protection, New Rules

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Alixe Cameron

Land Leases for Renewable Energy Projects in Alberta

The Province of Alberta will become the Canadian leader for utility-scale wind and solar capacity in five years, according to a recent analysis by Rystad Energy. A flurry of renewable projects in Alberta would increase installed…more

Canada, Clean Energy, Energy Projects, Energy Sector, Renewable Energy

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Gordon Cameron

A Reprieve From Onerous Corporate Regulations for Private Equity in British Columbia

Two weeks before implementation, potentially onerous new burdens for private investment funds that use a British Columbia company have been removed. Proposed amendments to the Business Corporation Act (BCA) would have applied to…more

Canada, Investment Adviser, Investment Funds, Investment Management, Investors

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Keely Cameron

Entitlement to Production Revenues Between the Effective Date and Closing in Insolvency Vesting Orders

One of the main benefits to a purchaser who buys oil and gas assets in a proceeding under the Companies' Creditors Arrangement Act or a receivership is the near-absolute quieting of title via a "vesting order." In Manitok Energy…more

Appeals, Bankruptcy and Insolvency Act (BIA), Canada, Commercial Bankruptcy, Insolvency

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Giovanna Campagna

Overview of Real Estate Emergency Pandemic Measures (Updated August 2020 #3)

Recent Updates - August 24, 2020: Update reflects the extension of a number of emergency orders under the Reopening Ontario (A Flexible Response to COVID-19) Act. In particular, this extension does not include the Education…more

Canada, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Duncan Card

Tax Effective Use by Canadian Online Retailers of Bermuda Operations for International Expansion - 2011 Canada-Bermuda Tax Information Exchange Agreement

E-tail Foreign Market Opportunity - The growth of online retail sales has globally outstripped the growth of all other retail channels, including during the last recession. For example, in England during 2012, it has been…more

Canada, E-Commerce, International Tax Issues, Internet, Internet Taxation

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David Cassin

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a…more

Canada, Corporate Counsel, Employer Liability Issues, Employment Contract, Employment Litigation

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Lincoln Caylor

The Cullen Commission Releases Its Final Report on Money Laundering in British Columbia—Key Takeaways

On June 15th, 2022 the Commission of Inquiry into Money Laundering in British Columbia released its highly-anticipated Final Report which comes after years of work and a review of extensive evidence, including testimony from…more

Anti-Money Laundering, Banking Sector, Banks, Canada, Chief Compliance Officers

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Jeilah Chan

Intellectual Property Meets Real Property: Recent Copyright Infringement Cases

Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property. In the first, the Ontario Court of Appeal determined who owned copyright in land surveys deposited with…more

Architecture, Canada, Copyright, Copyright Infringement, Land Surveys

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Dr. Sreedhar Cheekoori

Amendments to Canada's Export Control List Take Effect May 1, 2020

On April 1, 2020, Global Affairs Canada published an Order Amending the Export Control List, SOR/2020-48. The Order updated the Export Control List, SOR/89-202 (ECL) to incorporate by reference an updated version of A Guide to…more

Canada, Export Controls, Exports

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Eric Chernin

Harmonized Reporting for Private Placements (with Increased Disclosure Requirements)

An issuer that distributes securities to the public must either file a prospectus with securities regulatory authorities and deliver such prospectus to prospective purchasers, or rely upon a prospectus exemption available under…more

Canada, Canadian Securities Administration, Harmonization Rules, Investment Funds, Private Placements

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Michael Chow

Land Leases for Renewable Energy Projects in Alberta

The Province of Alberta will become the Canadian leader for utility-scale wind and solar capacity in five years, according to a recent analysis by Rystad Energy. A flurry of renewable projects in Alberta would increase installed…more

Canada, Clean Energy, Energy Projects, Energy Sector, Renewable Energy

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Peter Ciechanowski

Achieving Net Zero by 2050: The MMV Plan as a Fundamental Component to Carbon Sequestration Operations

The Government of Canada adopted the Canadian Net-Zero Emissions Accountability Act in 2021 that sets an aggressive emissions reduction target of 40 to 45 percent below 2005 levels and net-zero by 2050, followed by the…more

Canada, Carbon Emissions, Climate Change, Greenhouse Gas Emissions, Net Zero

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James Clare

Mining Interest in ATMs Spikes in Canada

Canadian mining issuers are showing an increased interest in at-the-market equity programs (ATMs) to access funding. Since July 2019, ATM offerings on Canadian exchanges worth well over $500 million have been announced in the…more

Canada, Canadian Securities Administration, Capital Raising, Corporate Issuers, Mineral Exploration

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Christy Clark

What Will the U.S. Election Mean for Canada?

In this recording from a web event following the U.S. election, Hugh MacKinnon (Chairman and CEO of Bennett Jones) moderates a panel of four of Canada's most insightful and respected leaders, and members of the firm's…more

Economic Development, Election Results, Energy Sector, Foreign Policy, Joe Biden

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Stephanie Clark

Four Appeals at the Supreme Court of Canada in the 2022 Winter Session

The Supreme Court of Canada winter term has begun. While the court will be hearing mostly criminal law matters, in January through March, it will consider four cases that may interest the business community or organizations…more

Airlines, Canada, Hydropower, Land Developers, Music Streaming

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Erik Coates

2030 Emissions Reduction Plan

On March 29, 2022, the Government of Canada released the first of a series of emissions reduction plans, entitled "2030 Emissions Reduction Plan – Canada's Next Steps for Clean Air and a Strong Economy" (the ERP) under the…more

Air Pollution, Air Quality Standards, Carbon Emissions, Clean Energy, Climate Change

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Murray Coleman

Trends to Watch in Agribusiness

In 2020, just before the pandemic hit, Bennett Jones Agribusiness, Food and Beverage practice group wrote about trends in agribusiness, namely AgTech, ESG and Export and Trade. After two years, the Bennett Jones Agribusiness…more

Agribusiness, Agricultural Sector, Agricultural Workers, Canada, Farms

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Graham Cook

Additional Changes to Alberta's Business Corporations Act Now in Effect

The Alberta Government's Business Corporations Amendment Act, 2021 (formerly Bill 84), which we wrote on in our previous insight Additional Changes Coming to Alberta's Business Corporations Act, was proclaimed into force on May…more

Board of Directors, Canada, Corporate Counsel, Corporate Governance, Corporate Officers

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John Craig Q.C.

Claims Committees and Disputes in the Construction Industry

As the construction industry adapts to operating in a COVID-19 world, the effects of the pandemic will continue to be felt as the economy moves from crisis to recovery. Projects have taken an array of unexpected turns during…more

Canada, Construction Industry, Coronavirus/COVID-19

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Simon Crawford

Self-Induced Urgency Is Not “Urgent"

"Self-induced urgency is not “urgent”." That was the opening line, and the ultimate decision from Hon. Justice Myers in Nicholas v Ogniewicz, 2021 ONSC 4442. The case involved an application by the purchaser for a one-hour…more

Canada, Coronavirus/COVID-19, Real Estate Development, Real Estate Investments, Real Estate Market

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Katrina Crocker

Canadian Ombudsperson for Responsible Enterprise Launches Human Rights Complaints Process

On March 15, 2021, the Canadian Ombudsperson for Responsible Enterprise (CORE) launched its complaints process, enabling the receipt of complaints respecting human rights abuses arising from the operations abroad of Canadian…more

Canada, Corporate Social Responsibility, Forced Labor, Human Rights, Mining

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Carl Cunningham

New Guidance on Ontario's Electronic Monitoring in the Workplace Policy

As we discussed in our previous insight, Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital Workers, the Ontario government amended the Employment Standards Act, 2000 (the…more

Canada, Electronic Monitoring, Employee Privacy Rights, Employee Tracking, Employer Liability Issues

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Matthew Cunningham

Corporations Canada Holds Public Consultations on Proposed CBCA Amendments

Corporations Canada has launched public consultations on proposed regulations under the Canada Business Corporations Act (CBCA) related to recent amendments to the CBCA regarding executive compensation and the well-being of…more

Canada, Corporate Governance, Pensions, Retirement, Shareholders

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Radha Curpen

National Indigenous Economic Strategy Rebuilding Indigenous Economies

On June 6, 2022, a coalition made up of more than 25 Indigenous organizations from across Canada released a National Indigenous Economic Strategy designed exclusively by Indigenous leaders, institutions and organizations. The…more

Aboriginal Issues, Canada, Economic Development, Economic Growth, First Nations

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Curtis Cusinato

Canada's M&A Landscape: Q1 2022 and Looking Ahead

Continued transaction momentum and the emergence of Canadian champions are trends that are defining Canada's M&A landscape as the first quarter of 2022 comes to a close. ESG will play a growing role in deal making as the year…more

Acquisitions, Environmental Social & Governance (ESG), Foreign Investment, Investment, Investors

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Duncan D'Arcy

Alberta Securities Commission Proposes Rules to Facilitate Cross-Border Offerings for Alberta Issuers

On April 17, 2018, the Alberta Securities Commission published a notice and request for comment of the proposed repeal and replacement of ASC Rule 72-501 Distributions to Purchasers Outside Alberta, which will provide new…more

Anti-Avoidance, Comment Period, Cross-Border, Disclosure Requirements, Exemptions

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