Author Info for Davies Ward Phillips & Vineberg LLP

Marc Pietro Allard

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the draft…more

Business Transfer Agreements, Canada, Capital Gains, Clean Energy, Clean Tech

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Christopher Anderson

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

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Benoit Archambault

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: • corporate…more

Business Taxes, Canada, Corporate Governance, Corporate Taxes, Cross-Border Transactions

See all updates »

Neal Armstrong

New GST Rebate for Purpose-Built Rental Property

As an incentive to builders to create more rental housing units, the federal government has announced the effective elimination of the goods and services tax (GST) payable on newly constructed rental housing, such as apartment…more

Affordable Housing, Apartments, Commercial Property Owners, Department of Finance, Fair Market Value

See all updates »

Aaron Atkinson

Taking AIM at the Mithaq Decision: A Critique

In a perplexing decision, Mithaq Canada Inc (Re), the Ontario Capital Markets Tribunal upheld a defensive private placement by a target corporation completed in the face of a hostile bid, effectively denying shareholders the…more

Capital Markets, Hostile Offers, Investors, Ontario, Poison Pill

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Anita Banicevic

Navigating the New Norm: Further Changes to Canada’s Competition Act in Effect

Parliament recently passed Bill C-59 (the Fall Economic Statement Implementation Act, 2023), which include important changes to Canada’s Competition Act, many of which are now in force. These amendments follow the already…more

Canada, Canadian Competition Act, Competition Authorities, Environmental Policies, Market-Sharing

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Elise Beauregard

Is Canada Pulling the Plug on Chinese Electric Vehicles?

The Canadian government has prioritized the promotion of the domestic electric vehicle (EV) industry, with the objective of establishing Canada as a leader in the global end-to-end EV supply chain. This effort includes providing…more

Canada, China, Electric Vehicles, Incentives, Supply Chain

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Marie-Claude Bellemare

Supreme Court of Canada Finds Impact Assessment Act Unconstitutional

On October 13, 2023, in a 5-2 split decision, the Supreme Court of Canada (SCC) found the federal Impact Assessment Act (IAA) to be, in part, unconstitutional in Reference re Impact Assessment Act. The SCC determined that the…more

Advisory Opinions, Canada, Climate Change, Energy Projects, Energy Sector

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Stephanie Ben-Ishai

2023 Business Insolvencies in Canada

As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity. In this issue, we perform a comparative review of business insolvencies from 2023,…more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Trustees, Canada, CCAA, Commercial Bankruptcy

See all updates »

Marc Berger

Citibank Gets Its Money Back

A February 16, 2021 decision of the United States District Court for the Southern District of New York held, in In re Citibank August 11, 2020 Wire Transfers, 520 F. Supp. 3d 390, that lenders who received almost $900 million…more

Appellate Courts, Banking Sector, Citibank, Clawbacks, Creditors

See all updates »

Jonathan Bilyk

Governance Insights: Protecting Information to Protect Process – When is it Appropriate to Restrict a Director’s Access to Board Records?

When is a board of directors permitted to withhold information from one of its members? Although the Canadian corporate statutes generally grant directors a blanket right to inspect board and committee minutes, there is…more

Best Management Practices, Board of Directors, Books & Records, Canada, Corporate Governance

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Brian Bloom

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the draft…more

Business Transfer Agreements, Canada, Capital Gains, Clean Energy, Clean Tech

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John Bodrug

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including banning…more

Abuse of Dominance, Anti-Competitive, Canada, Commercial Leases, Competition

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Nathan Boidman

Canada Finally Enacts the Digital Services Tax (Maybe)

The new Digital Services Tax Act came into force with an order-in-council on June 28, 2024, imposing a 3% digital services tax (DST) on certain Canadian-source digital services revenue of large entities. The DST would first be…more

Canada, Canada Revenue Agency (CRA), Corporate Counsel, Digital Services Tax, Foreign Corporations

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Jesse Boretsky

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the draft…more

Business Transfer Agreements, Canada, Capital Gains, Clean Energy, Clean Tech

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Marc-André Boutin

Protection de l’environnement : le gouvernement du Québec veut légaliser l’expropriation déguisée

L’Assemblée nationale a adopté, le 8 décembre dernier, des dispositions qui impacteront de manière draconienne les propriétaires dépossédés de leur terrain par un règlement municipal. Atteinte justifiée au droit de propriété-…more

Canada, Compensation, Environmental Protection Agency (EPA), Expropriation, Municipalities

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Ian Caines

Canada Finally Enacts the Digital Services Tax (Maybe)

The new Digital Services Tax Act came into force with an order-in-council on June 28, 2024, imposing a 3% digital services tax (DST) on certain Canadian-source digital services revenue of large entities. The DST would first be…more

Canada, Canada Revenue Agency (CRA), Corporate Counsel, Digital Services Tax, Foreign Corporations

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Andrew Carlson

Ontario Court of Appeal Issues Decision in The Catalyst Capital Group Inc. v West Face Capital Inc.

The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association1 (Pointes Protection) and Hansman v Neufeld2 (Neufeld), has issued its…more

Anti-SLAPP, Appellate Courts, Counterclaims, Defamation, Ontario

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Guillaume Charlebois

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting Unconstitutional Legislation

In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and…more

Canada, Criminal Records, Damages, Governmental Immunity, Liability

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Sammy Cheaib

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

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Julie Colden

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

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Sarah Cormack

Québec Court Tackles Novel Issues During Approval of the Second Remediation Agreement (a.k.a. Deferred Prosecution Agreement) Under the Canadian Criminal Code

The Superior Court of Québec recently published its reasons1 approving Canada’s second remediation agreement under the Criminal Code, Canada’s version of a deferred prosecution agreement (DPA). In his reasons, Justice Marc David…more

Criminal Code, Deferred Prosecution Agreements, Penalties, Remediation, Supreme Court of Canada

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R. Ian Crosbie

Federal Budget 2022: Tax Highlights

On April 7, 2022 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2022), the second budget since the start of the…more

Business Transfer Agreements, Canada, Capital Gains Tax, Carbon Capture and Sequestration, Coronavirus/COVID-19

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Chantelle Cseh

Supreme Court of Canada Reprimands Québec Court of Appeal’s Use of “Secret Trial”

In a unanimous decision recently released in Canadian Broadcasting Corp. v Named Person, the Supreme Court of Canada (SCC) allowed, in part, the appeal from the Court of Appeal of Québec (QCA), which had sealed virtually all the…more

Broadcasting, Canada, Identity Protection Services, Informants, Judicial Discretion

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Steven Cutler

Canadian Dual-Listed Company Insiders Remain Exempt from U.S. Short-Swing Profit and Insider Reporting Rules

In a positive development since our earlier bulletin, the U.S. House and Senate have decided to retain the exemptions from obligations imposed under section 16 of the Securities Exchange Act of 1934 that are relied upon by…more

Foreign Private Issuers, Insider Trading, NDAA, Reporting Requirements, Securities and Exchange Commission (SEC)

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Sumeet Dang

First OPC Ruling for 2023 Will Impact Third-Party Processor Contracts

The Office of the Privacy Commissioner of Canada (OPC) recently released findings stemming from a customer complaint that Home Depot of Canada (Home Depot) had violated the Personal Information Protection and Electronic…more

Advertising, Data Controller, Disclosure, Facebook, Home Depot

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Jim Dinning

Canada Signals High Bar for Investment Canada Act Approvals for Acquisitions of Critical Minerals Businesses

Canada’s Minister of Innovation, Science and Industry (Minister) recently issued a Ministerial Statement on Net Benefit Reviews of Canadian Critical Minerals Companies. Transactions involving important Canadian mining companies…more

Canada, Foreign Investment, Investment Canada Act, Minerals, Ministerial Exception

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Eytan Dishy

Federal Budget 2022: Tax Highlights

On April 7, 2022 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2022), the second budget since the start of the…more

Business Transfer Agreements, Canada, Capital Gains Tax, Carbon Capture and Sequestration, Coronavirus/COVID-19

See all updates »

Michael Disney

Citibank Gets Its Money Back

A February 16, 2021 decision of the United States District Court for the Southern District of New York held, in In re Citibank August 11, 2020 Wire Transfers, 520 F. Supp. 3d 390, that lenders who received almost $900 million…more

Appellate Courts, Banking Sector, Citibank, Clawbacks, Creditors

See all updates »

Tania Djerrahian

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: • corporate…more

Business Taxes, Canada, Corporate Governance, Corporate Taxes, Cross-Border Transactions

See all updates »

Marie-France Dompierre

Canada's Top Court Decides Against Equitable Rescission in Collins Family Trust

“Equity has no place here,” held the Supreme Court of Canada in its 8-1 decision in Canada (Attorney General) v Collins Family Trust (Collins), 2022 SCC 26, on June 17. Reversing the decisions of the British Columbia courts…more

Business Assets, Canada Revenue Agency (CRA), Creditors, Dividends, Equity

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Guy Du Pont

Supreme Court of Canada Reprimands Québec Court of Appeal’s Use of “Secret Trial”

In a unanimous decision recently released in Canadian Broadcasting Corp. v Named Person, the Supreme Court of Canada (SCC) allowed, in part, the appeal from the Court of Appeal of Québec (QCA), which had sealed virtually all the…more

Broadcasting, Canada, Identity Protection Services, Informants, Judicial Discretion

See all updates »

Sarah Elharrar

It Ain’t Easy Being Green: Raising Funds in the Age of Decarbonization and Electrification

Any fund manager that has raised capital in the last 10 years will tell you that environmental, social and governance (ESG) principles have gained increased prominence with investors globally. But has ESG given rise to a new…more

Carbon Capture and Sequestration, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Divestment, Environmental Social & Governance (ESG)

See all updates »

Andrew Ellis

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

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Brittany Finn

Federal Budget 2022: Tax Highlights

On April 7, 2022 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2022), the second budget since the start of the…more

Business Transfer Agreements, Canada, Capital Gains Tax, Carbon Capture and Sequestration, Coronavirus/COVID-19

See all updates »

Sharon Ford

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

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Steven Frankel

No Need to Disclose “Unsolicited, Inexpert, Premature and Unreliable” Opinions

Overview- The Court of Appeal for Ontario has confirmed that a public company acted properly and lawfully when it decided not to disclose to the investing public an opinion received from an external consultant that questioned…more

Appellate Courts, Disclosure, Genuine Issue of Material Fact, Misrepresentation, Ontario

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Jack Franklin

Filling the Gap: Scope of Canadian Anti-Money Laundering Laws Expanded

The Canadian federal government has fulfilled its promise to expand Canada’s anti-money laundering (AML) regime to cover crowdfunding platforms and certain payment service providers (PSPs) that previously operated outside the…more

Amending Regulation, Anti-Money Laundering, Canada, Crowdfunding, Financial Institutions

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Richard Fridman

Davies Comments on First Proposed Canadian Sustainability Disclosure Standards

Davies recently submitted a comment letter in response to public consultations initiated by the Canadian Sustainability Standards Board (CSSB) regarding their draft sustainability and climate disclosure standards, which aim to…more

Canada, Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions

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Rui Gao

Canada’s Top Court Confirms Anti-SLAPP Motions Protect Speakers, Not Plaintiffs

The Supreme Court of Canada, in commenting on anti-SLAPP legislation for the third time in the span of three years, has confirmed that even potentially meritorious claims must be dismissed if the public interest in the…more

Anti-SLAPP, Canada, Defamation, LGBTQ, Public Interest

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Marc André Gaudreau Duval

Canada Finally Enacts the Digital Services Tax (Maybe)

The new Digital Services Tax Act came into force with an order-in-council on June 28, 2024, imposing a 3% digital services tax (DST) on certain Canadian-source digital services revenue of large entities. The DST would first be…more

Canada, Canada Revenue Agency (CRA), Corporate Counsel, Digital Services Tax, Foreign Corporations

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Michel Gélinas

Ownership of Privileged Communications in M&A Transactions: Practical Takeaways and Recent Case Law

Traduction en cours. Can the buyer in a M&A transaction who takes possession of the seller’s or target company’s privileged communications on closing use those communications in a post-closing dispute against the seller? Can…more

Attorney-Client Privilege, Buyers, Computer Servers, Confidential Information, Data Collection

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Peter Glicklich

Federal Courts Weigh in on the FBAR: Providing Relief from Outrageous Penalties

In this bulletin, we highlight two recent federal court cases in which U.S. taxpayers won major victories against the United States with respect to their obligations to report non-U.S. accounts on FinCEN Form 114 – Report of…more

Failure to Report, FBAR, FinCEN, Foreign Bank Accounts, Foreign Banks

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Kevin Greenspoon

Ownership of Privileged Communications in M&A Transactions: Practical Takeaways and Recent Case Law

Traduction en cours. Can the buyer in a M&A transaction who takes possession of the seller’s or target company’s privileged communications on closing use those communications in a post-closing dispute against the seller? Can…more

Attorney-Client Privilege, Buyers, Computer Servers, Confidential Information, Data Collection

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Jean-Philippe Groleau

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting Unconstitutional Legislation

In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and…more

Canada, Criminal Records, Damages, Governmental Immunity, Liability

See all updates »

Louis Guilbault

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: • corporate…more

Business Taxes, Canada, Corporate Governance, Corporate Taxes, Cross-Border Transactions

See all updates »

Sabina Han

New GST Rebate for Purpose-Built Rental Property

As an incentive to builders to create more rental housing units, the federal government has announced the effective elimination of the goods and services tax (GST) payable on newly constructed rental housing, such as apartment…more

Affordable Housing, Apartments, Commercial Property Owners, Department of Finance, Fair Market Value

See all updates »

Connor Hasegawa

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the draft…more

Business Transfer Agreements, Canada, Capital Gains, Clean Energy, Clean Tech

See all updates »

Matthias Heilke

Taxpayers Must Pay Interest on Non-Existent Tax Debts

In The Bank of Nova Scotia v The Queen, the Tax Court of Canada (TCC) considered how to calculate arrears interest on an audit adjustment that is offset by a loss carryback…more

Arrearages, Back Taxes, Canada, Carryback Rules, Delinquency Status

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Juan Higuera

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

See all updates »

Joshua Hollenberg

Federal Government Enacts Significant Amendments to Canada’s Competition Act

Significant amendments to Canada’s Competition Act (Act) were enacted on June 23, 2022, with the passing of the federal government’s 2022 budget implementation legislation. The amendments foreshadow more aggressive…more

Abuse of Dominance, Amended Legislation, Anti-Avoidance, Canadian Competition Act, Cartels

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Ariane Hunter-Meunier

New GST Rebate for Purpose-Built Rental Property

As an incentive to builders to create more rental housing units, the federal government has announced the effective elimination of the goods and services tax (GST) payable on newly constructed rental housing, such as apartment…more

Affordable Housing, Apartments, Commercial Property Owners, Department of Finance, Fair Market Value

See all updates »

Brooke Jamison

It Ain’t Easy Being Green: Raising Funds in the Age of Decarbonization and Electrification

Any fund manager that has raised capital in the last 10 years will tell you that environmental, social and governance (ESG) principles have gained increased prominence with investors globally. But has ESG given rise to a new…more

Carbon Capture and Sequestration, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Divestment, Environmental Social & Governance (ESG)

See all updates »

Alexander Max Jarvie

The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol (IP)…more

Appellate Courts, Canada, Data Privacy, Fraud, Internet

See all updates »

Darren Joblonkay

Federal Budget 2022: Tax Highlights

On April 7, 2022 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2022), the second budget since the start of the…more

Business Transfer Agreements, Canada, Capital Gains Tax, Carbon Capture and Sequestration, Coronavirus/COVID-19

See all updates »

Laurence Jolicoeur

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: • corporate…more

Business Taxes, Canada, Corporate Governance, Corporate Taxes, Cross-Border Transactions

See all updates »

Alexandra Kaluzny

The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol (IP)…more

Appellate Courts, Canada, Data Privacy, Fraud, Internet

See all updates »

Michael Kandev

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

See all updates »

Mark Katz

Is Canada Pulling the Plug on Chinese Electric Vehicles?

The Canadian government has prioritized the promotion of the domestic electric vehicle (EV) industry, with the objective of establishing Canada as a leader in the global end-to-end EV supply chain. This effort includes providing…more

Canada, China, Electric Vehicles, Incentives, Supply Chain

See all updates »

Elisa Kearney

Canadian Government to Enhance Scrutiny of Foreign Investments in the Interactive Digital Media Sector

The Canadian government recently issued two policy statements (IDM Statements) affirming that it will enhance its scrutiny under the Investment Canada Act (ICA) of foreign investments in the Canadian Interactive Digital Media…more

Canada, Corporate Governance, Digital Media, Entertainment Industry, Foreign Governments

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Umang Khandelwal

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including banning…more

Abuse of Dominance, Anti-Competitive, Canada, Commercial Leases, Competition

See all updates »

Olivia Khazam

New Rules and Reporting Requirements Coming for the Real Estate Sector

As 2022 comes to a close, we draw your attention to certain new and proposed legislation that the Canadian federal government has introduced and that will have important implications for Canadian residential real estate and the…more

EBITDA, Lawful Permanent Residents, Real Estate Market, Residential Property Owners, Residential Real Estate Market

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Zachary Kling

Federal Courts Weigh in on the FBAR: Providing Relief from Outrageous Penalties

In this bulletin, we highlight two recent federal court cases in which U.S. taxpayers won major victories against the United States with respect to their obligations to report non-U.S. accounts on FinCEN Form 114 – Report of…more

Failure to Report, FBAR, FinCEN, Foreign Bank Accounts, Foreign Banks

See all updates »

Taj Kudhail

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: • corporate…more

Business Taxes, Canada, Corporate Governance, Corporate Taxes, Cross-Border Transactions

See all updates »

Faiz Lalani

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and…more

Canada, Claims Made Policy, D&O Insurance, Insurance Claims, Insurance Industry

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Marie-Andrée Latreille

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: • corporate…more

Business Taxes, Canada, Corporate Governance, Corporate Taxes, Cross-Border Transactions

See all updates »

Jordan Lavi

If It Ain’t Broke… Comments on Draft Capital Markets Act

Davies has submitted a comprehensive comment letter on a new Capital Markets Act (CMA) proposed by the Ontario Ministry of Finance, on the recommendation of the Capital Markets Modernization Taskforce, to replace the Ontario…more

Capital Markets, Capital Markets Act (CMA), Investors, Ontario, Ontario Securities Commission (OSC)

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Jennifer Lee

Federal Courts Weigh in on the FBAR: Providing Relief from Outrageous Penalties

In this bulletin, we highlight two recent federal court cases in which U.S. taxpayers won major victories against the United States with respect to their obligations to report non-U.S. accounts on FinCEN Form 114 – Report of…more

Failure to Report, FBAR, FinCEN, Foreign Bank Accounts, Foreign Banks

See all updates »

Amélie Lehouillier

The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol (IP)…more

Appellate Courts, Canada, Data Privacy, Fraud, Internet

See all updates »

Joseph-Anaël Lemieux

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting Unconstitutional Legislation

In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and…more

Canada, Criminal Records, Damages, Governmental Immunity, Liability

See all updates »

John Lennard

Federal Budget 2022: Tax Highlights

On April 7, 2022 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2022), the second budget since the start of the…more

Business Transfer Agreements, Canada, Capital Gains Tax, Carbon Capture and Sequestration, Coronavirus/COVID-19

See all updates »

Chenyang Li

Following the Money: Emergencies Act Invoked to Expand Anti-Money Laundering Rules

The Canadian federal government announced this week that it was invoking the never-before-used Emergencies Act1 in response to ongoing blockades and occupations arising out of the self-titled “Freedom Convoy” protests. As part…more

Anti-Money Laundering, Canada, Crowdfunding, OSFI, Popular

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Jennifer Longhurst

If It Ain’t Broke… Comments on Draft Capital Markets Act

Davies has submitted a comprehensive comment letter on a new Capital Markets Act (CMA) proposed by the Ontario Ministry of Finance, on the recommendation of the Capital Markets Modernization Taskforce, to replace the Ontario…more

Capital Markets, Capital Markets Act (CMA), Investors, Ontario, Ontario Securities Commission (OSC)

See all updates »

Michael Lubetsky

Highlights of Canada’s Latest Legislative Tax Proposals

The Department of Finance recently released a package of materials containing potential changes to the Canadian tax system (Tax Proposals). The materials, released on August 9, 2022, include draft amendments to the Income Tax…more

Canada, Department of Finance, Disclosure Requirements, Financial Institutions, Foreign Subsidiaries

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Natasha MacParland

2023 Business Insolvencies in Canada

As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity. In this issue, we perform a comparative review of business insolvencies from 2023,…more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Trustees, Canada, CCAA, Commercial Bankruptcy

See all updates »

Giulia Caselli Maldonado

The SEC Amends Beneficial Ownership Reporting Rules

On October 10, 2023, the Securities and Exchange Commission (SEC) adopted final amendments to the rules that govern beneficial ownership reporting and provided guidance on the application of those rules. The SEC also articulates…more

Alberta Securities Commission, Amended Rules, Beneficial Owner, Canadian Securities Administration, Derivatives

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Alysha Manji-Knight

Employers Beware: Amendments to the Canadian Competition Act’s Criminal Conspiracy Provisions Take Effect

Amendments to the Canadian Competition Act (Act), taking effect on June 23, 2023, will make it a criminal offence for unaffiliated employers to agree, conspire or arrange to: •“fix, maintain, decrease or control salaries,…more

Adverse Employment Action, Canada, Canadian Competition Act, Competition Authorities, Corporate Counsel

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Heath Martin

U.S. Tax Laws: A Review of 2021 and a Look Ahead to 2022

Review of U.S. Tax Developments in 2021- Last year, we predicted that the biggest U.S. tax news in 2021 would be revenue-raising legislation that the Democrats would put forward after the election of Joe Biden as the 46th…more

Anti-Injunction Act, Base Erosion and Anti-Abuse Tax (BEAT), BEPS, Capital Gains, Corporate Taxes

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Trevor May

COVID-19 and the Courts: What You Need to Know - Updated December 2021

Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities and…more

Affidavits, Appellate Courts, Best Practices, Canada, Coronavirus/COVID-19

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Seann McAleese

Ontario Legislation Prohibits Non-Competition Provisions and Introduces Employees’ Right to Disconnect

The Ontario government’s Bill 27, Working for Workers Act, 2021, received royal assent on December 2, 2021. The bill contains a broad range of amendments to the Employment Standards Act, 2000 (ESA), including non-competition…more

Acquisitions, Canada, Employment Standards Act, Non-Compete Agreements, Ontario

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John McCamus

Citibank Gets Its Money Back

A February 16, 2021 decision of the United States District Court for the Southern District of New York held, in In re Citibank August 11, 2020 Wire Transfers, 520 F. Supp. 3d 390, that lenders who received almost $900 million…more

Appellate Courts, Banking Sector, Citibank, Clawbacks, Creditors

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Alexandra Belley-McKinnon

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting Unconstitutional Legislation

In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and…more

Canada, Criminal Records, Damages, Governmental Immunity, Liability

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Jesany Michel

Governance Insights: Get Smart on Artificial Intelligence (AI) and Corporate Governance: Key Considerations for Boards of Directors

It has been one year since OpenAI released ChatGPT, arguably catalyzing today’s new wave of interest in AI. This surge of interest is driving substantial investments in AI technologies and a heightened urgency to address the use…more

Artificial Intelligence, Canada, Code of Conduct, Cybersecurity, Governance Standards

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Andrew Mihalik

Governance Insights: 10 Trends that GCs and Boards Need to Know

The latest edition of Davies’ Governance Insights is now available. In this issue, we explore 10 important trends that will help general counsel and boards navigate the year ahead. In order to help you with your strategic and…more

Activist, Artificial Intelligence, Canada, Canada Revenue Agency (CRA), Canadian Securities Administration

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Matthew Milne-Smith

Ontario Court of Appeal Issues Decision in The Catalyst Capital Group Inc. v West Face Capital Inc.

The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association1 (Pointes Protection) and Hansman v Neufeld2 (Neufeld), has issued its…more

Anti-SLAPP, Appellate Courts, Counterclaims, Defamation, Ontario

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Nicolas Morin

CSA Introduces a Streamlined Shelf Prospectus Regime for “Well-Known Seasoned Issuers”

The Canadian Securities Administrators (CSA) recently announced that each of its members has adopted a blanket order (collectively, Blanket Orders) to make available to “well-known seasoned issuers” (WKSIs) a streamlined shelf…more

Canada, Canadian Securities Administration, Capital Markets, Securities Regulation, Shelf Registration

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Léon Moubayed

Striking the Balance of Power: Supreme Court Confirms Government Has No Absolute Immunity from Charter Damages When Adopting Unconstitutional Legislation

In its recent decision, Canada (Attorney General) v Power (Power), a divided Supreme Court of Canada (SCC) confirmed that a government can incur liability for damages under section 24(1) of the Canadian Charter of Rights and…more

Canada, Criminal Records, Damages, Governmental Immunity, Liability

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Robert Murphy

If It Ain’t Broke… Comments on Draft Capital Markets Act

Davies has submitted a comprehensive comment letter on a new Capital Markets Act (CMA) proposed by the Ontario Ministry of Finance, on the recommendation of the Capital Markets Modernization Taskforce, to replace the Ontario…more

Capital Markets, Capital Markets Act (CMA), Investors, Ontario, Ontario Securities Commission (OSC)

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Maïté Murray

Bill S-285: A Canadian Contribution to the Stakeholder Governance Debate

Senator Julie Miville-Dechêne recently introduced the 21st-Century Business Act (Bill S-285), a Senate public bill that proposes substantive amendments to the Canada Business Corporations Act (CBCA). The legislative proposal…more

Board of Directors, Business Corporation Act, Canada, CBCA, Child Labor

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Jeffrey Nadler

Canadian Dual-Listed Company Insiders Remain Exempt from U.S. Short-Swing Profit and Insider Reporting Rules

In a positive development since our earlier bulletin, the U.S. House and Senate have decided to retain the exemptions from obligations imposed under section 16 of the Securities Exchange Act of 1934 that are relied upon by…more

Foreign Private Issuers, Insider Trading, NDAA, Reporting Requirements, Securities and Exchange Commission (SEC)

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Éloïse Noiseux

Court of Québec Orders the Exclusion of Evidence Citing “Serious” and “Systemic” Breaches of the Canadian Charter of Rights and Freedoms

In the Bouchard case rendered in July 2023, many years after the Supreme Court of Canada rendered the Jarvis decision, the Court of Québec concluded that the fundamental rights of medical specialists (i) against…more

Audits, Charter of Fundamental Rights, Health Clinics, Health Insurance, Inspections

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Louis-Martin O'Neill

Updated “Ineligibility and Suspension Policy”: Are You at Risk of Losing Your Right to Contract with the Canadian Government?

The new policy provides for increased flexibility in the assessment of a supplier’s conduct, but targets a much broader range of situations triggering ineligibility, Introduction - The Government of Canada recently updated…more

Canada, Corporate Governance, Criminal Code, Insider Trading, Lobbying

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James O'Shea

Continuation Funds – Key Considerations

Continuation funds, commonly referred to as GP-led secondaries or restructurings, have long divided sponsor and investor opinion. While a leading European pension fund investor recently described them as part of a broader…more

Fund Management Companies, Investment, Investors, Private Equity, Transparency

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Maura O'Sullivan

Ontario Court of Appeal Issues Decision in The Catalyst Capital Group Inc. v West Face Capital Inc.

The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association1 (Pointes Protection) and Hansman v Neufeld2 (Neufeld), has issued its…more

Anti-SLAPP, Appellate Courts, Counterclaims, Defamation, Ontario

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Patricia Olasker

In a Win for Shareholders, B.C. Securities Commission Provides Joint Actor Guidance for Proxy Contests

Important guidance on “acting jointly or in concert” in a proxy contest was provided by the British Columbia Securities Commission (Commission) in NorthWest Copper Corp. (December 22, 2023). The Commission declined to find a…more

British Columbia Securities Commission, Canada, Directors, Early Warning Regime, Proxy Voting

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Corey Omer

The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol (IP)…more

Appellate Courts, Canada, Data Privacy, Fraud, Internet

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Brandon Orr

Taking AIM at the Mithaq Decision: A Critique

In a perplexing decision, Mithaq Canada Inc (Re), the Ontario Capital Markets Tribunal upheld a defensive private placement by a target corporation completed in the face of a hostile bid, effectively denying shareholders the…more

Capital Markets, Hostile Offers, Investors, Ontario, Poison Pill

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José Tomás Otero

NYSE and Nasdaq Propose Listing Standards Requiring Issuers to Adopt Clawback Policies to Recover Erroneously Awarded Incentive-Based Executive Compensation

The New York Stock Exchange (NYSE) and the Nasdaq Stock Market (Nasdaq) recently proposed new listing standards to implement the U.S. Securities and Exchange Commission (SEC) rules regarding the recovery of erroneously awarded…more

C&DIs, Clawbacks, Compliance, Executive Compensation, Incentive Compensation

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Rachel Park

Guide to Shareholder Activism and Proxy Contests in Canada

Davies’ Shareholder Activism and Proxy Contests in Canada guide draws on our market-leading expertise to offer our insights on the principal legal and practical considerations for both activists and target companies, as well as…more

Advance Notice, Antitrust Litigation, Beneficial Owner, Classified Information, Compensation Agreements

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Laila Paszti

Québec Ushers in a Brave New World of Privacy

The Québec National Assembly has passed and the Lieutenant-Governor has assented to Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (Act). The Act, which became law on…more

Canada, Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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Louise Patry

Doing Business in Québec

Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: • corporate…more

Business Taxes, Canada, Corporate Governance, Corporate Taxes, Cross-Border Transactions

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Dajena Pechersky

Canadian Government to Enhance Scrutiny of Foreign Investments in the Interactive Digital Media Sector

The Canadian government recently issued two policy statements (IDM Statements) affirming that it will enhance its scrutiny under the Investment Canada Act (ICA) of foreign investments in the Canadian Interactive Digital Media…more

Canada, Corporate Governance, Digital Media, Entertainment Industry, Foreign Governments

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Vanessa Pendenza

Overhaul of Québec Legislation Concerning Publicity Contests

Québec recently repealed the province’s strict regulations concerning contests open to Québec participants by amending the Act respecting lotteries, publicity contests, and amusement machines (Act) and by abolishing the Rules…more

Advertising, Contests & Promotions, Criminal Code, Market Participants, Sponsors

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Carol Pennycook

If It Ain’t Broke… Comments on Draft Capital Markets Act

Davies has submitted a comprehensive comment letter on a new Capital Markets Act (CMA) proposed by the Ontario Ministry of Finance, on the recommendation of the Capital Markets Modernization Taskforce, to replace the Ontario…more

Capital Markets, Capital Markets Act (CMA), Investors, Ontario, Ontario Securities Commission (OSC)

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Anthony Piché

First Remediation Agreement under the Canadian Criminal Code: Key Takeaways

The Superior Court of Québec recently published its reasons1 approving Canada’s first remediation agreement under the Criminal Code, which is Canada’s version of a deferred prosecution agreement (DPA). In his reasons, the…more

Amnesty, Bribery, Criminal Code, Deferred Prosecution Agreements, Penalties

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Agnès Pignoly

Updated “Ineligibility and Suspension Policy”: Are You at Risk of Losing Your Right to Contract with the Canadian Government?

The new policy provides for increased flexibility in the assessment of a supplier’s conduct, but targets a much broader range of situations triggering ineligibility, Introduction - The Government of Canada recently updated…more

Canada, Corporate Governance, Criminal Code, Insider Trading, Lobbying

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Alexandria Pike

Federal Impact Assessment: Legislative Amendments and Cabinet Directive

The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as…more

Canada, Constitutional Challenges, Federal Jurisdiction, Greenhouse Gas Emissions, Impact Assessments

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Xavier Plomteux

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the draft…more

Business Transfer Agreements, Canada, Capital Gains, Clean Energy, Clean Tech

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George Pollack

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and…more

Canada, Claims Made Policy, D&O Insurance, Insurance Claims, Insurance Industry

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Marc Pontone

Governance Insights: Protecting Information to Protect Process – When is it Appropriate to Restrict a Director’s Access to Board Records?

When is a board of directors permitted to withhold information from one of its members? Although the Canadian corporate statutes generally grant directors a blanket right to inspect board and committee minutes, there is…more

Best Management Practices, Board of Directors, Books & Records, Canada, Corporate Governance

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Sarah Powell

Davies Comments on First Proposed Canadian Sustainability Disclosure Standards

Davies recently submitted a comment letter in response to public consultations initiated by the Canadian Sustainability Standards Board (CSSB) regarding their draft sustainability and climate disclosure standards, which aim to…more

Canada, Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions

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Cédric Primeau

Supreme Court of Canada Reprimands Québec Court of Appeal’s Use of “Secret Trial”

In a unanimous decision recently released in Canadian Broadcasting Corp. v Named Person, the Supreme Court of Canada (SCC) allowed, in part, the appeal from the Court of Appeal of Québec (QCA), which had sealed virtually all the…more

Broadcasting, Canada, Identity Protection Services, Informants, Judicial Discretion

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Jonathan Rhein

U.S. Supreme Court Upends 40 Years of Judicial Deference to Regulations

In a historical opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, released at the end of June, the U.S. Supreme Court overturned the “Chevron” doctrine, which for so long had controlled judicial review of…more

Administrative Procedure Act, Chevron Deference, Federal Trade Commission (FTC), IRS, Judicial Authority

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Derek Ricci

Québec Court Tackles Novel Issues During Approval of the Second Remediation Agreement (a.k.a. Deferred Prosecution Agreement) Under the Canadian Criminal Code

The Superior Court of Québec recently published its reasons1 approving Canada’s second remediation agreement under the Criminal Code, Canada’s version of a deferred prosecution agreement (DPA). In his reasons, Justice Marc David…more

Criminal Code, Deferred Prosecution Agreements, Penalties, Remediation, Supreme Court of Canada

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Guy-Étienne Richard

Ontario Legislation Prohibits Non-Competition Provisions and Introduces Employees’ Right to Disconnect

The Ontario government’s Bill 27, Working for Workers Act, 2021, received royal assent on December 2, 2021. The bill contains a broad range of amendments to the Employment Standards Act, 2000 (ESA), including non-competition…more

Acquisitions, Canada, Employment Standards Act, Non-Compete Agreements, Ontario

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Zaira Cortes Rivero

IRS Proposes to Limit Application of Funding Rule on Stock Buyback Excise Tax

In prior bulletins from February 2023 and December 2022, we described a notice from the Internal Revenue Service (IRS) that outlined the rules that the IRS intended to issue with respect to the 1% stock buyback excise tax. This…more

Excise Tax, IRS, Proposed Regulation, Publicly-Traded Companies, Share Buybacks

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Zain Rizvi

Filling the Gap: Scope of Canadian Anti-Money Laundering Laws Expanded

The Canadian federal government has fulfilled its promise to expand Canada’s anti-money laundering (AML) regime to cover crowdfunding platforms and certain payment service providers (PSPs) that previously operated outside the…more

Amending Regulation, Anti-Money Laundering, Canada, Crowdfunding, Financial Institutions

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Caroline Robertson

Overhaul of Québec Legislation Concerning Publicity Contests

Québec recently repealed the province’s strict regulations concerning contests open to Québec participants by amending the Act respecting lotteries, publicity contests, and amusement machines (Act) and by abolishing the Rules…more

Advertising, Contests & Promotions, Criminal Code, Market Participants, Sponsors

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Élisabeth Robichaud

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the draft…more

Business Transfer Agreements, Canada, Capital Gains, Clean Energy, Clean Tech

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Elie Roth

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

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Sébastien Roy

Bill S-285: A Canadian Contribution to the Stakeholder Governance Debate

Senator Julie Miville-Dechêne recently introduced the 21st-Century Business Act (Bill S-285), a Senate public bill that proposes substantive amendments to the Canada Business Corporations Act (CBCA). The legislative proposal…more

Board of Directors, Business Corporation Act, Canada, CBCA, Child Labor

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Stephen Ruby

Canada's Top Court Decides Against Equitable Rescission in Collins Family Trust

“Equity has no place here,” held the Supreme Court of Canada in its 8-1 decision in Canada (Attorney General) v Collins Family Trust (Collins), 2022 SCC 26, on June 17. Reversing the decisions of the British Columbia courts…more

Business Assets, Canada Revenue Agency (CRA), Creditors, Dividends, Equity

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Rhonda Rudick

Highlights of Canada’s Latest Legislative Tax Proposals

The Department of Finance recently released a package of materials containing potential changes to the Canadian tax system (Tax Proposals). The materials, released on August 9, 2022, include draft amendments to the Income Tax…more

Canada, Department of Finance, Disclosure Requirements, Financial Institutions, Foreign Subsidiaries

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Franziska Ruf

Bill S-285: A Canadian Contribution to the Stakeholder Governance Debate

Senator Julie Miville-Dechêne recently introduced the 21st-Century Business Act (Bill S-285), a Senate public bill that proposes substantive amendments to the Canada Business Corporations Act (CBCA). The legislative proposal…more

Board of Directors, Business Corporation Act, Canada, CBCA, Child Labor

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Robin Schwill

2023 Business Insolvencies in Canada

As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity. In this issue, we perform a comparative review of business insolvencies from 2023,…more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Trustees, Canada, CCAA, Commercial Bankruptcy

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Brett Seifred

Governance Insights: 10 Trends that GCs and Boards Need to Know

The latest edition of Davies’ Governance Insights is now available. In this issue, we explore 10 important trends that will help general counsel and boards navigate the year ahead. In order to help you with your strategic and…more

Activist, Artificial Intelligence, Canada, Canada Revenue Agency (CRA), Canadian Securities Administration

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Nir Servatka

Preparing for the Corporate Transparency Act

The beneficial ownership reporting requirements under the U.S. Corporate Transparency Act (the CTA) will go into effect on January 1, 2024. All entities formed or registered to do business in a U.S. state,1 other than certain…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Matthew Sherman

Governance Insights: Trends and Developments in Diversity

Davies Governance Insights analyzes the top trends and issues most important to Canadian public companies and provides practical guidance for boards to meet these challenges head on. In the 2020 edition of Davies Governance…more

CBCA, Corporate Governance, Directors, Diversity, Diversity and Inclusion Standards (D&I)

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Ghaith Sibai

Guide to Shareholder Activism and Proxy Contests in Canada

Davies’ Shareholder Activism and Proxy Contests in Canada guide draws on our market-leading expertise to offer our insights on the principal legal and practical considerations for both activists and target companies, as well as…more

Advance Notice, Antitrust Litigation, Beneficial Owner, Classified Information, Compensation Agreements

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Zachary Silver

Federal Impact Assessment: Legislative Amendments and Cabinet Directive

The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as…more

Canada, Constitutional Challenges, Federal Jurisdiction, Greenhouse Gas Emissions, Impact Assessments

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Gillian Stacey

First OPC Ruling for 2023 Will Impact Third-Party Processor Contracts

The Office of the Privacy Commissioner of Canada (OPC) recently released findings stemming from a customer complaint that Home Depot of Canada (Home Depot) had violated the Personal Information Protection and Electronic…more

Advertising, Data Controller, Disclosure, Facebook, Home Depot

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Teraleigh Stevenson

Canadian Competition Law Trends for 2023: Significant Amendments and More Change Ahead

Significant amendments to Canada’s Competition Act (Act) dominated discussion about Canadian competition law policy and enforcement in 2022. Given the full implementation of the first round of amendments and the formal…more

Abuse of Dominance, Canada, Cartels, Competition Act, Corporate Counsel

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Mathieu Taschereau

Guide to Shareholder Activism and Proxy Contests in Canada

Davies’ Shareholder Activism and Proxy Contests in Canada guide draws on our market-leading expertise to offer our insights on the principal legal and practical considerations for both activists and target companies, as well as…more

Advance Notice, Antitrust Litigation, Beneficial Owner, Classified Information, Compensation Agreements

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Luca Teolis

Court of Québec Orders the Exclusion of Evidence Citing “Serious” and “Systemic” Breaches of the Canadian Charter of Rights and Freedoms

In the Bouchard case rendered in July 2023, many years after the Supreme Court of Canada rendered the Jarvis decision, the Court of Québec concluded that the fundamental rights of medical specialists (i) against…more

Audits, Charter of Fundamental Rights, Health Clinics, Health Insurance, Inspections

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Charles Tingley

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including banning…more

Abuse of Dominance, Anti-Competitive, Canada, Commercial Leases, Competition

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Caroline Tolton

Is Canada Pulling the Plug on Chinese Electric Vehicles?

The Canadian government has prioritized the promotion of the domestic electric vehicle (EV) industry, with the objective of establishing Canada as a leader in the global end-to-end EV supply chain. This effort includes providing…more

Canada, China, Electric Vehicles, Incentives, Supply Chain

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James Trougakos

New Rules and Reporting Requirements Coming for the Real Estate Sector

As 2022 comes to a close, we draw your attention to certain new and proposed legislation that the Canadian federal government has introduced and that will have important implications for Canadian residential real estate and the…more

EBITDA, Lawful Permanent Residents, Real Estate Market, Residential Property Owners, Residential Real Estate Market

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Marie-Emmanuelle Vaillancourt

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed…more

Canada, Capital Gains, Clean Energy, Debt Forgiveness, Employee-Ownership

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Justin Vineberg

Overhaul of Québec Legislation Concerning Publicity Contests

Québec recently repealed the province’s strict regulations concerning contests open to Québec participants by amending the Act respecting lotteries, publicity contests, and amusement machines (Act) and by abolishing the Rules…more

Advertising, Contests & Promotions, Criminal Code, Market Participants, Sponsors

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Paul Watkins

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses

The United States Federal Trade Commission (FTC) recently issued a proposed rule that, if adopted, would broadly prohibit employers from entering into post-employment non-compete agreements with workers, and would also require…more

Comment Period, Employment Contract, Federal Register, Federal Trade Commission (FTC), Non-Compete Agreements

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Eric White

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the draft…more

Business Transfer Agreements, Canada, Capital Gains, Clean Energy, Clean Tech

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David Wilson

Kraft (Re): Tips from Ontario’s Capital Markets Tribunal—When Is Selective Disclosure in the “Necessary Course of Business”

In a first for Canadian securities laws, on October 20, 2023 Ontario’s Capital Markets Tribunal (Tribunal) released substantive guidance on the meaning of the “necessary course of business” (NCOB) exception to the prohibition…more

Burden of Proof, Capital Markets, CEOs, CFOs, Disclosure

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Alyssa Wiseman

CSA Introduces a Streamlined Shelf Prospectus Regime for “Well-Known Seasoned Issuers”

The Canadian Securities Administrators (CSA) recently announced that each of its members has adopted a blanket order (collectively, Blanket Orders) to make available to “well-known seasoned issuers” (WKSIs) a streamlined shelf…more

Canada, Canadian Securities Administration, Capital Markets, Securities Regulation, Shelf Registration

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Ryan Wolfe

Federal Budget 2023 – Major Changes for Business and High Net Worth Individuals

On March 28, 2023 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2023). Budget 2023 does not change the corporate…more

Alternative Minimum Tax, Employee-Ownership, Family Businesses, Federal Budget, GAAR

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Cadie Yiu

Federal Budget 2022: Tax Highlights

On April 7, 2022 (Budget Day), the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2022), the second budget since the start of the…more

Business Transfer Agreements, Canada, Capital Gains Tax, Carbon Capture and Sequestration, Coronavirus/COVID-19

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