Stikeman Elliott LLP

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5300 Commerce Court West
199 Bay Street
Toronto, ON M5L 1B9, Canada
Phone: (416) 869-5500
Fax: (416) 947-0866
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • New York
Other Countries
  • Australia
  • Canada
  • United Kingdom
Number of Attorneys
400+ Attorneys

Canada Launches Greenhouse Gas Offset Credit System

On June 8, 2022, the Federal Government launched Canada’s Greenhouse Gas Offset Credit System (the “Federal GHG Offset System”), with the publication of the Canadian Greenhouse Gas Offset Credit System Regulations (the…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Greenhouse Gas Emissions, Offsets

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The Future is Here: Government of Canada Launches Consultations on the Future of Competition Policy in Canada

On November 17, 2022 the Minister of Industry, Science and Innovation, François-Philippe Champagne released a long-awaited discussion paper on the future of competition policy in Canada. The paper outlines five key areas of…more

Antitrust Provisions, Canada, Competition, Fraudulent Marketing, Merger Controls

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TSX Amends Pricing Rules for Prospectus Offerings

On April 20, 2023, the Toronto Stock Exchange (“TSX”) adopted amendments (“Amendments”) to Section 606 – Prospectus Offerings of the TSX Company Manual (“the Manual”). Among other things, the Amendments provide greater clarity…more

Canada, Capital Markets, Private Placements, Prospectus, Securities Regulation

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Ten Key Considerations for Growth Equity Investments in Canada: Part 3

As growth equity investment strategies gain prominence in global private equity fundraising and institutional capital allocation, we have seen an increase in this type of investment in Canadian companies, particularly by U.S…more

Canada, Equity Investors, Foreign Investment, Investment, Merger Reviews

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Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as fees…more

Administrative Agencies, Canada, Canadian Intellectual Property Office (CIPO), Copyright, Corporate Counsel

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OSC and AMF Assess Independent Review Committees for Investment Funds

The Ontario Securities Commission (“OSC”) and the Autorité des marchés financiers (“AMF”, and together with the OSC, the “Regulators”) recently completed a continuous disclosure review (the “CD Review”) related to independent…more

Canada, Compliance, Investment Funds, Investment Management, Ontario Securities Commission (OSC)

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Majority of Supreme Court Finds Federal Impact Assessment Act Largely Unconstitutional

On October 13, 2023, the Supreme Court of Canada (“SCC”) released Reference re Impact Assessment Act,2023 SCC 23 (“SCC Reference”), in which the majority found a large portion of the federal Impact Assessment Act, SC 2019, c…more

Canada, Constitutional Challenges, Energy Projects, Federal Jurisdiction, Impact Assessments

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New GST/HST Notice on Services Provided by Insurance Intermediaries

In July 2023, the Canada Revenue Agency (“CRA”) released GST/HST Notice 325 (the “Notice”) with respect to services provided by certain insurance intermediaries. The Notice essentially makes official the 180-degree turn the CRA…more

Canada, Canada Revenue Agency (CRA), Future Tax Treatment, Goods or Services, GST

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Arbitration Agreements May Be “Inoperative” In Face of Insolvency Proceedings, Supreme Court of Canada Holds

On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”), which addresses the interaction between insolvency…more

Arbitration, Arbitration Agreements, Canada, Commercial Bankruptcy, Commercial Contracts

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Attention Mining Industry - Now is your Chance to Help Shape Canadian Mineral Project Disclosure Requirements and Modernize NI 43-101

Mineral project disclosure requirements are being reviewed by the Canadian Securities Administrators (CSA) with an eye to providing investors with more relevant disclosure, and to continue to foster fair and efficient capital…more

Canada, Canadian Securities Administration, Comment Period, Disclosure Requirements, Investment

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I’m Listening: BC Appeal Court Confirms that Secretly Recording Colleagues Constitutes Just Cause

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause…more

Canada, Confidential Information, Employees, Employment Litigation, Evidence

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TSX Requests Comments on Proposed Amendments to Section 606 of the Company Manual

On December 1, 2022, the Toronto Stock Exchange (TSX) published for comment certain proposed amendments (the Proposed Amendments) to Section 606 – Prospectus Offerings of the TSX Company Manual (the Manual). The Proposed…more

Canada, Capital Markets, Comment Period, Offerings, Private Placements

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Eternal Sunshine of the Stock-less Mind: The Judicial Saga on Treatment of Equity-Based Incentives upon Termination of Employment

What is the appropriate treatment under Quebec law of the equity-based incentives of an employee, upon termination of their employment without cause (serious reason)? Twenty years of case law suggest the question is all but…more

Canada, Contract Terms, Employee Benefits, Employer Responsibilities, Equity

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Shareholder Activism and Shareholders’ Rights in Canadian Private and Public Companies: An Overview

A Q&A guide to the use of shareholder activism in Canada. The Q&A gives a high-level overview of the use and goals of shareholder activism, the regulation of shareholder activism, and the strategies and tools used by…more

Board of Directors, Canada, Corporate Governance, Shareholder Activism, Shareholder Rights

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Canada Introduces New Pandemic Support for Commercial Tenants, Focusing on Tourism, Hospitality and Other Hard-Hit Businesses

On December 17, 2021, Bill C-2, federal legislation that creates two new rent support programs, became law. As their names suggest, the Tourism and Hospitality Recovery Program (THRP) and the Hardest-Hit Business Recovery…more

Canada, Coronavirus/COVID-19, Critical Infrastructure Sectors, Financial Distress, Hospitality Industry

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Ontario Government Directs IESO to Expedite Procurement of 4,000 MW of Capacity from Natural Gas, Storage and Other Supply Resources

On October 6, 2022, Ontario’s Minister of Energy (the “Minister”) issued order 1348/2022 (the “Directive”) requiring the Independent Electricity System Operator (“IESO”) to procure approximately 4,000 MW of capacity from a range…more

Canada, Electric Generation Suppliers, Energy Reform, Energy Storage, ISOs

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CSA Propose Amendments to Shelf Prospectus Regime for WKSIs

On September 21, 2023, the Canadian Securities Administrators (“CSA”) announced proposed amendments to National Instrument 44-102 Shelf Distributions (“NI 44-102”) relating to well-known seasoned issuers ("WKSIs")as well as…more

Canada, Canadian Securities Administration, Financial Markets, Proposed Amendments, Prospectus

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British Columbia Court of Appeal Says Shotgun Offer Can’t Be Revoked

Be careful before you pull the trigger – this is the main takeaway from the recent decision of Blackmore Management Inc. v. Carmanah Management Corporation, in which the British Columbia Court of Appeal (BCCA) concluded that an…more

Appeals, Canada, Corporate Sales Transactions, Shareholders' Agreements

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OSFI Releases Finalized Integrity and Security Guideline

On January 31, 2024, OSFI released its finalized Integrity and Security Guideline (“Guideline”). The Guideline is a result of the extension of OSFI’s mandate, as of January 1, 2024, to include the oversight of integrity and…more

Canada, Corporate Culture, Corporate Governance, Financial Institutions, FRFI

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CITT Reverses CBSA’s Imposition of Anti-Dumping Duties on Goods Transshipped through a U.S. Foreign Trade Zone

In the Sucro Can Sourcing LLC (“Sucro Can”) decision issued on January 5, 2024 (Appeal EA-2022-002), the Canadian International Trade Tribunal (“CITT”) allowed Sucro Can’s appeal of the enforcement action taken by the Canada…more

Anti-Dumping Duty, Appeals, Canada, Canadian International Trade Tribunal (CITT), CBSA

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Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as fees…more

Administrative Agencies, Canada, Canadian Intellectual Property Office (CIPO), Copyright, Corporate Counsel

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International Comparative Legal Guide – Alternative Investment Funds 2023: Canada

1 Regulatory Framework - 1.1 What legislation governs the establishment and operation of Alternative Investment Funds? In Canada, the term “alternative investment fund” or AIF is not a term of art. Canadian securities…more

Alternative Investment Funds, Closed-End Funds, Investment, Investment Funds, Investment Opportunities

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Bill 96 in Effect as of June 1st, 2022: What Québec Employers Need to Know

This post is a follow-up to two initiatives taken by our Employment and Labour Group regarding Bill 96, as well as the post published by our firm regarding the business impacts of Bill 96…more

Canada, Employer Liability Issues, French Language Requirements, International Labor Laws, Labor Reform

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CBCA Corporations to Begin Submitting Transparency Registers to the Government: Public Access to Follow

Canada’s federal beneficial ownership transparency requirements are changing again. Beginning January 22, 2024, federal corporations will be required to provide certain information from their registers of individuals with…more

Beneficial Owner, Canada, CBCA, Corporate Governance, Regulatory Requirements

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Public Safety Canada Updates Guidance on Forced and Child Labour Reporting

On March 5, 2024, Public Safety Canada made changes to the guidance on reporting requirements (“Guidance”) under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (“the Act”) revising its…more

Canada, Child Labor, Forced Labor, Regulatory Requirements, Reporting Requirements

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Government of Ontario Proposes Suite of Changes to Land Use Planning and Development

On April 10, 2024, Ontario’s Minister of Municipal Affairs and Housing introduced Bill 185, the Cutting Red Tape to Build More Homes Act, 2024. The bill proposes significant reforms to Ontario’s Planning Act, the Municipal Act,…more

Canada, Community Development, Construction Industry, Construction Project, Infrastructure

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OSC and AMF Assess Independent Review Committees for Investment Funds

The Ontario Securities Commission (“OSC”) and the Autorité des marchés financiers (“AMF”, and together with the OSC, the “Regulators”) recently completed a continuous disclosure review (the “CD Review”) related to independent…more

Canada, Compliance, Investment Funds, Investment Management, Ontario Securities Commission (OSC)

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Foreign Direct Investment Regimes 2023: Canada

Foreign Investment Policy - 1.1 - What is the national policy with regard to the review of foreign investments (including transactions) on national security and public order grounds? The review of foreign investments in…more

Canada, Critical Infrastructure Sectors, Foreign Acquisitions, Foreign Direct Investment, Foreign Investment

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Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class…more

Arbitration, Arbitration Agreements, Canada, Class Action, Dismissals

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Credit Card Rewards Program Expenses: Tax Court of Canada Doesn’t Buy $13.97 Million GST/HST Input Tax Credit Claim

On June 27, 2023, the Tax Court of Canada (“TCC”) dismissed the appeal of a Schedule II bank (the “Bank”) regarding its entitlement to input tax credits (“ITCs”) for GST/HST payable on expenses incurred in connection with the…more

Banks, Canada, Credit Cards, Financial Services Industry, GST

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Environmental, Social & Governance Law 2024 Canada

1 Setting the Scene – Sources and Overview - 1.1 What are the main substantive ESG-related regulations? There are a variety of environmental, social and governance (“ESG”)-related regulations applicable to federally and…more

Business Strategies, Canada, Climate Change, Corporate Governance, Corporate Social Responsibility

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Public Safety Canada Updates Guidance on Forced and Child Labour Reporting

On March 5, 2024, Public Safety Canada made changes to the guidance on reporting requirements (“Guidance”) under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (“the Act”) revising its…more

Canada, Child Labor, Forced Labor, Regulatory Requirements, Reporting Requirements

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Practical Law: International Secondments into and out from Canada

An international secondment takes place when an employee (or group of employees) is temporarily assigned to work for a different part of their employer or employer's group in another jurisdiction or for a different organisation…more

Canada, Employees, Employment Terms, International Labor Laws, Secondments

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CSA Propose Amendments to Rules for Public Crypto Asset Funds

The Canadian Securities Administrators (“CSA”) recently published proposed amendments to National Instrument 81-102 Investment Funds (“NI 81-102”) and changes to its companion policy (the “Proposed Amendments”) relating to…more

Canada, Canadian Securities Administration, Cryptoassets, Investment, Investment Funds

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Alberta Carbon Capture Incentive Program and Federal CCUS Investment Tax Credit – Two Green Lights for Carbon Capture in Alberta

On November 28, 2023, the Alberta government introduced the Alberta Carbon Capture Incentive Program (“ACCIP”), a new grant offered by the provincial government to incentivize carbon capture, utilization, and storage (“CCUS”)…more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Climate Action Plan, Climate Change

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Who Should Pay? Ontario Court of Appeal Provides Needed Guidance on Allocation of Defence Costs Among Insurers for Class Actions Spanning Decades

In Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, the Ontario Court of Appeal, among other things, overturned the lower court’s finding that insureds were entitled to seek 100% of…more

Appeals, Canada, Class Action, Defense Costs, Duty to Defend

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Alberta Carbon Capture Incentive Program and Federal CCUS Investment Tax Credit – Two Green Lights for Carbon Capture in Alberta

On November 28, 2023, the Alberta government introduced the Alberta Carbon Capture Incentive Program (“ACCIP”), a new grant offered by the provincial government to incentivize carbon capture, utilization, and storage (“CCUS”)…more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Climate Action Plan, Climate Change

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Employee Ownership Trusts: Full Steam Ahead After Government’s Fall Economic Statement

On November 21, 2023, the Government of Canada released its Fall Economic Statement. Among the measures included in the statement are improved tax incentives for Employee Ownership Trusts (“EOTs”)…more

Canada, Capital Gains, International Tax Issues, Selling a Business, Tax Rates

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Protecting Employees From Violence in the Workplace: an Obligation with Uncertain Ramifications

Since the adoption of Bill 59 on September 30, 2021, the Act respecting Occupational Health and Safety (the “Act”) provides, in section 51(16), that employers must “take the measures to ensure the protection of a worker exposed…more

Canada, Employees, Employer Liability Issues, International Labor Laws, Policies and Procedures

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Glass Lewis Releases 2022 Voting Policies: Key Updates to ESG, Diversity and General Board Composition

Environment, social and governance (ESG) and gender diversity remain in focus as Glass Lewis publishes Proxy Voting Guidelines for 2022; board composition, share structure and incentive awards also addressed, among others…more

Canada, Corporate Governance, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Glass Lewis

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Canada Introduces New Pandemic Support for Commercial Tenants, Focusing on Tourism, Hospitality and Other Hard-Hit Businesses

On December 17, 2021, Bill C-2, federal legislation that creates two new rent support programs, became law. As their names suggest, the Tourism and Hospitality Recovery Program (THRP) and the Hardest-Hit Business Recovery…more

Canada, Coronavirus/COVID-19, Critical Infrastructure Sectors, Financial Distress, Hospitality Industry

See all updates »

Temporary Relief Will Provide Well-Known Seasoned Issuers (WKSIs) with Accelerated Access to Public Markets

Beginning in 2022, well-known seasoned issuers (WKSIs) will be exempt from certain base shelf prospectus filing requirements, including the requirement to file a preliminary base shelf prospectus, in accordance with…more

Canada, Canadian Securities Administration, Exemptions, Filing Requirements, Financial Markets

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Recent Judicial Decisions Of Interest To Energy Lawyers

The second year of the COVID-19 pandemic continued to impact the Canadian economy, commercial activity, and the legal system in general. Courts, tribunals, legislatures, law firms, corporations, and workers all learned to adapt…more

Canada, Climate Change, Energy Policy, Energy Projects, Environmental Policies

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Canada’s 2023 Fall Economic Statement

On November 21, 2023, the Canadian Department of Finance (“Finance”) released its 2023 Fall Economic Statement (“FES 2023”). The focus of FES 2023 was on affordability measures, particularly with respect to housing. New spending…more

Canada, Capital Gains, Clean Energy, Consumer Financial Products, Department of Finance

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CBCA Corporations to Begin Submitting Transparency Registers to the Government: Public Access to Follow

Canada’s federal beneficial ownership transparency requirements are changing again. Beginning January 22, 2024, federal corporations will be required to provide certain information from their registers of individuals with…more

Beneficial Owner, Canada, CBCA, Corporate Governance, Regulatory Requirements

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Ontario Court Approves of Use of Reverse Vesting Transactions and Provides Guidance for Future Transactions

The Ontario Superior Court of Justice (Commercial List) (the “Court”) in Re Harte Gold Corp., issued its first published decision on the use of reverse vesting orders (“RVOs”) finding that the Companies’ Creditors Arrangement…more

Canada, Corporate Sales Transactions, Creditor Protection, Insolvency, Restructuring

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Practical Law: Commercial Real Estate in Canada

Common Entity Types - Legal persons (such as corporations) and natural persons can generally hold rights over real property in Canada. Investment in real estate can be made through direct ownership by an individual or…more

Canada, Commercial Leases, Commercial Real Estate Contracts, Property Ownership, Real Estate Investments

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Québec’s Unique Pension and Benefits Law Requirements for Employers: Two Illustrations

When engaging employees (or acquiring a business that engages employees) in the Canadian province of Québec, employers and prospective employers should note two unique pension and benefit law requirements, which are absent in…more

Canada, Employee Benefits, International Labor Laws, Pensions, Retirement

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Privacy Authorities Press Platforms to Protect Publicly Posted Personal Information

The Privacy Commissioner of Canada and other international data protection authorities recently issued a joint statement urging websites and social media platforms to do more to protect personal information from unlawful data…more

Canada, Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Important Amendments to Regulations under the Prohibition on the Purchase of Residential Property by Non-Canadians Act

On March 27, 2023, the Federal Government of Canada announced Regulations Amending the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (together “the Amended Regulations”) which come into force…more

Canada, Commercial Real Estate Contracts, Foreign Investment, New Legislation, Property Ownership

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Quebec Language Requirements in the Workplace

Since 1977, the Charter of the French Language, CQLR, c. C-11 (CFL) provides that French is the official language in the province of Québec and protects the linguistic rights of Québec citizens. Originally Published by…more

Canada, Employer Liability Issues, French Language Requirements, International Labor Laws, Labor Reform

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Passage of Bill C-34: An Overhaul of Canada’s Foreign Direct Investment Regime

With the passage through Parliament of Bill C-34 on March 22, 2024, long contemplated changes to Canada’s foreign investment review regime are set to dramatically overhaul Canada’s FDI framework…more

Canada, Critical Infrastructure Sectors, Foreign Acquisitions, Foreign Direct Investment, Foreign Investment

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Recent Judicial Decisions Of Interest To Energy Lawyers

The second year of the COVID-19 pandemic continued to impact the Canadian economy, commercial activity, and the legal system in general. Courts, tribunals, legislatures, law firms, corporations, and workers all learned to adapt…more

Canada, Climate Change, Energy Policy, Energy Projects, Environmental Policies

See all updates »

Passage of Bill C-34: An Overhaul of Canada’s Foreign Direct Investment Regime

With the passage through Parliament of Bill C-34 on March 22, 2024, long contemplated changes to Canada’s foreign investment review regime are set to dramatically overhaul Canada’s FDI framework…more

Canada, Critical Infrastructure Sectors, Foreign Acquisitions, Foreign Direct Investment, Foreign Investment

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Québec’s Unique Pension and Benefits Law Requirements for Employers: Two Illustrations

When engaging employees (or acquiring a business that engages employees) in the Canadian province of Québec, employers and prospective employers should note two unique pension and benefit law requirements, which are absent in…more

Canada, Employee Benefits, International Labor Laws, Pensions, Retirement

See all updates »

End-of-Year Encore: Two Misleading Online Advertising Consent Agreements to Finish 2023

In the final months of 2023, the Commissioner made it clear that misleading online advertising continues to be a focus of enforcement for the Competition Bureau, registering two consent agreements with the Competition Tribunal…more

Advertising, Canada, Competition, Competition Act, Consent Agreements

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Bill 59: Act to Modernize the Occupational Health and Safety Regime Amendments in Effect Since October 6, 2022

Bill 59, the Act to modernize the occupational health and safety regime, was adopted on September 30, 2021 by the Quebec National Assembly and sanctioned on October 6, 2021. It is the most important modernization process of…more

Canada, Employees, Employer Liability Issues, Health and Safety, International Labor Laws

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Case Law Update: Age-Based Distinction in Long-Term Disability Benefit Plan Justified under Section 1 of the Charter

In Rayonier v. Unifor, Locals 256 and 89 (the “Decision”) the long-term disability (“LTD”) coverage provided by Rayonier (the “Employer”) under the parties’ collective agreement was challenged by Unifor, Locals 256 and 89 (the…more

Age Discrimination, Canada, Collective Bargaining Agreements (CBA), Elder Issues, Eligibility Determination

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Legislative, Procurement and Governmental Updates Signal that British Columbia is Ripe for Renewable Energy Development

Recent legislative, procurement and governmental updates, including BC Hydro’s upcoming Call for Power and updates to the BC Clean Energy Act will create increased opportunities for renewable energy development in the province…more

Canada, Clean Energy, Climate Action Plan, Climate Change, Energy Projects

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2023 Fall Economic Statement: Clean Economy Measures

On November 21, 2023, the Department of Finance of Canada released its Fall Economic Statement (the “Economic Statement”). The Economic Statement proposes updates to certain measures to grow Canada’s clean economy previously…more

Canada, Clean Energy, Department of Finance, Green Infrastructure, Investment Tax Credits

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An Accident While Working From Home Can Still Cause an Occupational Injury

Since the beginning of the pandemic caused by COVID-19, remote work has become the norm for many companies. However, even when work is performed at the worker's home, the worker can still file a claim with Quebec’s workers’…more

Appeals, Canada, Coronavirus/COVID-19, Employees, Employer Liability Issues

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Powering-down Use of Registered Trademarks in Comparative Advertising

Section 22 of the Canadian Trademarks Act prohibits the use of a registered trademark “in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto”…more

Canada, Comparative Advertising, Competition Act, False Advertising, Intellectual Property Protection

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Limitation Periods and the Environmental Protection and Enhancement Act

The Alberta Court of Queen’s Bench (the “Court”) has added to the relatively sparse case law on whether an extension to a limitation period will be granted under section 218 of the Environmental Protection and Enhancement Act,…more

Canada, Environmental Claims, Environmental Policies, Oil & Gas, Pollution Control

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Bill S-211 in Context: Five Ways That Canada Regulates Forced and Child Labour

Bill S-211 – the Fighting Against Forced Labour and Child Labour in Supply Chains Act – which requires businesses to report on their efforts to combat forced and child labour, is set to take effect in 2024. In this post, which…more

Canada, Child Labor, Corporate Social Responsibility, Critical Infrastructure Sectors, Forced Labor

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CSA Welcomes New Capital Raising Prospectus Exemption for Listed Issuers

Seasoned reporting issuers with equity securities listed on a Canadian stock exchange will have the ability to raise capital (up to the greater of $5 million and 10% of their market capitalization (to a maximum of $10 million))…more

Canada, Canadian Securities Administration, Capital Raising, Financial Markets, Prospectus

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CSSB Releases Proposed Canadian Sustainability Disclosure Standards

On March 13, 2024, the Canadian Sustainability Standards Board (“CSSB”) released proposed Canadian sustainability disclosure standards (the “CSSB Standards”) that are modelled after the sustainability disclosure standards…more

Canada, Canadian Securities Administration, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

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Environmental, Social & Governance Law 2024 Canada

1 Setting the Scene – Sources and Overview - 1.1 What are the main substantive ESG-related regulations? There are a variety of environmental, social and governance (“ESG”)-related regulations applicable to federally and…more

Business Strategies, Canada, Climate Change, Corporate Governance, Corporate Social Responsibility

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Ottawa Issues Emergencies Act Proclamation, Order and Regulations, Citing Blockades at Various Locations in Canada

Executive Summary - The steps that the Canadian government has recently taken under the Emergencies Act in relation to blockades that are stated to be occurring in places throughout Canada pose significant compliance…more

Canada, Crowdfunding, Financial Services Industry, Money Services Business, New Guidance

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Legislative, Procurement and Governmental Updates Signal that British Columbia is Ripe for Renewable Energy Development

Recent legislative, procurement and governmental updates, including BC Hydro’s upcoming Call for Power and updates to the BC Clean Energy Act will create increased opportunities for renewable energy development in the province…more

Canada, Clean Energy, Climate Action Plan, Climate Change, Energy Projects

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CSA Publish Derivatives Data Reporting Transition Guidance

Amendments to swap data reporting rules are expected to be implemented by the Commodity Futures Trading Commission (CFTC) in December 2022. The Canadian Securities Administrators (CSA) have issued guidance to market participants…more

Canada, Canadian Securities Administration, CFTC, Committee on Payments and Market Infrastructure (CPMI), Derivatives

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Ontario’s Top Court Affirms Evidentiary Principles on Motions for Leave to Commence a Secondary Market Misrepresentation Action

In Drywall Acoustic Lathing and Insulation (Pension Fund, Local 675) v. Barrick Gold Corporation, 2024 ONCA 105, the Ontario Court of Appeal affirmed the lower court’s decision denying in part the motion for leave to commence a…more

Canada, Class Action, Financial Markets, Misrepresentation, Ontario

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An Oppressive Outcome: Alberta Court Finds Directors Responsible for Severance Obligations

The recent decision of the Alberta Court of Queen’s Bench, Wisser v CEM International Management Consultants Ltd., 2022 ABQB 414, determined that the oppression remedy under the Alberta Business Corporations Act (“ABCA”), could…more

Adverse Employment Action, Canada, Contract Terms, Damages, Employees

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CSA Announce Final Amendments to Implement an “Access Equals Delivery” Model for Prospectuses of Non-Investment Fund Reporting Issuers

On January 11, 2024, the Canadian Securities Administrators (“CSA”) announced final amendments and changes to implement an "access equals delivery" model for prospectuses of non-investment fund reporting issuers (the “Access…more

Canada, Canadian Securities Administration, Capital Markets, Corporate Issuers, Financial Statements

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Choose Your Words Carefully: Three Recent Earnout Cases Under Delaware Law

When the prospects of an acquired business are uncertain, an earnout can bridge the valuation gap between buyer and seller and help get the deal done. Taking this route is not without risk, however, particularly where…more

Acquisition Agreements, Breach of Contract, Buyers, Canada, Contract Terms

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Practical Law: Commercial Real Estate in Canada

Common Entity Types - Legal persons (such as corporations) and natural persons can generally hold rights over real property in Canada. Investment in real estate can be made through direct ownership by an individual or…more

Canada, Commercial Leases, Commercial Real Estate Contracts, Property Ownership, Real Estate Investments

See all updates »

Canada’s 2022 Federal Budget: Commodity Tax Measures

On April 7, 2022, the Government of Canada unveiled its 2022 federal budget (“Budget 2022”) and announced certain important commodity tax measures. Budget 2022 includes proposed amendments to past proposals, as well as some…more

Beer, Canada, Cannabis Products, Excise Tax, Federal Budget

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Corporate Finance and M&A in Québec: Finding the Bright Spots in a Challenging Year

In 2023, private equity, mergers and acquisitions and venture capital financings have experienced a slowdown across Canada, on the heels of a historically strong year in 2022. In this post we look specifically at the province of…more

Acquisition Agreements, Canada, Capital Investments, Capital Markets, Capital Raising

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Alternative Energy and Power 2022

This is the fourth release of the Chambers Global Practice Guide for Alternative Energy & Power, which was launched in 2018 amid a transformation of the global electrical energy and power industry. The factors driving change…more

Canada, Carbon Emissions, Energy Policy, Energy Reform, Infrastructure

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Québec’s Language Legislation: Be Ready for Important Changes Impacting Commercial Contracts, Trademark Usage and Government Filing Requirements

Our August 2022 post summarized the main business-related changes that Bill 96 made to the Québec Charter of the French Language (“Charter”). This post provides updates on several key issues, particularly the potential impact on…more

Canada, Contract Drafting, Contract Formation, Contract Terms, French Language Requirements

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Mergers & Acquisitions 2024 Canada

1 Relevant Authorities and Legislation - 1.1 What regulates M&A? The acquisition of a Canadian public issuer is largely regulated by, but not limited to, the following: ■ securities laws enacted by each of Canada’s…more

Acquisition Agreements, Canada, Corporate Sales Transactions, Merger Agreements

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Public Safety Canada Updates Guidance on Forced and Child Labour Reporting

On March 5, 2024, Public Safety Canada made changes to the guidance on reporting requirements (“Guidance”) under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (“the Act”) revising its…more

Canada, Child Labor, Forced Labor, Regulatory Requirements, Reporting Requirements

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The Manitok Energy Decision: Builders’ Lien Priority Rights Could Be Lost When Lands Are Subject to AER Abandonment Liability

A recent appellate decision from Alberta, Manitok Energy Inc. (Re), marks another chapter in the developing caselaw surrounding environmental obligations in insolvency proceedings. In the decision, the Alberta Court of Appeal…more

Abandonment, Appeals, Asset Management, Commercial Bankruptcy, Insolvency

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Best Practices for Verifying Eligibility to Work in Canada: Key Takeaways from Imperial Oil Limited v. Haseeb

In Ontario, an employer is prohibited from unlawfully discriminating against a person in respect of employment, including at the recruitment phase, due to grounds protected under the Ontario Human Rights Code (the “Code”). These…more

Canada, Citizenship, Employer Liability Issues, Employment Discrimination, Employment Eligibility Verification

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Planning for Canada’s New Suspensory FDI Framework – Timing and Tactics for an Uncertain Transition

For more than a year, Canada’s foreign investment review regime has been on the cusp of a dramatic expansion that will supercharge foreign investors’ obligations to obtain pre-closing national security non-objection or approval…more

Canada, Critical Infrastructure Sectors, Foreign Direct Investment, Foreign Investment, Investment Canada Act

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Ontario’s Latest COVID-19 Restrictions: Employees Required to Work From Home Again

At 12:01am on January 5, 2022, Ontario will implement additional COVID-19 public health measures. These restrictions include the closure of certain businesses, capacity limit reductions, and a requirement that employees work…more

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

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No Time (Limit) for Overtime: Alberta Court Expands Lookback Period for Statutory Overtime

The Ruling in Scheffler v Mourits Trucking Ltd. Employees who advance civil claims for unpaid overtime with the Alberta Courts may no longer confined to the six-month period immediately preceding the date of the claim (as…more

Canada, Employees, Employer Liability Issues, Employment Litigation, International Labor Laws

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Deadlines and Extensions of Time Reduced at the Trademarks Opposition Board as of December 1, 2023

The Canadian Intellectual Property Office has announced that as of December 1, 2023, updates to the Practice Notices for trademark opposition proceedings and section 45 (non-use cancellation) proceedings will come into effect…more

Canada, Deadlines, Intellectual Property Protection, Time Extensions, Trademark Infringement

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Canada Releases its New 2030 Emissions Reduction Plan

On March 29, 2022, the Minister of Environment and Climate Change, supported by Prime Minister Justin Trudeau, tabled Canada’s new 2030 Emissions Reduction Plan (the “Plan”). The Plan describes the existing and new measures that…more

Air Pollution, Canada, Carbon Emissions, Clean Energy, Climate Action Plan

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Mining Law: Canada Capital Markets: Canada

I am pleased to have participated in the preparation of the eleventh edition of The Mining Law Review. The Review is designed to be a practical, business-focused ‘year in review’ analysis of recent changes, developments and…more

Antitrust Provisions, Canada, Capital Markets, Corporate Finance, Foreign Investment

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Mergers & Acquisitions 2024 Canada

1 Relevant Authorities and Legislation - 1.1 What regulates M&A? The acquisition of a Canadian public issuer is largely regulated by, but not limited to, the following: ■ securities laws enacted by each of Canada’s…more

Acquisition Agreements, Canada, Corporate Sales Transactions, Merger Agreements

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Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties while…more

Artificial Impairment, Canada, Drug & Alcohol Abuse, Employees, Employer Liability Issues

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Private Equity in Canada: Market and Regulatory Overview

A Q&A guide to private equity law in Canada. The Q&A gives a high level overview of the key practical issues including the level of activity and recent trends in the market; investment incentives for institutional and…more

Canada, Capital Markets, Investment, Investors, Private Equity

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Pause (Lifted) on Renewable Project Approvals Part 3: AUC Module A and AUC Bulletin 2024-03

The topic of renewable energy in Alberta again recently made major headlines across the province and country. As we outlined in our earlier blogs Pause on Renewable Project Approvals Part 1 and Pause on Renewable Project…more

Canada, Energy Policy, Energy Projects, Energy Reform, Infrastructure

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Government of Ontario Proposes Suite of Changes to Land Use Planning and Development

On April 10, 2024, Ontario’s Minister of Municipal Affairs and Housing introduced Bill 185, the Cutting Red Tape to Build More Homes Act, 2024. The bill proposes significant reforms to Ontario’s Planning Act, the Municipal Act,…more

Canada, Community Development, Construction Industry, Construction Project, Infrastructure

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2024 Federal Budget: Sales and Excise Tax Measures

On April 16, 2024 (“Budget Day”), the federal government released its annual budget (“Budget 2024”), which includes certain sales and excise tax measures and also confirms the government’s intention to proceed with several other…more

Budgets, Canada, Educational Institutions, Excise Tax, First Nations

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Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties while…more

Artificial Impairment, Canada, Drug & Alcohol Abuse, Employees, Employer Liability Issues

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Québec Announces a New Call for Tenders for Wind Energy Supplies After Postponing Previous Ones

On December 19, 2022, Pierre Fitzgibbon, Minister of Economy, Innovation and Energy, announced that the calls for tenders for a 1,000-megawatt block of wind energy and a 1,300-megawatt block of renewable energy, which were…more

Canada, Electricity, Energy Policy, Energy Projects, Energy Reform

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Planning for Canada’s New Suspensory FDI Framework – Timing and Tactics for an Uncertain Transition

For more than a year, Canada’s foreign investment review regime has been on the cusp of a dramatic expansion that will supercharge foreign investors’ obligations to obtain pre-closing national security non-objection or approval…more

Canada, Critical Infrastructure Sectors, Foreign Direct Investment, Foreign Investment, Investment Canada Act

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Countdown to T+1: A Shorter Standard Settlement Cycle is Coming Soon

The standard settlement cycle for certain securities in Canada and the United States will be shortened from trade date plus two business days (“T+2”) to trade date plus one business day (“T+1”) in May 2024. A shorter settlement…more

Canada, Canadian Securities Administration, Capital Markets, Financial Services Industry, Investment Funds

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Private Equity in Canada: Market and Regulatory Overview

A Q&A guide to private equity law in Canada. The Q&A gives a high level overview of the key practical issues including the level of activity and recent trends in the market; investment incentives for institutional and…more

Canada, Capital Markets, Investment, Investors, Private Equity

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Canada Officially Jettisons the Hamburg Rules: Marine Liability Act Amended

After two decades of consistent recommendations by Transport Canada, it appears that the Canadian Parliament has finally given up hope of implementing the Hamburg Rules as a new liability regime for the carriage of goods by…more

Canada, Carriage Disputes, Goods or Services, Maritime Transport, Shipping

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Mergers & Acquisitions 2024 Canada

1 Relevant Authorities and Legislation - 1.1 What regulates M&A? The acquisition of a Canadian public issuer is largely regulated by, but not limited to, the following: ■ securities laws enacted by each of Canada’s…more

Acquisition Agreements, Canada, Corporate Sales Transactions, Merger Agreements

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Alberta Utilities Commission Releases Hydrogen Inquiry Report

In March 2022, after publishing a Hydrogen Roadmap in late 2021 and identifying Alberta as being well-positioned to participate in the global hydrogen economy, the Government of Alberta directed the Alberta Utilities Commission…more

Canada, Energy Policy, Hydrogen Power, Infrastructure, Natural Gas

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Majority of Supreme Court Finds Federal Impact Assessment Act Largely Unconstitutional

On October 13, 2023, the Supreme Court of Canada (“SCC”) released Reference re Impact Assessment Act,2023 SCC 23 (“SCC Reference”), in which the majority found a large portion of the federal Impact Assessment Act, SC 2019, c…more

Canada, Constitutional Challenges, Energy Projects, Federal Jurisdiction, Impact Assessments

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Fixed in Stone - Fixed Term Remains Secure Despite Invalid Termination Clause

The Ontario Superior Court of Justice recently released its decision in Kopyl v Losani Homes (not yet cited) (the “Decision”), providing insight into the enforceability of fixed terms in employment agreements in circumstances…more

Canada, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Québec’s Unique Pension and Benefits Law Requirements for Employers: Two Illustrations

When engaging employees (or acquiring a business that engages employees) in the Canadian province of Québec, employers and prospective employers should note two unique pension and benefit law requirements, which are absent in…more

Canada, Employee Benefits, International Labor Laws, Pensions, Retirement

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Blockchain & Cryptocurrency Regulation 2024: Canada

Government attitude and definition - As in many countries, the regulation of cryptocurrencies in Canada is divided among various levels of government and administrative agencies, depending on the nature of the activity…more

Blockchain, Canada, Cryptoassets, Cryptocurrency, Digital Currency

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CBCA Amendments Take Effect August 31, 2022

Amendments to the Canada Business Corporations Act (CBCA) that impose majority voting requirements, annual director terms, a prohibition on slate voting and a change to the period during which shareholders must deliver proposals…more

Business Corporation Act, Canada, CBCA, Corporate Governance, Financial Markets

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2023 Fall Economic Statement: Clean Economy Measures

On November 21, 2023, the Department of Finance of Canada released its Fall Economic Statement (the “Economic Statement”). The Economic Statement proposes updates to certain measures to grow Canada’s clean economy previously…more

Canada, Clean Energy, Department of Finance, Green Infrastructure, Investment Tax Credits

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CSA Welcomes New Capital Raising Prospectus Exemption for Listed Issuers

Seasoned reporting issuers with equity securities listed on a Canadian stock exchange will have the ability to raise capital (up to the greater of $5 million and 10% of their market capitalization (to a maximum of $10 million))…more

Canada, Canadian Securities Administration, Capital Raising, Financial Markets, Prospectus

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Cineplex Awarded $1.24 Billion in Lost Synergies from Failed Cineworld Acquisition: Company’s Pandemic Response Not Out of the “Ordinary Course”, Court Rules

In a highly anticipated decision, the Ontario Superior Court of Justice – Commercial List held that Cineworld wrongly terminated its arrangement agreement to acquire Cineplex, which was awarded substantial damages…more

Acquisition Agreements, Breach of Contract, Business Interruption, Canada, Contract Terms

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Ten Key Considerations for Growth Equity Investments in Canada: Part 3

As growth equity investment strategies gain prominence in global private equity fundraising and institutional capital allocation, we have seen an increase in this type of investment in Canadian companies, particularly by U.S…more

Canada, Equity Investors, Foreign Investment, Investment, Merger Reviews

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Ontario Court Approves of Use of Reverse Vesting Transactions and Provides Guidance for Future Transactions

The Ontario Superior Court of Justice (Commercial List) (the “Court”) in Re Harte Gold Corp., issued its first published decision on the use of reverse vesting orders (“RVOs”) finding that the Companies’ Creditors Arrangement…more

Canada, Corporate Sales Transactions, Creditor Protection, Insolvency, Restructuring

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New Service Standards for Trademarks in Effect as of January 1, 2024

The Canadian Intellectual Property Office amended its service standards for trademarks to better reflect the length of the current trademark registration process. …more

Canadian Intellectual Property Office (CIPO), Goods or Services, Intellectual Property Protection, Trademark Application, Trademark Registration

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Does Your Termination Clause Need to Comply with Statutory Group Notice Provisions?

In its recent decision, Forbes v. Glenmore Printing Ltd., 2023 BCSC 25 (“Glenmore”), the Supreme Court of British Columbia rejected an argument that a contractual termination provision was void due to its potential to breach the…more

British Columbia Supreme Court, Canada, Contract Termination, Employment Contract, Employment Standards Act

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Increased Investment Canada Act Review Thresholds Announced for 2024

The Canadian government has increased the monetary thresholds to determine whether a net benefit review of a foreign investment in Canada is required under the Investment Canada Act for 2024. All acquisitions of control of…more

Canada, Competition, Corporate Sales Transactions, Foreign Investment, Investment

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Legislative, Procurement and Governmental Updates Signal that British Columbia is Ripe for Renewable Energy Development

Recent legislative, procurement and governmental updates, including BC Hydro’s upcoming Call for Power and updates to the BC Clean Energy Act will create increased opportunities for renewable energy development in the province…more

Canada, Clean Energy, Climate Action Plan, Climate Change, Energy Projects

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Ontario Updates: Minimum Wage to Increase October 1, 2023, and Bill 79 Proposes Amendments to Employment-Related Legislation

On March 20, 2023, the Ontario government announced the introduction of Bill 79, the Working for Workers Act, 2023 (“Bill 79”). If passed, Bill 79 will make several amendments to Ontario’s employment standards and occupational…more

Canada, Employees, Employer Liability Issues, Employment Litigation, Employment Standards Act

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Québec Announces a New Call for Tenders for Wind Energy Supplies After Postponing Previous Ones

On December 19, 2022, Pierre Fitzgibbon, Minister of Economy, Innovation and Energy, announced that the calls for tenders for a 1,000-megawatt block of wind energy and a 1,300-megawatt block of renewable energy, which were…more

Canada, Electricity, Energy Policy, Energy Projects, Energy Reform

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Obtaining a Court Order to Question a Corporation’s Third-Party Service Providers is a High Bar to Meet under the Alberta Rules of Court

Alberta’s Rules of Court (the “Rules”) ensure that only parties to a litigation are allowed to be subjected to pre-trial questioning. A narrow exception for this general principle lies in Rule 5.18, which allows parties to…more

Canada, Pre-Trial Motions, Questionnaires, Rules of Court, Third-Party Service Provider

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The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the…more

Canada, Compensation & Benefits, Constructive Discharge, Employees, Employer Liability Issues

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TSX Amends Pricing Rules for Prospectus Offerings

On April 20, 2023, the Toronto Stock Exchange (“TSX”) adopted amendments (“Amendments”) to Section 606 – Prospectus Offerings of the TSX Company Manual (“the Manual”). Among other things, the Amendments provide greater clarity…more

Canada, Capital Markets, Private Placements, Prospectus, Securities Regulation

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Top 5 Misconceptions about Québec’s New Personal Information Protection Legislation (UPDATED)

With the first wave of amendments to Québec’s personal information protection legislation (“Law 25”) taking effect on September 22, 2022, we thought we would share the top 5 misconceptions we have encountered when discussing the…more

Breach Notification Rule, Canada, Cloud Storage, Consent, Cyber Incident Reporting

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Supreme Court Rejects “Jordan-izing” Administrative Proceedings and Confirms High Threshold for Stay of Proceedings in Administrative Context

In Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, the Supreme Court of Canada (“SCC” or “the Court”) considered the issue of whether lengthy disciplinary proceedings against a Saskatchewan lawyer amounted to an abuse of…more

Abuse of Process, Administrative Proceedings, Canada, Disciplinary Proceedings, Law Society

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Obtaining a Court Order to Question a Corporation’s Third-Party Service Providers is a High Bar to Meet under the Alberta Rules of Court

Alberta’s Rules of Court (the “Rules”) ensure that only parties to a litigation are allowed to be subjected to pre-trial questioning. A narrow exception for this general principle lies in Rule 5.18, which allows parties to…more

Canada, Pre-Trial Motions, Questionnaires, Rules of Court, Third-Party Service Provider

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Practical Law: Commercial Real Estate in Canada

Common Entity Types - Legal persons (such as corporations) and natural persons can generally hold rights over real property in Canada. Investment in real estate can be made through direct ownership by an individual or…more

Canada, Commercial Leases, Commercial Real Estate Contracts, Property Ownership, Real Estate Investments

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Merger Control 2022

1. Relevant Authorities and Legislation - 1.1. Who is/are the relevant merger authority(ies)? The Competition Bureau (the “Bureau”) is an independent, federal law enforcement agency responsible for the administration and…more

Canada, Competition, Competition Act, Corporate Sales Transactions, Foreign Investment

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Arbitration Agreements May Be “Inoperative” In Face of Insolvency Proceedings, Supreme Court of Canada Holds

On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”), which addresses the interaction between insolvency…more

Arbitration, Arbitration Agreements, Canada, Commercial Bankruptcy, Commercial Contracts

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“Fixing” the Term of Employment: Fixed-Term Agreement defends against Wrongful Dismissal Claim

In the recent Steele v. The Corporation of the City of Barrie, 2022 ONSC 7245 decision (“Steele”), the Ontario Superior Court of Justice provided some insight into when longer term fixed-term contracts can be enforceable…more

Canada, Contract Terms, Employer Liability Issues, Employment Contract, Employment Litigation

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Ontario’s Top Court Affirms Evidentiary Principles on Motions for Leave to Commence a Secondary Market Misrepresentation Action

In Drywall Acoustic Lathing and Insulation (Pension Fund, Local 675) v. Barrick Gold Corporation, 2024 ONCA 105, the Ontario Court of Appeal affirmed the lower court’s decision denying in part the motion for leave to commence a…more

Canada, Class Action, Financial Markets, Misrepresentation, Ontario

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Ontario Superior Court of Justice Awards Retired VP $1.8m in Damages for Incentive Compensation and Vacation Pay

The Ontario Superior Court of Justice’s decision in Boyer v. Callidus, 2024 ONSC 20 (“Callidus”) serves as a helpful reminder to employers of the importance of carefully drafting, documenting, and communicating contractual terms…more

Bonuses, Canada, Compensation & Benefits, Damages, Employee Benefits

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Bill S-211 in Context: Five Ways That Canada Regulates Forced and Child Labour

Bill S-211 – the Fighting Against Forced Labour and Child Labour in Supply Chains Act – which requires businesses to report on their efforts to combat forced and child labour, is set to take effect in 2024. In this post, which…more

Canada, Child Labor, Corporate Social Responsibility, Critical Infrastructure Sectors, Forced Labor

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Ontario Court Approves of Use of Reverse Vesting Transactions and Provides Guidance for Future Transactions

The Ontario Superior Court of Justice (Commercial List) (the “Court”) in Re Harte Gold Corp., issued its first published decision on the use of reverse vesting orders (“RVOs”) finding that the Companies’ Creditors Arrangement…more

Canada, Corporate Sales Transactions, Creditor Protection, Insolvency, Restructuring

See all updates »

Private Equity in Canada: Market and Regulatory Overview

A Q&A guide to private equity law in Canada. The Q&A gives a high level overview of the key practical issues including the level of activity and recent trends in the market; investment incentives for institutional and…more

Canada, Capital Markets, Investment, Investors, Private Equity

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International Comparative Legal Guide – Alternative Investment Funds 2023: Canada

1 Regulatory Framework - 1.1 What legislation governs the establishment and operation of Alternative Investment Funds? In Canada, the term “alternative investment fund” or AIF is not a term of art. Canadian securities…more

Alternative Investment Funds, Closed-End Funds, Investment, Investment Funds, Investment Opportunities

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Raising New Arguments and Issues in Tax Litigation

Due to the complexity of Canadian tax law, it is not uncommon for taxpayers and the minister of national revenue to refine their respective positions and identify new arguments and issues in the course of the tax dispute…more

Canada, Corporate Taxes, International Tax Issues, Tax Appeals, Tax Court

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Check-in on Card Check: British Columbia Sees 20-Year Record in Union Organizing Activity

After amending the Labour Relations Code (the “Code”) in 2022 to allow for automatic card-check certification, 2023 saw the highest number of union certification applications in British Columbia since 2001…more

Annual Reports, Canada, Collective Bargaining, Labor Relations, Unfair Labor Practices

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Employee Ownership Trusts: A Potential New Option for Sellers of Canadian Businesses

Employee ownership trusts (EOTs) may soon become one additional avenue for Canadian business owners looking to sell their enterprises. The goal of EOTs is to enable owners to effectively sell their businesses to their employees…more

Business Succession, Canada, Employee-Ownership, Leveraged Buyout, Trusts

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Corporate Finance and M&A in Québec: Finding the Bright Spots in a Challenging Year

In 2023, private equity, mergers and acquisitions and venture capital financings have experienced a slowdown across Canada, on the heels of a historically strong year in 2022. In this post we look specifically at the province of…more

Acquisition Agreements, Canada, Capital Investments, Capital Markets, Capital Raising

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Pause (Lifted) on Renewable Project Approvals Part 3: AUC Module A and AUC Bulletin 2024-03

The topic of renewable energy in Alberta again recently made major headlines across the province and country. As we outlined in our earlier blogs Pause on Renewable Project Approvals Part 1 and Pause on Renewable Project…more

Canada, Energy Policy, Energy Projects, Energy Reform, Infrastructure

See all updates »

Now in Effect: Exemptions for International Dealers and Advisers Under the Ontario Commodity Futures Act

On October 17, 2022, Ontario Securities Commission (OSC) Rule 32-506 (Commodity Futures Act) Exemptions for International Dealers, Advisers and Sub-Advisers (OSC Rule 32-506) and amended OSC Rule 91-502 Trades in Recognized…more

Canada, Commodity Futures Contracts, Commodity Sale Agreements, Dealers, Exemptions

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Personal Information Protection by Companies Conducting Business in Quebec: Adoption of Bill 64

How will the Reform affect companies' privacy practices? What are the main differences between the Act and PIPEDA? - On September 21, 2021, the National Assembly adopted Bill 64, an Act to modernize legislative provisions as…more

Canada, Data Privacy, Data Protection, Personal Data, Personal Information

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Practical Law: Commercial Real Estate in Canada

Common Entity Types - Legal persons (such as corporations) and natural persons can generally hold rights over real property in Canada. Investment in real estate can be made through direct ownership by an individual or…more

Canada, Commercial Leases, Commercial Real Estate Contracts, Property Ownership, Real Estate Investments

See all updates »

TSX Amends Pricing Rules for Prospectus Offerings

On April 20, 2023, the Toronto Stock Exchange (“TSX”) adopted amendments (“Amendments”) to Section 606 – Prospectus Offerings of the TSX Company Manual (“the Manual”). Among other things, the Amendments provide greater clarity…more

Canada, Capital Markets, Private Placements, Prospectus, Securities Regulation

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Check-in on Card Check: British Columbia Sees 20-Year Record in Union Organizing Activity

After amending the Labour Relations Code (the “Code”) in 2022 to allow for automatic card-check certification, 2023 saw the highest number of union certification applications in British Columbia since 2001…more

Annual Reports, Canada, Collective Bargaining, Labor Relations, Unfair Labor Practices

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Alberta Carbon Capture Incentive Program and Federal CCUS Investment Tax Credit – Two Green Lights for Carbon Capture in Alberta

On November 28, 2023, the Alberta government introduced the Alberta Carbon Capture Incentive Program (“ACCIP”), a new grant offered by the provincial government to incentivize carbon capture, utilization, and storage (“CCUS”)…more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Climate Action Plan, Climate Change

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The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the…more

Canada, Compensation & Benefits, Constructive Discharge, Employees, Employer Liability Issues

See all updates »

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes brought…more

Canada, Duty to Accommodate, Employee Retention, Employees, Employer Liability Issues

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Québec’s Language Legislation: Release of Draft Regulations Impacting Commercial Contracts and Trademarks

This post summarizes a newly published draft regulation (“Draft Regulation”) that, if passed, will amend the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and…more

Canada, Commercial Contracts, Contract Drafting, French Language Requirements, Trademarks

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Concern About Foreign Corruption Allegations Insufficient to Relieve Canadian Company of Debt Obligation to Its Indian Distributor, Ontario Court of Appeal Rules

In Kirloskar Technologies (P) Ltd. v. Best Theratronics Ltd., 2022 ONCA 331 the Ontario Court of Appeal affirmed that the perceived risk of criminal prosecution under Canadian corruption of foreign public officials legislation…more

Business Disputes, Business Litigation, Canada, Corruption, Creditors

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Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class…more

Arbitration, Arbitration Agreements, Canada, Class Action, Dismissals

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Alberta Carbon Capture Incentive Program and Federal CCUS Investment Tax Credit – Two Green Lights for Carbon Capture in Alberta

On November 28, 2023, the Alberta government introduced the Alberta Carbon Capture Incentive Program (“ACCIP”), a new grant offered by the provincial government to incentivize carbon capture, utilization, and storage (“CCUS”)…more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Climate Action Plan, Climate Change

See all updates »

Difederico v. Amazon.com Inc.: Federal Court Finds Proposed Class Action has no Prospect of Success

In Difederico v. Amazon.com, 2023 FC 1156, the Federal Court refused to certify a proposed class action involving allegations that a collection of Amazon entities (“Amazon”) had breached sections 45 and 46 of the Competition…more

Amazon Marketplace, Anti-Competitive, Canada, Class Action, Class Certification

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Commissioner Wins Secure Energy Appeal: Key Takeaways

The Federal Court of Appeal’s recent decision upholding the Commissioner of Competition’s largely successful challenge of Secure Energy Services Inc.’s acquisition of Tervita Corporation provides further evidence that the…more

Anti-Competitive, Antitrust Provisions, Canada, Competition, Corporate Sales Transactions

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Ten LPs + 85 Investors Over Four Years = Unlicensed Trading Allegation from the OSC

One of the grey areas for real estate development, private equity and venture capital firms (“sponsors”) that serially launch new funds is how frequently a sponsor can come to market with a new fund offering without hitting the…more

Business Development, Canada, Canadian Securities Administration, Capital Markets, Investment Adviser

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Court of Appeal of Québec Confirms Restrictions on the Tax Authorities’ Ability to Set Off Certain Claims in Insolvency Proceedings

On December 22, 2022, the Court of Appeal of Québec upheld a Superior Court ruling that GST and QST input tax credits and refunds (“ITCs/ITRs”) claimed by a petitioner in connection with damage payments arising from agreements…more

Canada, Damages, GST, Insolvency, International Tax Issues

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Court of Appeal of Québec Confirms Restrictions on the Tax Authorities’ Ability to Set Off Certain Claims in Insolvency Proceedings

On December 22, 2022, the Court of Appeal of Québec upheld a Superior Court ruling that GST and QST input tax credits and refunds (“ITCs/ITRs”) claimed by a petitioner in connection with damage payments arising from agreements…more

Canada, Damages, GST, Insolvency, International Tax Issues

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Québec Announces a New Call for Tenders for Wind Energy Supplies After Postponing Previous Ones

On December 19, 2022, Pierre Fitzgibbon, Minister of Economy, Innovation and Energy, announced that the calls for tenders for a 1,000-megawatt block of wind energy and a 1,300-megawatt block of renewable energy, which were…more

Canada, Electricity, Energy Policy, Energy Projects, Energy Reform

See all updates »

Countdown to T+1: A Shorter Standard Settlement Cycle is Coming Soon

The standard settlement cycle for certain securities in Canada and the United States will be shortened from trade date plus two business days (“T+2”) to trade date plus one business day (“T+1”) in May 2024. A shorter settlement…more

Canada, Canadian Securities Administration, Capital Markets, Financial Services Industry, Investment Funds

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AMF Publishes Draft Climate Risk Management Guideline

On November 30, 2023, the Autorité des marchés financiers (AMF), the organization that oversees Québec’s financial industry, published a draft Climate Risk Management Guideline (the Guideline) which will apply to licensed…more

AMF, Canada, Climate Change, Depository Institutions, Disclosure Requirements

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Enhanced Scrutiny a Virtual Certainty: Canadian Government to Closely Scrutinize Foreign Investments in Interactive Digital Media

Canadian businesses involved in the interactive digital media sector, including video games and augmented reality, should be aware of the implications of the Investment Canada Act and the Canadian government’s recent policy…more

Canada, Digital Media, Foreign Investment, Investment Canada Act, National Security

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CBCA Corporations to Begin Submitting Transparency Registers to the Government: Public Access to Follow

Canada’s federal beneficial ownership transparency requirements are changing again. Beginning January 22, 2024, federal corporations will be required to provide certain information from their registers of individuals with…more

Beneficial Owner, Canada, CBCA, Corporate Governance, Regulatory Requirements

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Palmer v. Teva Canada Ltd.: Court of Appeal Confirms No Compensation for Risk “In the Air”

In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being diagnosed…more

Anticompetitive Behavior, Canada, Cancer, Cause of Action Accrual, Class Action

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OSC Expands Accredited Investor Exemption to Include “Self-Certified Investors” With Certain Professional or Academic Qualifications

On October 25, 2022, the Ontario Securities Commission (OSC) published Ontario Instrument 45-507, being a temporary exemption to the prospectus requirement for the distribution of securities to “Self-Certified Investors” (the…more

Accredited Investors, Canada, Investment, New Guidance, Ontario Securities Commission (OSC)

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Pleading Breaches of Fiduciary Duties in Class Proceedings: Court of Appeal Keeps the Bar Low in Ontario

In Boal v International Capital Management Inc.(“Boal”), the Ontario Court of Appeal (the “Court”) considered the pleading requirements for certification of a breach of fiduciary duty cause of action. In holding that it was not…more

Breach of Duty, Canada, Cause of Action Accrual, Class Action, Class Certification

See all updates »

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19…more

Arbitration, Canada, Coronavirus/COVID-19, Employee Rights, Employer Liability Issues

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Pause (Lifted) on Renewable Project Approvals Part 3: AUC Module A and AUC Bulletin 2024-03

The topic of renewable energy in Alberta again recently made major headlines across the province and country. As we outlined in our earlier blogs Pause on Renewable Project Approvals Part 1 and Pause on Renewable Project…more

Canada, Energy Policy, Energy Projects, Energy Reform, Infrastructure

See all updates »

TSXV Modernizes Security Based Compensation Rules

The TSX Venture Exchange’s (TSXV) incentive stock option policy was amended in late 2021 to cover a variety of security based compensation commonly used as compensation tools, including deferred share units, performance share…more

Canada, Compensation & Benefits, Employee Benefits, Incentive Stock Options, Qualified Restricted Stock Units (RSUs)

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Proxy Season 2022: Considerations for Better Disclosure

Proxy season is once again upon us! When preparing proxy materials in 2022, issuers should focus on meaningful engagement with shareholders and integrating environmental and social disclosure into their circulars and other…more

Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements, Non-GAAP Financial Measures

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Alberta Carbon Capture Incentive Program and Federal CCUS Investment Tax Credit – Two Green Lights for Carbon Capture in Alberta

On November 28, 2023, the Alberta government introduced the Alberta Carbon Capture Incentive Program (“ACCIP”), a new grant offered by the provincial government to incentivize carbon capture, utilization, and storage (“CCUS”)…more

Canada, Carbon Capture and Sequestration, Carbon Emissions, Climate Action Plan, Climate Change

See all updates »

Check-in on Card Check: British Columbia Sees 20-Year Record in Union Organizing Activity

After amending the Labour Relations Code (the “Code”) in 2022 to allow for automatic card-check certification, 2023 saw the highest number of union certification applications in British Columbia since 2001…more

Annual Reports, Canada, Collective Bargaining, Labor Relations, Unfair Labor Practices

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Proxy Season 2022: Considerations for Better Disclosure

Proxy season is once again upon us! When preparing proxy materials in 2022, issuers should focus on meaningful engagement with shareholders and integrating environmental and social disclosure into their circulars and other…more

Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements, Non-GAAP Financial Measures

See all updates »

CSA Revisit Short Selling in Canada

On December 8, 2022, the Canadian Securities Administrators (CSA) published CSA Staff Notice 25-306 Activist Short Selling Update (Staff Notice 25-306) and Joint CSA and IIROC Staff Notice 23-329 Short Selling in Canada (Staff…more

Canada, Canadian Securities Administration, Capital Markets, Financial Services Industry, New Guidance

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Hurry Up and Comply: Key Takeaways for Canadian Businesses on Misleading Advertising Urgency Cues

Urgency cues remain near the top of the Competition Bureau’s misleading advertising enforcement priorities, as demonstrated by the Bureau’s recent consent agreement with a furniture chain retailer…more

Advertising, Canada, Competition Act, Doing Business, False Advertising

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2024 Federal Budget: Sales and Excise Tax Measures

On April 16, 2024 (“Budget Day”), the federal government released its annual budget (“Budget 2024”), which includes certain sales and excise tax measures and also confirms the government’s intention to proceed with several other…more

Budgets, Canada, Educational Institutions, Excise Tax, First Nations

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Private Equity in Canada: Market and Regulatory Overview

A Q&A guide to private equity law in Canada. The Q&A gives a high level overview of the key practical issues including the level of activity and recent trends in the market; investment incentives for institutional and…more

Canada, Capital Markets, Investment, Investors, Private Equity

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Ontario Court Rules Employer's Discretion to Terminate is Shackled by the ESA

In Dufault v. The Corporation of the Township of Ignace ("Dufault"), the Ontario Superior Court of Justice, on a summary judgment motion, found the termination without cause provision of a fixed-term employment contract illegal…more

Canada, Contract Terms, Employer Liability Issues, Employment Litigation, Employment Standards Act

See all updates »

Fintech 2023

Canadian fintech industries, particularly digital payments, digital trading, robo-advising and open banking, continued to experience significant growth until 2022. The pace of innovation had been accelerated by expansive…more

Canada, Collective Investment Schemes, Consumer Financial Products, Crowdfunding, Financial Crimes

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Announced Enhancements to the GST New Residential Rental Property Rebate

On September 14, 2023, the Department of Finance Canada issued a news release (the “News Release”) regarding proposed legislation to be enacted in order to enhance the existing GST New Residential Rental Property (“NRRP”) rebate…more

Canada, GST, International Tax Issues, Rebates, Rental Property

See all updates »

Key Changes to Alberta's Business Corporations Act

Alberta’s Bill 84, Business Corporations Amendment Act, 2021 (Alberta) received Royal Assent on December 2, 2021, and came into force on May 31, 2022. Bill 84 introduced significant amendments to the Business Corporations…more

Amended Regulation, Business Corporation Act, Canada, Corporate Governance, Investment

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CSA Announce Final Amendments to Implement an “Access Equals Delivery” Model for Prospectuses of Non-Investment Fund Reporting Issuers

On January 11, 2024, the Canadian Securities Administrators (“CSA”) announced final amendments and changes to implement an "access equals delivery" model for prospectuses of non-investment fund reporting issuers (the “Access…more

Canada, Canadian Securities Administration, Capital Markets, Corporate Issuers, Financial Statements

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Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class…more

Arbitration, Arbitration Agreements, Canada, Class Action, Dismissals

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Ontario Update: Bill 149 Receives Royal Assent, includes Pay Transparency and AI Disclosure Requirements for Job Postings

On March 21, 2024, the Working for Workers Four Act, 2024 (“Bill 149”) received Royal Assent. Bill 149 amends the Ontario Employment Standards Act, 2000 (the “ESA”) to include a new section pertaining to job postings, which…more

Artificial Intelligence, Canada, Disclosure Requirements, Employer Liability Issues, Employment Standards Act

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Public Safety Canada Updates Guidance on Forced and Child Labour Reporting

On March 5, 2024, Public Safety Canada made changes to the guidance on reporting requirements (“Guidance”) under the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (“the Act”) revising its…more

Canada, Child Labor, Forced Labor, Regulatory Requirements, Reporting Requirements

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New Tenders for Solicitations to Be Issued by the End of 2022: Quebec Is Once Again Taking Steps for Wind and Renewable Energy Supplies

On April 27, 2022, draft Regulation respecting a 1,000-megawatt block of wind energy (“Regulation 1000”) and draft Regulation respecting a 1,300-megawatt block of renewable energy (“Regulation 1300”, together with Regulation…more

Canada, Energy Projects, Energy Reform, Infrastructure, Proposed Regulation

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Palmer v. Teva Canada Ltd.: Court of Appeal Confirms No Compensation for Risk “In the Air”

In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being diagnosed…more

Anticompetitive Behavior, Canada, Cancer, Cause of Action Accrual, Class Action

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Cineplex Awarded $1.24 Billion in Lost Synergies from Failed Cineworld Acquisition: Company’s Pandemic Response Not Out of the “Ordinary Course”, Court Rules

In a highly anticipated decision, the Ontario Superior Court of Justice – Commercial List held that Cineworld wrongly terminated its arrangement agreement to acquire Cineplex, which was awarded substantial damages…more

Acquisition Agreements, Breach of Contract, Business Interruption, Canada, Contract Terms

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The Virtual Currency Regulation Review - September 2023

I INTRODUCTION TO THE LEGAL AND REGULATORY FRAMEWORK - Canada currently has no comprehensive framework governing the regulation of digital assets. Securities and derivatives regulation has emerged as the main regulatory…more

Canada, Canadian Securities Administration, Consumer Financial Products, Cryptocurrency, Digital Assets

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Ontario’s Top Court Affirms Evidentiary Principles on Motions for Leave to Commence a Secondary Market Misrepresentation Action

In Drywall Acoustic Lathing and Insulation (Pension Fund, Local 675) v. Barrick Gold Corporation, 2024 ONCA 105, the Ontario Court of Appeal affirmed the lower court’s decision denying in part the motion for leave to commence a…more

Canada, Class Action, Financial Markets, Misrepresentation, Ontario

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Ontario Court Dismisses Certified False Advertising Class Action

In Rebuck v. Ford Motor Company, 2022 ONSC 2396 (Rebuck), the Ontario Superior Court of Justice dismissed a certified class action on its merits by way of summary judgment. The claim sought $1.5 billion in damages on behalf of a…more

Automotive Industry, Canada, Class Action, Competition Act, False Advertising

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Legislative, Procurement and Governmental Updates Signal that British Columbia is Ripe for Renewable Energy Development

Recent legislative, procurement and governmental updates, including BC Hydro’s upcoming Call for Power and updates to the BC Clean Energy Act will create increased opportunities for renewable energy development in the province…more

Canada, Clean Energy, Climate Action Plan, Climate Change, Energy Projects

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The Supreme Court of Canada Clarifies the Law on Constructive Takings

On October 21, 2022, the Supreme Court of Canada (the "SCC") released its decision in Annapolis Group Inc. v Halifax Regional Municipality, 2022 SCC 36 (“Annapolis”), affirming and clarifying the test for constructive taking,…more

Canada, Constructive Possession, Expropriation, Land Owners, Property

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Canadian Intellectual Property Office (CIPO) Official Fees to Increase Substantially on January 1, 2024

CIPO has recently announced that most of its official fees will increase by at least 25% in 2024. These adjustments will affect all pending applications for patents, trademarks, industrial designs and copyrights, as well as fees…more

Administrative Agencies, Canada, Canadian Intellectual Property Office (CIPO), Copyright, Corporate Counsel

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Legislative, Procurement and Governmental Updates Signal that British Columbia is Ripe for Renewable Energy Development

Recent legislative, procurement and governmental updates, including BC Hydro’s upcoming Call for Power and updates to the BC Clean Energy Act will create increased opportunities for renewable energy development in the province…more

Canada, Clean Energy, Climate Action Plan, Climate Change, Energy Projects

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Canada’s 2023 Fall Economic Statement

On November 21, 2023, the Canadian Department of Finance (“Finance”) released its 2023 Fall Economic Statement (“FES 2023”). The focus of FES 2023 was on affordability measures, particularly with respect to housing. New spending…more

Canada, Capital Gains, Clean Energy, Consumer Financial Products, Department of Finance

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Employee Ownership Trusts: Full Steam Ahead After Government’s Fall Economic Statement

On November 21, 2023, the Government of Canada released its Fall Economic Statement. Among the measures included in the statement are improved tax incentives for Employee Ownership Trusts (“EOTs”)…more

Canada, Capital Gains, International Tax Issues, Selling a Business, Tax Rates

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Limitations on Good Faith Damages: No Presumption of Loss for Breach of Honest Performance

In Bhatnagar v. Cresco Labs Inc., 2023 ONCA 401, the Ontario Court of Appeal elaborated on the Supreme Court’s decision in C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (“Callow”) and clarified that a breach of the contractual duty…more

Acquisition Agreements, Breach of Contract, Business Disputes, Business Litigation, Buyers

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Who Should Pay? Ontario Court of Appeal Provides Needed Guidance on Allocation of Defence Costs Among Insurers for Class Actions Spanning Decades

In Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145, the Ontario Court of Appeal, among other things, overturned the lower court’s finding that insureds were entitled to seek 100% of…more

Appeals, Canada, Class Action, Defense Costs, Duty to Defend

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Québec’s Language Legislation: Release of Draft Regulations Impacting Commercial Contracts and Trademarks

This post summarizes a newly published draft regulation (“Draft Regulation”) that, if passed, will amend the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and…more

Canada, Commercial Contracts, Contract Drafting, French Language Requirements, Trademarks

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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