News & Analysis as of

Canada

Defence + Indemnity - October 2017: IV. PRACTICE ISSUES

by Field Law on

IV. PRACTICE ISSUES - A. Notes prepared for a witness to rely upon to refresh his/her memory prior to a Questioning may not be privileged and, if they are, relying on those notes to testify waives any privilege over the...more

Defence & Indemnity - October 2017: II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are...more

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in...more

Quebec Introduces New Legislation to Regulate Recreational Cannabis

On November 16, 2017, the Government of Quebec tabled Bill 157, an Act to constitute the Société québécoise du cannabis, to enact the Cannabis Regulation Act and to amend various highway safety-related provisions (Bill),...more

Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017: Pension Issues

On November 14, 2017, the Ontario government released its 2017 Ontario Economic Outlook and Fiscal Review and introduced Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017 (Bill 177), which looks to amend the...more

Court of Appeal looks past unregistered trading in ordering payment to investment finder

by Dentons on

For many junior resource company executives, deciding whether to engage investment “finders” can be like considering whether to breathe air. Such companies tend to have early-stage projects that don’t warrant debt financing...more

Do You Need a Risk Factor for Proposed U.S. Federal Income Tax Reform?

by Dorsey & Whitney LLP on

Tax reform efforts by Congress are ongoing, and the substance of the tax bills remains fluid. However, for foreign corporations with U.S. operations, there are some specific potential risks to consider, such as additional...more

Defence & Indemnity - October 2017: I. INSURANCE ISSUES A.

by Field Law on

I. INSURANCE ISSUES: A. Where an insured’s employee followed an email from a fraudster posing as a vendor to change the electronic payment instructions to an account controlled by the fraudster, coverage was denied under...more

Are Directors Independent? It Depends: CSA Revisiting Regime

The Canadian Securities Administrators (CSA) have released CSA Consultation Paper 52-404 – Approach to Director and Audit Committee Member Independence (Consultation Paper) and are inviting comments on the current approach to...more

Federal Environmental Regulatory Reform Program – Where Are We Now?

Last year, the Government of Canada launched a review of key federal environmental and natural resource regulatory laws and processes. Expert panels and parliamentary committees reviewed the laws, consulted with stakeholders,...more

National security reviews 2017: A global perspective — Canada

by White & Case LLP on

While few deals are challenged in Canada, national security reviews are becoming more common and complex - The Investment Review Division (IRD), which is part of the Ministry of Innovation, Science and Economic...more

California Court Holds That Orders Demanding Global De-indexing Threaten Free Speech

by Fenwick & West LLP on

Earlier this year, the Supreme Court of Canada upheld a lower court order ordering Google to de-index a website from its global search results. In its decision, the Canadian high court rejected Google’s arguments that such an...more

Chicken Caught: Privacy Commissioner Confirms Video Surveillance Should Be Last Resort for Organizations

In the recently released Investigation Report P17-01, Use of employee surveillance by a BC chicken catching organization, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) confirmed that...more

Bill 27: Expansion of the Conflicts of Interest Act to Public Agencies

by Field Law on

Bill 27 passed first reading in the Alberta Legislature on November 8, 2017. If passed, the legislation will amend the Conflicts of Interest Act (the "Act"), and expand its coverage to include public agencies, boards and...more

NAFTA Renegotiation Status Update: Fourth Round Of Talks Conclude In Ottawa, With Little Progress, Fifth Round Begins In Mexico...

by King & Spalding on

The fourth round of talks regarding renegotiation of the North American Free Trade Agreement (NAFTA) were held in Arlington, Virginia, during October 11-17, 2017. According to a Trilateral Statement on the Conclusion of the...more

Federal Government Proposes Excise Duties for Cannabis Producers

On November 10, 2017, the federal department of finance issued long-awaited legislative and regulatory proposals for the taxation of cannabis. Effectively, the proposed rules will place cannabis producers within the existing...more

PPP Canada Phased Out Pending Launch of Canada Infrastructure Bank

by Nossaman LLP on

The Canadian government is taking a new approach to P3s. By the end of 2017, PPP Canada will have ceased operations, and the Canada Infrastructure Bank (the “CIB”) will be launched....more

A Broader View: Court of Appeal Confirms Holistic Approach for Random Drug and Alcohol Testing in Alberta

Alberta’s highest court has clarified the parameters of the law on random drug and alcohol testing and emphasized that courts and arbitrators alike should take a holistic approach to safety when examining the enforceability...more

Provincial Cannabis Regimes Come Into Focus

Closely following the introduction of Ontario’s recent cannabis legislation, described in our November 2017 Blakes Bulletin: Ontario Introduces New Legislation to Regulate Recreational Cannabis, new details have emerged...more

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

In a decision that sets up a potential international comity showdown, a California district court granted Google’s request for a preliminary injunction preventing enforcement in the U.S. of a Canadian court order that...more

Will big beverage, Canadian legislation tilt U.S. closer to federal legalization?

by Thompson Coburn LLP on

On Oct. 30, 2017, Constellation Brands, a global Fortune 500 producer and marketer of beer, wine and spirits, announced a collaboration with Canopy Growth, a provider of medical cannabis products. The collaboration is...more

Offshore Assets May Be Subject to Enforced Collection by the IRS

by Sanford Millar on

The fact that you may have assets offshore does not mean that they are immune from seizure by the IRS. A recent case illustrates how the IRS can enforce collection outside the United States....more

The Google Injunction: US Federal Court Responds to Supreme Court of Canada

by Field Law on

As noted in our recent summary of the Supreme Court of Canada (SCC) decision in the ongoing fight between Google and Equustek Solutions, Google lost in Canada’s top court. Google promptly filed an application in US Federal...more

Ktunaxa Nation: The Supreme Court returns to Haida first principles in dismissal of ski hill duty-to-consult case

by Dentons on

The Supreme Court of Canada (the “Court”) has rejected Crown consultation and spiritual-rights challenges brought by the Ktunaxa Nation (the “Ktunaxa”) against a proposed ski resort in B.C.’s Jumbo Valley area following a...more

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