Recent Developments of Importance

Author(s): Lexpert Staff
Among the most daunting legal developments for companies doing business in Canada is Canada’s new anti-spam and anti-malware law (CASL), more formally known as the Electronic Commerce Protection Act, most of which came into effect on July 1, 2014. It has extra-territorial effect, applying whenever a computer located in Canada sends or... [Read full article]

Author(s): Lexpert Staff
Practicing international arbitration includes advising as to the contractual provisions for arbitration and ADR, advising as to arbitration rules and procedures, and conducting ad hoc arbitrations or arbitration under the rules of arbitration institutions. Arbitration is an alternative to litigation that has relevance to almost every area of... [Read full article]

Author(s): Lexpert Staff
In an asset securitization, a lender packages a pool of financial assets and sells them to a special purpose vehicle (SPV), which in turn issues asset-backed securities to investors. The proceeds received by the SPV are used to pay the lender for the pool of assets. Cash flows from the pool (principal and interest payments, proceeds from insurance ... [Read full article]

Author(s): Lexpert Staff
Banking lawyers represent domestic and international providers and consumers of debt financing. Their work embraces financial institution incorporation; corporate and private lending, financing and refinancing; cross-border and international banking transactions; financial leasing; loan syndications and participations; preparation of real and... [Read full article]

Author(s): Lexpert Staff
Of late, a surge of optimism has imbued the life sciences industries in Canada. And, as it turns out, an analysis of the industry from the ground up venture capital stage suggests the optimism is well-founded. [Read full article]

In under 90 days bridging 2013 and 2014, the Supreme Court of Canada ("SCC") released its decisions in five class action appeals. Focusing on access to justice, the Court explicitly steered Canadian law away from the US class action approach. The result is a plaintiff-friendly model that views certification as a matter of form and that stands in... [Read full article]

Author(s): Lexpert Staff
Commodity tax and customs practice encompasses the HST, provincial sales taxes, customs and excise, and related matters. Because the area is so specialized, commodity tax lawyers often practice within the whole range of services, from solicitor-client mandates to advocacy up to and including the Supreme Court of Canada. [Read full article]

Author(s): Lexpert Staff
As Canada’s first Commissioner of Competition to have risen to the position through the Bureau’s ranks and the first economist to hold the position – his predecessors were all lawyers, as are virtually all his counterparts around the world, including the US – John Pecman was bound to come under special scrutiny. But since his interim appointment... [Read full article]

Author(s): Lexpert Staff
The computer program sections of Canada’s Anti-Spam Law (CASL) came into force in January 2015. They have been much criticized for their breadth. The main objection is that the provisions regulate all computer programs installed on all computer systems that are part of a commercial activity rather than confining them to real malware or spyware.... [Read full article]

Author(s): Lexpert Staff
P3 construction projects have been significant industry drivers for some years. At press time, all the provinces and territories save for the Yukon Territory and Prince Edward Island have P3s in the works or completed. Ontario leads the way with 107, followed by British Columbia (36), Québec (20), Alberta (17), New Brunswick (11), Saskatchewan... [Read full article]

Author(s): Lexpert Staff
Corporate commercial law, or “business law,” is a broad area that can encompass a number of specialties, such as corporate finance, securities, and insolvency law. Counsel practicing corporate commercial law may be involved in any number of matters for clients, including: [Read full article]

Author(s): Lexpert Staff
The Ontario Court of Appeal’s decision in Central Sun Mining Inc. v. Vector Engineering Inc., in which the Court used the tort of negligent misrepresentation to bring a case that had little to do with Ontario, within the jurisdiction of the Ontario courts, demonstrates just how far the Supreme Court of Canada’s 2012 decision in Club Resorts v. Van ... [Read full article]

Author(s): Lexpert Staff
In October 2014, Canadian Securities Administrators announced that it was backing off its earlier proposal to lower the early warning reporting threshold from 10 per cent to 5 per cent. In a press release, CSA Chair Bill Rice said the decision not to proceed with this amendment and others was based on some 70 comment letters expressing concerns... [Read full article]

Author(s): Lexpert Staff
The corporate mid-market embraces transaction work, primarily involving knowledge-based companies, where the transaction size is typical of the Canadian mid-market without regard to the revenues of the entities involved. [Read full article]

Author(s): Lexpert Staff
The Supreme Court of Canada has agreed to consider whether "advisor penalties" found in s. 163.2 of the Income Tax Act are penal or administrative in nature. [Read full article]

Author(s): Lexpert Staff
Corporate tax litigation involves disputes engaging tax planning for high net worth individuals; individual types of tax such as HST, income and withholding tax; taxation of commercial transactions; corporate structures, reorganizations, and financing; taxation of particular industries; and international tax matters such as transfer pricing. [Read full article]

Author(s): Lexpert Staff
In November 2013, the Canadian Securities Administrators published the first internationally harmonized derivatives rule to come into force in Canada. The rule was intended to pave the way for future derivatives rules as set out in Canada’s G20 commitments. Ultimately, the rules will form a regime for the regulation of Canada’s over-the-counter... [Read full article]

Author(s): Lexpert Staff
Directors’ and Officers’ Liability practice comprises providing advice and representation on D&O liability, indemnity and insurance options, corporate governance obligations and risk management strategies. Risk management presents the greatest exposure to personal liability that Canadian directors face, particularly in very large corporations. [Read full article]

Author(s): Lexpert Staff
Employment law governs the rights and obligations between individuals and their employers. They arise from the common law in most provinces and the civil law in Québec. Employment lawyers negotiate and draft individual employment contracts; advise as to the obligations that arise from the employer-employee relationship; draft non-solicitation,... [Read full article]

Author(s): Lexpert Staff
Employment law governs the rights and obligations between individuals and their employers. They arise from the common law in most provinces and the civil law in Québec. Employment lawyers negotiate and draft individual employment contracts; advise as to the obligations that arise from the employer-employee relationship; draft non-solicitation,... [Read full article]

Author(s): Lexpert Staff
Electrical power work identifies lawyers whose firms can provide a full range of services, including advising market participants on transactional, regulatory and policy matters ranging from the development of energy projects to the management of existing facilities and to all aspects of the restructuring and deregulation of electricity markets. [Read full article]

Author(s): Lexpert Staff
In early 2014, the Minister of Natural Resources proposed important changes to Canada’s offshore oil and gas regime when he introduced the Energy Safety and Security Act, which amends the Canada Oil and Gas Operations Act, the Canada Petroleum Resources Act and the federal accords with Nova Scotia, and Newfoundland and Labrador governing... [Read full article]

Author(s): Lexpert Staff
While every painting, poem, news story, play or movie is at some level made up of entirely unoriginal elements, it is combining these elements into a final product that gives rise to uniqueness and originality. Arguably, approaching copyright by dissecting a work and saying it’s a collection of unoriginal elements creates challenges for creators... [Read full article]

Author(s): Lexpert Staff
On October 1, 2014, the Alberta Energy Regulator assumed responsibility for provincial environmental impact assessments (EIAs) on energy projects, closing a gap in Alberta’s "one-window" approach to energy regulation. Since March 29, 2014, AER has been responsible for issuing energy approvals under the Environmental Protection and Enhancement Act, ... [Read full article]

Author(s): Lexpert Staff
Insolvency practice embraces acting for a variety of stakeholders in bankruptcy, receivership or similar court-supervised insolvency proceedings or private enforcement remedies. Financial restructuring involves advising stakeholders in planning, negotiating and implementing corporate financial restructurings whether in circumstances of insolvency... [Read full article]

Author(s): Lexpert Staff
Intellectual property practice includes providing advice and representation in all matters relating to inventions, patents, trade-marks, official marks, copyright, moral rights, industrial designs, brand names, trade dress, personality rights, topographies, trade secrets, product piracy, counterfeiting, grey goods, infringements and passing off. [Read full article]

Author(s): Lexpert Staff
Historically, a mainstay of IP life sciences litigation has been prohibition proceedings between innovators and generics under the Patented Medicines (Notice of Compliance Regulations). But Health Canada statistics indicate that NOC litigation has declined steadily over the past five years, probably as a result of the emerging patent cliff. Also... [Read full article]

Author(s): Lexpert Staff
International Trade Regulation encompasses anti-dumping, counter-vailing duties, customs law, valuation of goods, country of origin determination and documentation, penalties and seizures, and import and export controls. [Read full article]

Author(s): Lexpert Staff
The investment fund and asset management industries encompass a broad range of vehicles and services. The term "investment funds" takes into account such diverse entities as public mutual funds, closed-end funds, private investment funds, labor-sponsored or venture capital funds and scholarship plans. [Read full article]

Author(s): Lexpert Staff
Labor Relations lawyers advise employers, organized labor and individual employees in grievance and arbitration proceedings under federal and provincial law. They appear before courts and labor relations boards, negotiate collective agreements, assist with workforce planning including downsizing, appear in interest arbitrations and on judicial... [Read full article]

Many Canadian reporting issuers (an "issuer") raise capital by issuing debentures ("debentures") convertible into shares or other equity securities (the "shares"), the terms of which are governed by an indenture entered into with a trustee (an "indenture"). While the specific terms of debentures are typically negotiated between the issuer and the... [Read full article]

Author(s): Lexpert Staff
With the Liberal government’s revival of the Plan Nord mining project, the stars appear to be lining up again for the mining industry in Québec. In July 2014, Stornoway Diamond Corporation closed a C$946-million comprehensive funding package for the construction of the company’s Renard Diamond Project in the James Bay region of north-central... [Read full article]

Author(s): Lexpert Staff
In the hope of achieving better results for their clients in product liability cases than a class action might provide, an innovative Toronto law firm, Will Davidson LLP, is resorting to "mass tort" litigation as an alternative. Mass tort litigation, like class actions, arises when a defective product injures a large number of consumers. [Read full article]

Author(s): Lexpert Staff
With some 213 completed and ongoing public-private partnership projects valued at about C$66.6 billion on the books in Canada, public-private partnerships have become increasingly entrenched a way of financing infrastructure projects over the past decade. Indeed, Ontario Premier Kathleen Wynne recently called on Ottawa to quadruple its... [Read full article]

Author(s): Lexpert Staff
Property Development is a broad practice area that includes real estate financing and development, which covers all aspects of real property transactions, as well as municipal law, which encompasses commercial, retail and residential planning and land use work. Canada’s provincial governments have the main responsibility for property development... [Read full article]

The right of distress, a remedy that arises at common law, allows a landlord, without any judicial process, to seize, take into possession and sell the goods and chattels of its tenant to satisfy any arrears of rent. However, this remedy has fallen out of favor in recent years as there are a myriad of technical rules to be observed when exercising ... [Read full article]

Author(s): Lexpert Staff
In September 2014, the Ontario government announced that it would amend the provisions governing the existing three-year limitation period for obtaining leave to proceed with statutory securities class actions. Currently, the Ontario Securities Act mandates that plaintiffs must obtain leave to commence secondary market misrepresentation class... [Read full article]

Author(s): Lexpert Staff
Digital payment mechanisms and processes, of course, lie at the heart of almost all e-commerce. It follows that there is a great deal of interest in what policy makers are going to make of products like electronic wallets and mobile payments. Unfortunately, Canada's federal government has been late to the chase, to the point where payment... [Read full article]

Author(s): Lexpert Staff
In June 2014, the Supreme Court of Canada ruled that police cannot obtain the identity of an Internet user from the user’s ISP without a warrant or court order. The decision provides some relief for telecommunications companies, particularly ISPs, who reportedly receive hundreds and even thousands of requests for information from police each year. [Read full article]