Recent Developments of Importance

  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • 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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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.
  • Authors(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; ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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, ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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, ...
  • Authors(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 ...
  • 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 ...
  • Authors(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 ...
  • Authors(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" ...
  • Authors(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 ...
  • Authors(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 ...
  • 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 ...
  • Authors(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 ...
  • Authors(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 ...
  • Authors(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 ...