Recent Developments of Importance

  • The common law remedy of distress has once again been shown to be an increasingly difficult remedy for landlords to exercise in response to a tenant default.
  • 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 ...
  • Authors(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 ...
  • Authors(s): Lexpert Staff
    By now well established in Canada, indeed some would argue, flourishing, class action litigation continues to include actions pertaining to personal injuries, including those involving defective ...
  • 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 ...
  • Tackling the challenges of increasing uncertainty in foreign investment reviews of mergers and acquisitions.
  • 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 ...
  • P3 construction projects have been significant industry drivers for some years. All the provinces and territories save for the Yukon Territory and Prince Edward Island have P3s in the works or ...
  • 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.
  • Authors(s): Lexpert Staff
    For the first time in common law Canada, the Supreme Court of Canada has recognized a legal duty to perform contractual obligations honestly and with regard to the legitimate expectations of other ...
  • Participants in the Canadian private placement market have been left shaking their heads following a spate of recent rule changes. Just as Canadian securities regulators announced rule changes that ...
  • Authors(s): Lexpert Staff
    The Supreme Court of Canada’s 2015 decision in Guindon v. Canada concluded that “advisor penalties” found in s. 163.2 of the Income Tax Act are administrative and not penal in nature. But the ...
  • 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.
  • 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
    The cash flow squeeze brought on by falling oil prices can create a conundrum for companies that have entered into Aboriginal impact benefit agreements with local communities.
  • 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
    While the situation is not as grave as it may be in the US, environmental and social risks are proving to be an additional hurdle for Canadian extractive companies squeezed for credit in an economic ...
  • 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, trademarks, official marks, copyright, moral rights, industrial designs, ...
  • Authors(s): Lexpert Staff
    In June, the Competition Bureau released an updated draft of its Intellectual Property Enforcement Guidelines for comment. Among other things, the IPEG deal with the Bureau’s proposed approach to ...
  • Authors(s): Lexpert Staff
    International Trade Regulation encompasses anti-dumping, countervailing 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 ...
  • The 2014 Canadian Private Target M&A Deal Points Study (the “Canadian Study”) recently released by the Mergers and Acquisitions Committee – Market Trends Subcommittee of the Business Law Section of ...
  • Authors(s): Lexpert Staff
    The Extractive Sector Transparency Measures Act, proclaimed in force on June 1, 2015, has been widely lauded for finally bringing Canada up-to-speed with the European Union, the United Kingdom, ...
  • Authors(s): Lexpert Staff
    A host of individual settlements in lawsuits involving allegedly defective pelvic mesh devices suggests that “mass tort” litigation is making headway as an alternative to class actions in Canadian ...
  • Authors(s): Lexpert Staff
    With more than 200 completed and ongoing public-private partnership projects valued at about C$75 billion on the books in Canada, public-private partnerships have become increasingly entrenched a way ...
  • 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 common law remedy of distress has once again been shown to be an increasingly difficult remedy for landlords to exercise in response to a tenant default. Since last year’s decision in Delane ...
  • Authors(s): Lexpert Staff
    The Supreme Court of Canada’s decision in AIC Limited v. Fischer is best known for the proposition that plaintiffs who have received settlements in regulatory proceedings (in this case, Ontario ...
  • 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
    Online Behavioral Advertising (OBA) has become a popular part of the business model for many organizations. It can also be an intrusion on privacy. The difficulty is that the guidelines governing OBA ...