Recent Developments of Importance

  • Among the most daunting legal developments for companies doing business in Canada is Canada’s anti-spam and anti-malware law (CASL), more formally known as the Electronic Commerce Protection Act (and ...
  • 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 ...
  • Banking lawyers represent domestic and international providers and consumers of debt financing. Their work embraces financial institution incorporation; corporate and private lending, financing, and ...
  • As Canada’s class actions regime has evolved, observers have commented on the pendulum of jurisprudence favoring plaintiffs, then defendants, then back again. While it may be easy to say that recent ...
  • The three major international arbitration institutions, fiercely competitive with the courts, are — as it turns out — just as fiercely competitive amongst themselves. Like law firms, the ...
  • 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 ...
  • The Competition Act governs most business conduct in Canada. As described by the Canadian Competition Bureau: The Act “contains both criminal and civil provisions aimed at preventing anti-competitive ...
  • The Canadian federal government announced in 2017 that it had suspended the coming into force of the private right of action under Canada’s Anti-Spam Legislation (CASL). It remains suspended and may ...
  • According to the Ontario Ministry of the Attorney General, as of December 5, 2017: “Ontario passed legislation to improve the efficiency and competitiveness of the construction sector. The ...
  • Corporate commercial law is a broad area that can encompass several specialties, such as corporate finance, securities, and insolvency law. Counsel practicing corporate commercial law may be involved ...
  • 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 ...
  • Corporate finance & securities law includes financing vehicles or instruments, whether public or private, including IPOs, capital market equity offerings, installment receipt transactions, securities ...
  • Corporate Mid-Market refers to an area of transactional work involving businesses (private and public) whose revenues fall in approximately the $50 million to $200 million range.
  • A 2015 decision of the Supreme Court of Canada continues to be impactful. In Guindon v. Canada, the SCC concluded that “advisor penalties” found in s. 163.2 of the Income Tax Act are administrative ...
  • 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; ...
  • In July 2016, the Canadian Securities Administrators (CSA) proposed a new framework for minimum margin requirements for non-centrally cleared derivatives. The proposals are part of an ongoing effort ...
  • Directors’ & officers’ liability practice comprises providing advice and representation on D&O liability, indemnity and insurance options, corporate governance obligations, and risk management ...
  • Employment law governs the rights and obligations between individuals and their employers. The foundations of employment law arise from the common law in most provinces and the civil law of Québec. ...
  • 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 ...
  • The cash flow squeeze brought on by falling oil prices can create a conundrum for companies that have entered into Aboriginal Impact Benefit Agreements (IBAs) with local communities. Fortunately, ...
  • Are Video Games Protected under Canada’s Copyright Act? Gowling WLG lawyers addressed various entertainment law issues in 2018, including video games under the Copyright Act.
  • A few years ago, the Ontario Court of Appeal denied Inco’s request for some C$5.3 million in costs arising from a landmark environmental action. Plaintiffs’ lawyers called the case “a very well ...
  • Insolvency practice embraces acting for a variety of stakeholders in bankruptcy, receivership, or similar court-supervised insolvency proceedings or private enforcement remedies. Financial ...
  • Intellectual property practice includes providing advice and representation in all matters relating to inventions, patents, trademarks, official marks, copyright, moral rights, industrial designs, ...
  • The Alberta Court of Queen’s Bench April 2016 decision in Geophysical Service Incorporated (GSI) v. Encana Corporation is the first case in the world that has ever found that copyright exists in ...
  • As of September 2016, Canada entered into the bilateral Canada and European Union (EU) Comprehensive Economic and Trade Agreement (CETA), which as the federal government points out is “by far one of ...
  • 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, ...
  • Labor law 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 ...
  • The Canadian Securities Administrators’ amendments to the Canadian take-over bid regime, announced in February 2016, were generally welcomed as bringing certainty to issuers and acquirors after a ...
  • Although a few years ago now, 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 ...
  • Individual settlements in lawsuits involving allegedly defective pelvic mesh devices suggest that “mass tort” litigation is possible as an alternative to class actions in Canadian product liability ...
  • 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 an increasingly entrenched ...
  • Property development is a broad practice area that includes real estate financing and development, which covers all aspects of real property transactions, and municipal law, which encompasses ...
  • Is there fraudulent intent if the tenant removes its goods when there are no rental arrears but stops paying rent after vacating? Unique to the commercial landlord and tenant relationship is the ...
  • According to the Bennett Jones’ Class Action Litigation Group: “Recent trends towards the globalization of Canada’s class regime have continued. Canadian courts appear primed to accept global ...
  • 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 ...