Recent Developments of Importance

  • Authors(s): Lexpert Staff
    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. It has extra-territorial effect, applying whenever a computer located in Canada sends or accesses ...
  • 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 received by the SPV are used to pay the lender for the pool of assets.
  • 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 refinancing; cross-border and international banking transactions; financial leasing; loan ...
  • Authors(s): Lexpert Staff
    Much of the promise in the Canadian life sciences sector is landing in biologics — also known as biopharmaceuticals and distinguished from chemically synthesized drugs by the fact that they are manufactured in, extracted from or synthesized at least in part from biological sources.
  • Authors(s): Lexpert Staff
    As Canada’s class actions regime has evolved, observers have commented on the pendulum of jurisprudence favouring plaintiffs then defendants then back again. While it may be easy to say that recent years have not been as good for plaintiffs and that the pendulum has swung over to the defence side, ...
  • Authors(s): Lexpert Staff
    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 International Court of Arbitration of the International Chamber of Commerce, International Dispute Resolution ...
  • 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 practise within the whole range of services, from solicitor-client mandates to advocacy up to and including the ...
  • Authors(s): Lexpert Staff
    Within the short span of nine days in August 2016, Ontario courts managed to add new horizons to the potential liability of defendants in the burgeoning arena of price-fixing conspiracy class actions. Each of the four August cases engaged a separate conspiracy involving LCD panels (Fanshawe v. AU ...
  • Authors(s): Lexpert Staff
    According to Osler, Hoskin & Harcourt LLP’s newsletter, found at https://www.osler.com/en/resources/regulations/2017/canadian-government-suspends-casl-private-right-of: “The Canadian federal government has announced that it has suspended the coming into force of the private right of action under ...
  • It is oft said that “hard cases make bad law”. The Canadian approach to contractual notice of delay claims reflects this aphorism. Such clauses are ubiquitous; rarely is a construction contract silent as to the requirement to give notice of a delay claim. One could be forgiven for thinking 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 commercial law may be involved in any number of matters for clients, including:
  • Authors(s): Lexpert Staff
    As the slumbering IPO market began to stir in 2015, Cara Operations, Shopify and Spin Master all came to market with IPOs offering shares that had different votes and powers than the private owners and management did. These IPOs, and a close shareholder vote at Fairfax Financial, renewed the debate ...
  • Authors(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.
  • 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. The decision is not likely to end the controversy or the litigation surrounding AMPs, whether in the context of the ...
  • 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 to make the Over-The-Counter (OTC) derivatives market more secure and transparent.
  • Authors(s): Lexpert Staff
    According to Jordan Kirkness of Baker McKenzie & Susan MacMillan: “On October 23, 2018, the Ontario government introduced Bill 47, Making Ontario Open for Business Act, 2018, to repeal numerous provisions of the previous government’s Fair Workplaces, Better Jobs Act, 2017 (Bill 148).
  • 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 development of energy projects to the management of existing facilities and to all aspects of the ...
  • Authors(s): Lexpert Staff
    he 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, everyone is well aware that oil and gas is a cyclical business, so negative circumstances like falling ...
  • Authors(s): Lexpert Staff
    Gowling WLG lawyers addressed various Entertainment law issues in 2018, including this one. “In Canada, copyright subsists in every original literary, dramatic, musical and artistic work, in a performer’ performance and in sound recordings. While the Canadian Copyright Act does not identify video ...
  • The year 2018 was of some significance for both Aboriginal law and policy. Two decisions of the Supreme Court of Canada, Williams Lake and Mikisew Cree, stand out, but it was the Federal Court of Appeal judgment in the Transmountain Pipeline case that gathered the most media and political attention.
  • 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 restructuring involves advising stakeholders in planning, negotiating and implementing corporate 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, brand names, trade dress, personality rights, topographies, trade secrets, product piracy, ...
  • Authors(s): Lexpert Staff
    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 Canada’s most ambitious trade initiatives, setting new standards in the trade in goods and services, ...
  • 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; corporate structures, reorganizations, and financing; taxation of particular industries; and ...
  • Authors(s): Lexpert Staff
    Directors’ & 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 ...
  • Authors(s): Lexpert Staff
    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 seismic data. The decision also held that the existing regulatory regime governing federal lands in the ...
  • Authors(s): Lexpert Staff
    Individual settlements in lawsuits involving allegedly defective pelvic mesh devices suggests that “mass tort” litigation is possible as an alternative to class actions in Canadian product liability cases. Mass tort litigation, like class actions, arise when a defective product injures a large ...
  • Authors(s): Lexpert Staff
    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 classes, apply creative solutions to address complex cross-border class proceedings and take jurisdiction ...
  • Authors(s): Lexpert Staff
    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 long consultation process, and observers say they are strengthening processes and strategies in the M&A ...
  • Authors(s): Lexpert Staff
    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 Union, the United Kingdom, Norway, and the United States in promoting transparency and accountability ...
  • Authors(s): Lexpert Staff
    With more than 200 completed and ongoing public-private partnership projects valued at about $75 billion on the books in Canada, public-private partnerships have become increasingly entrenched a way of financing infrastructure projects over the past decade. So much so that several provincial ...
  • 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 ...
  • 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 commercial, retail and residential planning and land use work. Canada’s provincial governments have ...
  • 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 commercial, retail and residential planning and land use work. Canada’s provincial governments have ...
  • Any analysis with respect to the allocation of risk in a commercial lease will inevitably draw upon the principles set out by the Supreme Court of Canada in the “Trilogy”: (1) Pyrotech Products Ltd. v. Ross Southward Tire Ltd., (1975) [1976] 2 S.C.R. 35; (2) Cummer-Yonge Investments Ltd. v. ...
  • 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 like electronic wallets and mobile payments. Unfortunately, Canada’s federal government has been late ...