Recent Developments of Importance

  • Unlike many years, there were no major shifts or developments by the Courts in Aboriginal law legal doctrine in the past year. The Supreme Court of Canada released no cases in 2015 on treaty or Aboriginal rights.
  • 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, most of which came into effect on July 1, 2014.
  • 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.
  • Authors(s): Lexpert Staff
    Asset-based lenders provide loans secured against current assets such as inventory and accounts receivable, and fixed assets such as machinery and equipment.
  • Banking lawyers represent domestic and international providers and consumers of debt financing.
  • 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 well-founded.
  • 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 medical products and procedures, defective products (automobiles, building products, etc.), and ...
  • 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 within the whole range of services, from solicitor-client mandates to advocacy up to and including the ...
  • The interim denial by the Canadian government of BHP Billiton’s (BHP) 2010 hostile bid for Potash Corporation of Saskatchewan (Potash) caught many M&A advisors off-guard.
  • 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 all computer programs installed on all computer systems that are part of a commercial activity rather ...
  • Authors(s): Lexpert Staff
    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 completed.
  • 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.
  • Participants in the Canadian private placement market have been left a little bewildered following a series of recent rule changes.
  • 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
    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.
  • 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 development of energy projects to the management of existing facilities and to all aspects of 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 (IBAs) 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 originality.
  • 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 cycle marked by falling oil and commodity prices.
  • 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
    Practising 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 ...
  • 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 and export controls.
  • 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, closed-end funds, private investment funds, labour-sponsored or venture capital funds and scholarship ...
  • Authors(s): Lexpert Staff
    Labour Relations lawyers advise employers, organized labour and individual employees in grievance and arbitration proceedings under federal and provincial law. They appear before courts and labour relations boards, negotiate collective agreements, assist with workforce planning including ...
  • 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 parties.
  • 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
    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 patent litigation settlements, anti-competitive activities by patent owners, and patent trolls.
  • 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 product liability cases.
  • 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 Securities Commission proceedings) are not necessarily precluded from bringing class actions against the ...
  • This article highlights areas where claims arise post-closing in private M&A transactions and identifies the key terms in purchase agreements that address post-closing issues.
  • 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, Norway, and the United States in promoting transparency and accountability in the extractive sector by ...
  • Authors(s): Lexpert Staff
    A Pensions & Employee Benefits practice includes structuring and establishing pension and benefit plans; group insurance arrangements; taxation; fiduciary responsibilities; surplus entitlement issues; advice on the implications of planned mergers, acquisitions, reorganizations, spin-offs and ...
  • 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.
  • 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.
  • 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
    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.
  • Authors(s): Lexpert Staff
    Online behavioural advertising (OBA) has become a popular part of the business model for many organizations. It can also be an intrusion on privacy.