Recent Developments of Importance

  • Authors(s): Lexpert Staff
    mong 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 Regulations). It has extra-territorial effect, applying whenever a computer located in Canada sends ...
  • 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. Cash flows from the pool ...
  • 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
    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 defense ...
  • 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 (ICC), 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
    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 practices in the marketplace. Its purpose is to maintain and encourage competition in Canada.
  • Authors(s): Lexpert Staff
    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 never happen.
  • Authors(s): Lexpert Staff
    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 Construction Lien Amendment Act, 2017 includes new prompt payment rules to ensure Ontario construction ...
  • Authors(s): Lexpert Staff
    Corporate commercial law is a broad area that can encompass several specialties, such as corporate finance, securities, and insolvency law.
  • Authors(s): Lexpert Staff
    Corporate finance & securities law includes financing vehicles or instruments, whether public or private, including IPOs, capital market equity offerings, installment receipt transactions, securities regulation and compliance, debt securities, bond issues, linked debt/equity instruments, structured ...
  • Authors(s): Lexpert Staff
    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. The nature of the businesses involved tends to include predominantly knowledge-based companies (technology, ...
  • Authors(s): Lexpert Staff
    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 and not penal in nature.
  • Authors(s): Lexpert Staff
    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
    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. The main obligations of the employer are to provide work agreed to, pay the remuneration, and provide ...
  • 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. Fortunately, everyone is well aware that oil & gas is a cyclical business, so negative circumstances like falling ...
  • Authors(s): Lexpert Staff
    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.
  • Authors(s): Lexpert Staff
    A few years ago, the Ontario Court of Appeal denied Inco’s request for some $5.3 million in costs arising from a landmark environmental action. Plaintiffs’ lawyers called the case “a very well written decision which makes it clear that section 31 of the Class Proceedings Act is alive and well.”
  • Indigenous law and policy continues to be at the heart of much political and legal debate across the country. This is a good moment to assess the evolution of that debate, which will help to put recent political, legislative, and legal decisions in context.
  • 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
    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 law 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 downsizing, and ...
  • 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. The origin of that duty, the Court stated in its 2015 decision in Bhasin v. Hryniew, could be ...
  • 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. But the decision also held that the existing regulatory regime governing federal lands in ...
  • Authors(s): Lexpert Staff
    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 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 ...
  • For nearly a decade, the Supreme Court of Canada’s ("the SCC") decision in Clements has been regarded as the leading case on causation. Counsel and Judges alike have cited Clements as authority for the analytical framework outlining the test of causation—the “but for” test. When read carefully, ...
  • 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 acquirers 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 an increasingly entrenched way of financing infrastructure projects over the past decade. So much so that several provincial ...
  • 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, and municipal law, which encompasses commercial, retail, and residential planning and land use work. Canada’s provincial governments have the ...
  • A bankrupt Tenant’s Landlord is entitled to a preferred claim pursuant to subsection 136(1)(f) of the Bankruptcy and Insolvency Act (Canada) (“BIA”), for accelerated rent for a period not exceeding three months (“Preferred Claim”), if such accelerated rent is provided under the lease. In 7636156 ...
  • 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 ...