Recent Developments of Importance

  • Authors(s): Daniel Polowin
    Among the most daunting legal developments for companies doing business in Canada is Canada’s Anti-Spam Legislation (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 or ...
  • Authors(s): Daniel Polowin
    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): Daniel Polowin
    As the global payments landscape explodes with faster and more efficient systems, Canada is leading the pack with a host of changes underway to simplify, enhance, and speed up the way payments are made.
  • Authors(s): Daniel Polowin
    As Canada’s class actions regime has evolved, observers have commented on the pendulum of jurisprudence favouring plaintiffs, then defendants, then back again.
  • Authors(s): Daniel Polowin
    The three major international arbitration institutions, fiercely competitive with the courts, are—as it turns out—just as fiercely competitive amongst themselves.
  • Authors(s): Daniel Polowin
    In June 2018, the Canadian Minister of Finance issued Explanatory Notes Relating to the Excise Act.
  • Authors(s): Daniel Polowin
    The practice of Competition Law in Canada falls into two broad but distinct categories: solicitor (advisory) work, which includes merger analysis, and litigation.
  • Authors(s): Daniel Polowin
    Practitioners of Computer & IT Law advise clients and, for some, conduct litigation on a number of matters
  • Authors(s): Daniel Polowin
    While the construction sector has thus far escaped the sustained work-from-home regimens and sector-wide shutdowns other parts of the economy have seen during the COVID-19 pandemic, there have been other significant effects on construction projects and construction law.
  • Authors(s): Daniel Polowin
    On June 30, 2020, an amendment to the British Columbia Business Corporations Act (BCBCA) came into force creating a new type of corporate entity: the benefit company. A benefit company is obliged to carry out its business in a responsible and sustainable manner and to advance at least one public ...
  • Authors(s): Daniel Polowin
    The Canadian Securities Administrators has proposed new rules for securities crowdfunding. The proposed national instrument, which will harmonize the regulatory framework in British Columbia, Alberta, Saskatchewan, Manitoba, Québec, New Brunswick, and Nova Scotia, aims to boost the effectiveness of ...
  • Authors(s): Daniel Polowin
    Canada recorded $160 billion in deal activity in 2019, down 6 per cent from the $170 billion in deal value in 2018, according to a report from PwC Canada.
  • Authors(s): Daniel Polowin
    A 2015 decision of the Supreme Court of Canada (SCC) 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): Daniel Polowin
    In March 2020, the Supreme Court of Canada in its decision in MacDonald v. Canada re-affirmed the existing test for determining whether a derivative contract entered into by a taxpayer constituted a hedging transaction for Canadian income tax purposes.
  • Authors(s): Daniel Polowin
    While the novel coronavirus has affected every area of law, the changes to the employment law landscape in Canada have been profound. Much of Canada’s workforce has seen their terms of employment changed.
  • Authors(s): Daniel Polowin
    Months after cancelling hundreds of renewable energy contracts, the Ontario government introduced legislation on Thursday September 20, 2018, to scrap a law that aimed to bolster the province’s green energy industry.
  • Authors(s): Daniel Polowin
    In June 2020, the Canadian Association of Petroleum Producers estimated that $23.3 billion would be spent in the oil and gas production sector in Canada for the year, down from the roughly $37 billion they forecasted at the beginning of the year.
  • Authors(s): Daniel Polowin
    Esports are organized, competitive—and often professional—videogaming. The Canadian market saw evidence of the growing relevance of esports in the landmark merger between Aquilini GameCo Inc. and Luminosity Gaming Inc., which was followed by an amalgamation with J55 Capital Corp and an arrangement ...
  • Authors(s): Daniel Polowin
    In September 2020, the Supreme Court of Canada heard references on the constitutional validity of the federal Greenhouse Gas Pollution Pricing Act, which establishes minimum national standards for greenhouse gas pricing in Canada to meet emission reduction targets under the Paris Agreement.
  • Authors(s): Daniel Polowin
    The Office of the Superintendent of Bankruptcy Canada (OSB) reported that personal insolvencies in Canada are at their highest level for the past decade, with 13,000 bankruptcies and proposals filed in October 2019. That was a 13 per cent increase compared to October 2018.
  • Authors(s): Daniel Polowin
    Canada is modernizing its patent regime to implement the Patent Law Treaty, and the new Patent Rules came into force on October 30, 2019. As set out in a news release by the Canadian Intellectual Property Office:
  • Authors(s): Daniel Polowin
    CETA; USMCA Replaces NAFTA; Brexit
  • Authors(s): Daniel Polowin
    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): Daniel Polowin
    For almost 30 years, the Supreme Court of Canada has been equivocating about the extent to which the constitutional rights to freedom of association and speech impact labour relations. Given the far-reaching effects of this jurisprudence on Canadian workplaces, uncertainty had become the norm. Most ...
  • Authors(s): Daniel Polowin
    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): Daniel Polowin
    The Québec Court of Appeal’s award of $2.4 million, including $1 million in punitive damages, in favour of a company destroyed by Revenue Québec’s abuse of its powers has gone a long way to imposing a duty of care on Canadian fiscal authorities.
  • Authors(s): Daniel Polowin
    Risk management presents the greatest exposure to personal liability that Canadian directors face, particularly in very large corporations. The difficulty is that directors are not compensated for and not expected to spend enough time to do a good job of advising on risk management. Yet, they are ...
  • Authors(s): Daniel Polowin
    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): Daniel Polowin
    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.
  • Authors(s): Daniel Polowin
    In a recent decision of the Supreme Court of Canada, a proposed cooperative pan-Canada securities regulator was found to be constitutional, overturning a finding of the Court of Appeal in Québec. Canada is one of the only developed countries in the world that does not have a national regulator to ...
  • Authors(s): Daniel Polowin
    While the Canadian M&A market has slowed, it remains quite active in the metals and mining industry, despite the COVID-19 pandemic.
  • Authors(s): Daniel Polowin
    In an interview with Lexpert® Magazine, Janice Walton, counsel at Blake Cassels & Graydon LLP in Vancouver, identified several changes to Canadian environmental law affecting the mining sector and trends that have been occurring for the past 30 years.
  • Authors(s): Daniel Polowin
    With more than 220 completed and ongoing public–private partnership projects (P3s) valued at nearly $100 billion on the books in Canada, P3s have become an increasingly entrenched way of financing infrastructure projects over the past 30 years. So much so that several provincial governments have ...
  • Authors(s): Daniel Polowin
    In 2019, the new Ontario government led by Premier Doug Ford and the Progressive Conservative Party of Ontario replaced the Ontario Municipal Board with a new tribunal, the Land Planning Appeal Tribunal (LPAT), as the independent adjudicative tribunal that conducts hearings and makes decisions on ...
  • Recent developments in Property Leasing
  • Authors(s): Daniel Polowin
    Payments Systems Modernization; COVID-19 and Tech Growth