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Davis LLP Securities & Corporate Finance Bulletin | May 2013
Introduction
The Ontario Securities Commission and a veteran investment banker, Richard Moore, recently reached a settlement agreement regarding claims by the OSC of improper securities trading by [more]
Davis LLP partner John Rogers and student-at-law Rosalind Pyper are contributors to the "Ask a Legal Expert" column in the May/June 2013 issue of FranchiseCanada magazine. In the featured [more]
Davis LLP Banking & Financial Services Bulletin | May 2013
Introduction
The Office of the Superintendent of Financial Institutions (“OSFI”) issued the ‘final’ version of its Capital Adequacy Requirements Guideline (the “Final [more]
Davis LLP International Law & Trade Bulletin | May 2013
On March 4, 2013, Brazil acceded to the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”) and became its 79th Contracting State [more]
Following up on our bulletin of May 2010, the government brought into force the remaining provisions of the Forestry Service Providers Protection Act (“FSPPA” or “Act”) on April [more]
Davis LLP Banking & Financial Services Bulletin | April 2013
Important Note: the deadline for compliance with certain rules is May 1, 2013
The International Swaps and Derivatives Association (“ISDA”) released the August 2012 Dodd-Frank Protocol [more]
Davis LLP Securities & Corporate Finance Bulletin | April 2013
Introduction
The Canadian Securities Administrators have published proposed National Instrument 62-105 Security Holder Rights Plans and the proposed companion policy (the “CSA Proposal”) [more]
Davis LLP Banking & Financial Services Bulletin | April 2013
In recent years, manufacturers and lessors of heavy industrial equipment have installed sophisticated systems into their units which require a computer code be entered in order for the equipment to operate [more]
Davis LLP's Richard Press has prepared a compliance checklist identifying the business processes, risks and control activities in relation to the employment laws of British Columbia. [more]
In this article we provide a brief overview of the implications of ending an employment relationship in British Columbia.
An employer may end an employment relationship: [a] with just cause, or [b] [more]
Davis LLP Securities & Corporate Finance Bulletin | March 2013
The Canadian Securities Administrators (the “CSA”) have published for comment proposed amendments to Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids (“MI 62-104”), [more]
With so many couples separating and divorcing, it is important for the general public to know that on March 18, 2013 there will be a dramatic change in the family laws of B.C. The Family Law Act will [more]
British Columbia's new Family Law Act comes into force on March 18, 2013. From this day on, couples who are not married but “cohabiting” or in a “marriage-like” relationship [more]
The United States Supreme Court takes a new approach on the standards for certification.
The class action is a litigation technique that lends itself well to claims by security-holders against issuers [more]
Davis LLP Employment & Labour Law Bulletin | March 2013
IN THIS ISSUE
Employee’s Mitigation. The Alberta Court of Queen’s Bench deducted two months from a 24-month notice period for the potential that a 50-year-old professional engineer [more]
The Association of BC Forest Professionals is the professional regulatory body for the forestry profession in the province of British Columbia. In the March/April 2013 issue of BC Forest Professional [more]
Davis LLP's Adrienne Woodyard writes about the tax risks of business travel for non-resident employers and employees in the March 15, 2013 issue of The Lawyers Weekly.
Read the full story on [more]
Davis LLP International Law & Trade Bulletin | March 2013
Brazilian companies, Brazilian individuals, and foreigners residing temporarily or permanently in Brazil who have assets abroad must submit the Declaration of Brazilian Capital Abroad (Declaração [more]
Davis LLP Employment & Labour Law Bulletin | March 2013
Can a Partner Also be an Employee?
Supreme Court of Canada grants Leave to Appeal in McCormick v. Fasken Martineau Dumoulin LLP.
Background
Until 2009, Michael McCormick was an equity partner [more]
As outlined in our May 2011 bulletin "Are You Prepared for Canada's New Anti-Spam Law?", almost every business and organization in Canada will be affected by Canada’s new anti-spam [more]
Davis LLP Securities & Corporate Finance Bulletin | May 2013
Introduction
The Ontario Securities Commission and a veteran investment banker, Richard Moore, recently reached a settlement agreement regarding claims by the OSC of improper securities trading by [more]
Davis LLP partner John Rogers and student-at-law Rosalind Pyper are contributors to the "Ask a Legal Expert" column in the May/June 2013 issue of FranchiseCanada magazine. In the featured [more]
Davis LLP Banking & Financial Services Bulletin | May 2013
Introduction
The Office of the Superintendent of Financial Institutions (“OSFI”) issued the ‘final’ version of its Capital Adequacy Requirements Guideline (the “Final [more]
Davis LLP International Law & Trade Bulletin | May 2013
On March 4, 2013, Brazil acceded to the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”) and became its 79th Contracting State [more]
Following up on our bulletin of May 2010, the government brought into force the remaining provisions of the Forestry Service Providers Protection Act (“FSPPA” or “Act”) on April [more]
Davis LLP Banking & Financial Services Bulletin | April 2013
Important Note: the deadline for compliance with certain rules is May 1, 2013
The International Swaps and Derivatives Association (“ISDA”) released the August 2012 Dodd-Frank Protocol [more]
Davis LLP Securities & Corporate Finance Bulletin | April 2013
Introduction
The Canadian Securities Administrators have published proposed National Instrument 62-105 Security Holder Rights Plans and the proposed companion policy (the “CSA Proposal”) [more]
Davis LLP Banking & Financial Services Bulletin | April 2013
In recent years, manufacturers and lessors of heavy industrial equipment have installed sophisticated systems into their units which require a computer code be entered in order for the equipment to operate [more]
Davis LLP's Richard Press has prepared a compliance checklist identifying the business processes, risks and control activities in relation to the employment laws of British Columbia. [more]
In this article we provide a brief overview of the implications of ending an employment relationship in British Columbia.
An employer may end an employment relationship: [a] with just cause, or [b] [more]
Davis LLP Securities & Corporate Finance Bulletin | March 2013
The Canadian Securities Administrators (the “CSA”) have published for comment proposed amendments to Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids (“MI 62-104”), [more]
With so many couples separating and divorcing, it is important for the general public to know that on March 18, 2013 there will be a dramatic change in the family laws of B.C. The Family Law Act will [more]
British Columbia's new Family Law Act comes into force on March 18, 2013. From this day on, couples who are not married but “cohabiting” or in a “marriage-like” relationship [more]
The United States Supreme Court takes a new approach on the standards for certification.
The class action is a litigation technique that lends itself well to claims by security-holders against issuers [more]
Davis LLP Employment & Labour Law Bulletin | March 2013
IN THIS ISSUE
Employee’s Mitigation. The Alberta Court of Queen’s Bench deducted two months from a 24-month notice period for the potential that a 50-year-old professional engineer [more]
The Association of BC Forest Professionals is the professional regulatory body for the forestry profession in the province of British Columbia. In the March/April 2013 issue of BC Forest Professional [more]
Davis LLP's Adrienne Woodyard writes about the tax risks of business travel for non-resident employers and employees in the March 15, 2013 issue of The Lawyers Weekly.
Read the full story on [more]
Davis LLP International Law & Trade Bulletin | March 2013
Brazilian companies, Brazilian individuals, and foreigners residing temporarily or permanently in Brazil who have assets abroad must submit the Declaration of Brazilian Capital Abroad (Declaração [more]
Davis LLP Employment & Labour Law Bulletin | March 2013
Can a Partner Also be an Employee?
Supreme Court of Canada grants Leave to Appeal in McCormick v. Fasken Martineau Dumoulin LLP.
Background
Until 2009, Michael McCormick was an equity partner [more]
As outlined in our May 2011 bulletin "Are You Prepared for Canada's New Anti-Spam Law?", almost every business and organization in Canada will be affected by Canada’s new anti-spam [more]
In addition to email, social networking websites (such as Facebook, MySpace, Google+, Twitter, and LinkedIn) have become the established norm for communication and maintaining relationships. While these [more]
Random drug and alcohol testing in the workplace is a safety issue that continues to test the boundaries of privacy rights of employees. There are two current cases that will help to clarify the current [more]
If passed, Bill C-475 would lead to mandatory reporting of information security breaches.
On February 26, 2013, First Reading was given to Bill C-475, which, if passed, would amend PIPEDA to require [more]
An interesting case is unfolding in Ontario where Megaupload Ltd. (a cloud storage provider) and Equinix Inc. are facing potential seizure orders for data on 32 cloud computing servers located in Canada [more]
Introduction
The British Columbia Information & Privacy Commissioner has recently released her decision in Schindler Elevator Corporation 2012 BCIPC No. 25 (“Schindler”).
In Schindler, [more]
In March 2012, Google changed its privacy policies to combine the data of individual users of 60 internet services such as YouTube, Gmail and social network Google+. Users were not provided with an opportunity [more]
Canadians who are thinking of regularly spending time in the United States often share two common concerns: Will they become subject to income tax or other reporting to the U.S.? And will they become [more]
So, you married an American.
The good news is that it is definitely better than marrying an axe murderer, but cross-border couples – Canadian families that have one spouse who is an American [more]
In this article, Shane Onufrechuk – Senior Tax Advisor at Davis LLP – identifies some of the more "unexpected and unusual elements" in Finance Canada's 947-page Notice of Ways [more]
Davis LLP Employment & Labour Law Bulletin | February 2013
Employers should pay close attention to a recent decision of the Federal Court on whether an employee’s parental childcare obligations are included in the term “family status” under [more]
Davis LLP Pensions & Benefits Bulletin | February 2013
* A version of this bulletin appears in the National Creditor Debtor Review, Vol. 28, No. 1, March 2013.*
The Supreme Court of Canada’s decision in the case of Re Indalex Ltd. [2013] SCC 6 [more]
Davis LLP International Corporate Governance Bulletin | February 2013
Federal government proposes three key amendments to the Corruption of Foreign Public Officials Act
This week, the Federal Government tabled Bill S-14 in the Senate to amend the Corruption of Foreign [more]
Davis LLP Employment & Labour Law Bulletin | February 2013
By January 1, 2014, Ontario employers will be required to ensure that all workers and supervisors in all Ontario workplaces covered by the Occupational Health and Safety Act receive mandatory health [more]
Davis LLP Franchise & Distribution Bulletin | February 2013
On February 5, 2013, the British Columbia (BC) Branch of the Canadian Bar Association issued an “Agenda for Justice” which includes the following recommendations for legislation to the Government [more]
Davis LLP Securities & Corporate Finance Bulletin | February 2013
On December 17, 2012, the Toronto Stock Exchange and the TSX Venture Exchange released a Consultation Paper on Emerging Market Issuers (the “Consultation Paper”). The main purposes of the [more]
Canadian Franchise Association Franchise Law Day Conference | February 2013
Bill Hearn and John Rogers of Davis LLP co-presented with John Chimienti of Canadian Tire Corporation at the Canadian Franchise Association’s Annual Law Day Conference on January 31, 2013.
Titled [more]
The Canadian Institute’s 19th Annual Advertising and Marketing Law Conference | January 2013
In this presentation to the Canadian Institute’s 19th Annual Advertising and Marketing Law Conference in Toronto on January 24, 2013, Bill Hearn of Davis LLP, Jolan Storch of the Canadian Olympic [more]
The much-anticipated judgment in R v. Dunn, in which the former CEO, CFO, and Controller of Nortel Networks were prosecuted for fraud in association with inaccuracies in Nortel’s reported financial [more]
This informative chapter provides important information on the aviation sector in Canada.
Laura Safran, Q.C., with assistance from Prasad Taksal, has written the Canada chapter in Getting the [more]
Supreme Court Law Review, Volume 58 | January 2013
Will Our Charter Past Become an Obstacle to Our Charter Future?
Davis LLP associate counsel Sheila Tucker co-wrote a paper entitled "Stare Decisis and Constitutional Supremacy," which was [more]
The Continuing Legal Education Society of British Columbia | 2013
Mary Hamilton, Sadie Wetzel and Peter W. Bogardus, Q.C. recently updated the popular Wills Precedents - An Annotated Guide (first written by Peter W. Bogardus Q.C. and Mary Hamilton and published [more]
The Continuing Legal Education Society of British Columbia | 2013
A comprehensive guide that provides effective estate planning strategies and tools for clients and their complex portfolios. Contributors from Davis LLP include Dennis Yee and Kate Bake-Paterson, who [more]
The nature of the biotechnology and pharmaceutical industries create strong incentives for researchers, and the companies they work for, to find a short cut to developing cutting edge technologies and [more]
The Canadian government has announced revisions to Canada’s foreign investment guidelines, which are intended to clarify the review process for investments by foreign state-owned enterprises (“SOE&r [more]
Davis LLP Banking & Financial Services Bulletin | December 2012
1. Introduction
The Canadian Securities Administrators OTC Derivatives Committee published on December 6, 2012 two model rules (the “Model Rules”) concerning the classification of derivatives [more]
Davis LLP Securities & Corporate Finance Bulletin | December 2012
[ Download PDF - 64kb ]
Overview: Inmet's Hostile Bid for Petaquilla
On November 28, 2012, the BC Securities Commission gave its reasons for orders [more]
Davis LLP Employment & Labour Law Bulletin | December 2012
In a recent decision, Chief Justice Winkler of the Ontario Court of Appeal held that where an employment agreement specifies the amount payable to an employee on termination of employment, whether fixed [more]
Davis LLP Employment & Labour Law Bulletin | December 2012
The Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 has been in force for all employers in Ontario since January 1, 2012. If your organization employs 20 or [more]
Davis LLP Securities & Corporate Finance Bulletin | December 2012
Introduction
The Toronto Stock Exchange has announced new rules for director elections for listed issuers, which will come into effect on December 31, 2012. These new rules will apply to any meeting [more]
Hays Executive Breakfast Workshop Presentation | November 2012
In this presentation, delivered at the Vancouver Club on November 29, 2012, Scott Dunlop describes the business and legal objectives in written agreements, define essential terms, and explains the process [more]
Davis LLP's Doug Buchanan, Q.C. and Ian Bendell outline key issues to consider when selecting a law firm that has the appropriate experience in handling public private partnership transactions.
Introduc [more]
Trademark prosecution and enforcement are serious matters. But they can also be a lot of fun. From canned unicorn meat to ice cream to the "iPad" trademark, Davis LLP intellectual property [more]
Davis LLP Securities & Corporate Finance Bulletin | November 2012
[ Download PDF - 65kb ]
Introduction
On November 9, 2012, the Ontario Securities Commission released OSC Staff Notice 51-720 Issuer Guide for Companies [more]
Colloque annuel du Conseil des syndics de faillite | November 2012
Annie Claude Beauchemin and Julien Archambault co-presented on the recent jurisprudential development in bankruptcy (corporate and personal) and restructuring at the Colloque annuel du Conseil des syndics [more]
In the case of Jones v. Tsige, 2012 ONCA 32 the Ontario Court of Appeal established a new tort for invasion of personal privacy which it called the tort of “Intrusion upon Seclusion.” Dana [more]
British Columbia Court of Appeal's Education Seminar | November 2012
Davis LLP's Grace Choi, a partner in the Vancouver office's Family Law Group, presented the paper, "Three Issues Arising from the Property Division Sections of the New Family Law Act", [more]
Davis LLP Corporate / Commercial Bulletin | November 2012
Selling your business is a lot like selling your house: it should have “curb appeal” and pass a buyer’s “home inspection” with flying colours.
In this article, we will [more]
This paper was prepared for the Legal Education Society of Alberta and was delivered at the 2012 Land Mortgage Financing and Enforcement Fundamentals seminars in Edmonton and Calgary. [more]
Leading practitioners from Davis LLP have produced an informative overview of legal factors involved in operating a successful and compliant business in the province of Ontario.
From different types [more]
Leading practitioners from Davis LLP have produced an informative overview of legal factors involved in operating a successful and compliant business in the province of Alberta.
From different types [more]
Leading practitioners from Davis LLP have produced an informative overview of legal factors involved in operating a successful and compliant business in the province of British Columbia.
From different [more]
The Montreal office of Davis LLP has created an informative overview of legal factors involved in operating a successful and compliant business in the province of Quebec.
From the different types [more]
Association of Canadian Advertisers Webinar Series | October 2012
Hubert Sibre and Bill Hearn discuss the latest developments in Canadian laws, enforcement practices and industry guidelines regarding the use of disclaimers in advertising and what they mean for advertisers [more]
Davis LLP Employment & Labour Law Conference | October 2012
In this presentation, Allen Soltan and Justina Driedger review the wrongful dismissal case of Vernon v. British Columbia (Liquor Distribution Branch), 2012 BCSC 133 to illustrate important points [more]
Davis LLP Employment & Labour Law Conference | October 2012
In this paper, presented at the 2012 Davis LLP Employment & Labour Law Conference in Vancouver on October 26, 2012, Dan Black provides a checklist designed to assist employers to comply [more]
Davis LLP Employment & Labour Law Conference | October 2012
For many employees, the boundary between “working time” and “non-working” time has become increasingly fluid. Because of developments in cell phones, email, laptop computers, [more]
Davis LLP Employment & Labour Law Conference | October 2012
Maggie Campbell outlines the benefits and entitlements for employees taking maternity or parental leave and discusses the employer's duty to accommodate.
View the presentation below or download [more]
Davis LLP Employment & Labour Conference | October 2012
In this presentation, Richard Press looks at what has changed since the British Columbia government amended section 5.1 of the Workers Compensation Act on July 1, 2012 in an effort to tackle workplace [more]
Davis LLP Employment & Labour Law Conference | October 2012
Sheila Tucker discusses the scope of the definition of "personal information" for the purposes of privacy legislation.
View the presentation below or download a PDF.
Originally [more]
Davis LLP Employment & Labour Law Conference | October 2012
Tamara Hunter discusses the privacy concerns surrounding different types of background checks done by employers and looks at circumstances when certain checks may not be justifiable.
View the presentation [more]
Davis LLP Employment & Labour Law Conference | October 2012
This presentation looks at what should be included in an employee file and the critical role documentation plays if the employment relationship ends in litigation.
View the presentation below or [more]
Davis LLP Employment and Labour Law Bulletin | October 2012
Introduction
This bulletin provides an update on our June 11, 2012 Davis LLP Privacy Bulletin, Privacy of Employee Records on an Employer's System. It addresses a recent Supreme Court of Canada [more]
Davis LLP Environmental Law Bulletin | October 2012
Introduction
Provincial electronic product stewardship programs (“PSPs”), which require producers to take responsibility for disposal or recycling of their electronic products, are becoming [more]
Davis LLP Securities & Corporate Finance Bulletin | October 2012
Introduction
On September 13, 2012, the Canadian Securities Administrators (the “CSA”) published for comment the revised proposed National Instrument 51-103 Ongoing Governance and Disclosure [more]
Health and Sustainability in the Canadian Food System: Advocacy and Opportunity for Civil Society | October 2012
Sarah Robicheau explores how civil society organizations can work with government and exert significant influence on program development and policy changes in Health and Sustainability in the Canadian [more]
Obligations toward environmental stewardship come into full effect for manufacturers, distributors and retailers in B.C. lighting industry.
In the October 5, 2012 issue of Lawyers Weekly, Carlos [more]
This chapter, updated for 2013, provides answers to a series of questions on project finance in Canada, addressing a wide range of issues including collateral, foreign investment, offshore accounts, [more]
In the article "Brand Enforcement for Franchisors - Legal and Strategic Implications," published in the Franchise & Distribution Journal (Volume XVII, No. 2), David Spratley delves into [more]
Following the Privacy and Communication Directive issued by the European Union on the use of cookies – small pieces of data that are deposited in a user's web browser to track their online [more]
Asia Pacific Foundation of Canada, "Research Reports" series | September 2012
Donald Campbell co-authored the paper "Securing Canada's Place in Asia: Means, Institutions and Mechanisms" as part of the National Conversation on Asia initiative with fellow task force [more]
Davis LLP Employment & Labour Bulletin | September 2012
IN THIS ISSUE
Post-Termination Conduct. In Gillespie v 1200333 Alberta Ltd., Justice J.M. Ross concluded employers cannot rely on a breach of a Non-disclosure Agreement after termination to retroactivel [more]
Davis LLP Employment & Labour Bulletin | September 2012
The Ontario Ministry of Community and Social Services has just published its revised Draft Built Environment Standard under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) [more]
Davis LLP Corporate / Commercial Bulletin | August 2012
In July, Delaware’s Supreme Court released its written reasons for affirming the Delaware Court of Chancery's ruling in the Martin Marietta decision, which halted the unsolicited offer for [more]
Competition Tribunal ruling in contested merger case shows importance of competition law due diligence for transactional lawyers.
On May 29, 2012, the Competition Tribunal ordered CCS Corporation [more]
Davis LLP Employment & Labour Bulletin | July 2012
Co-authored with Melissa Gaul, Summer Student
A recent case from the Québec Court of Appeal dealing with non-compete agreements has significant implications for employers, particularly in [more]
Davis LLP Employment & Labour Bulletin | July 2012
B.C. Government passes Bill 14 in bid to tackle workplace bullying.
Effective July 1, 2012, the major provisions of the Workers Compensation Amendment Act, 2011, S.B.C. 2012, c. 23 came into force [more]
The Canadian Institute's Course on Managing Legal Risks in Running Online Contests | July 2012
This presentation by Bill Hearn and Darren Kirkwood discusses the laws, enforcement practices and industry guidelines regulating all contests (including those under the Criminal Code, Competition Act [more]
A look at five recently introduced pieces of health legislation in B.C. and their anticipated effects on health care providers and patients
Spring 2012 has seen the introduction of several new pieces [more]
Advertising Standards Canada Trends & Topics Seminar Series | June 2012
Disclaimers in advertising are commonplace but due care must be taken to ensure proper usage.
This presentation – delivered in Toronto on June 12, 2012 as part of the Advertising Standards [more]
The International Comparative Legal Guide to Pharmaceutical Advertising | June 2012
Bill Hearn and Samuel Schwartz provide an overview of the main laws, regulations, government policies, industry codes and best practices regarding pharmaceutical advertising in Canada.
This article [more]
2012 Osgoode Professional Development Program | June 2012
This paper provides a brief analysis of the basic principles underlying the employer's duty to accommodate employees with disabilities, followed by a survey of recent cases of interest on the duty [more]
Vancouver Foundation magazine, Spring 2012 issue | June 2012
Significant changes to the enduring power of attorney laws came into effect with B.C.'s new Power of Attorney Act.
Mary Hamilton of Davis LLP's Wills, Estates & Trusts Group responds [more]
Davis LLP Corporate / Commercial Bulletin | June 2012
Many inventors and businesses spend considerable time and resources developing new products or building customer bases. It is not surprising, and certainly justified, to see great care taken to ensure [more]
Davis LLP Litigation Breakfast Seminar | June 2012
A look at tools available in the litigation process for locating and securing debtors' assets, whether in Canada or overseas
This presentation addresses three main topics in using litigation [more]
Canadian Franchise Association Webinar | June 2012
This presentation first looks at how the duty to provide support to franchisees arises. It then looks at relevant case law, hypothetical cases and then outlines best practices.
This presentation [more]
Davis LLP Corporate / Commercial Bulletin | June 2012
Restrictive covenants, by their nature, are contrary to public policy and prima facie void. A restrictive covenant can be enforceable if it is reasonable as between the parties and in the public interest [more]
1. Background and Impact of the Amendment
This year, the Mining Act of Japan was amended for the first time in 61 years. The Mining Amendment Act came into force on January 21, 2012.
The Mining [more]
The Supreme Court of Canada recently heard, and has reserved judgment in, Her Majesty the Queen v. Richard Cole.
Cole involved a teacher who had stored photographs of a young nude female on a laptop [more]
How Technology Companies Can Protect Intellectual Property (IP)
To remain afloat in an intensely competitive industry, technology companies must take steps to protect their intellectual property [more]
Davis LLP Employment & Labour Conference | May 2012
On May 25, 2012, Davis LLP hosted its annual Employment & Labour Law Conference at the Arcadian Court in Toronto. Thirteen Davis lawyers were on hand to share their expertise on emerging trends and [more]
Canada and the United States have similar systems for registering and protecting trademarks, but important differences exist that might pose a trap for the unwary. Franchisors on one side of the [more]
Davis LLP Employment & Labour Conference | May 2012
On May 24, 2012, Davis LLP kicked off the Montréal leg of its annual Employment & Labour Law Conference at the Centre Mont-Royal with eight of its employment law experts. Pablo Guzman, Karen [more]
Davis LLP Banking & Financial Services Bulletin | May 2012
In August 2011, the Office of the Superintendent of Financial Institutions (Canada) (“OSFI”) released its Final Advisory (the “OSFI Advisory”) on non-viability contingent capital [more]
Recently the Federal Government introduced amendments to several environmental statutes through Bill C-38, titled the Jobs, Growth and Long-Term Prosperity Act, which received first reading on April [more]
Davis LLP Banking & Financial Services Bulletin | May 2012
Introduction
In February 2012, the Ontario Bar Association, Personal Property Security Law Subcommittee, submitted a proposal to both the Ministry of Consumer Services and the Ministry of Finance [more]
IN THIS ISSUE
Subsequent event evidence. The Alberta Court of Queen's Bench overturned a Provincial Court decision, noting the differences between after-acquired knowledge and post-termination [more]
Pinterest, an online photo-sharing community, has quickly grown into a social media phenomenon. Its explosive popularity has benefited many artists, photographers and businesses by bringing them excellent [more]
Dana Schindelka and Sharilyn Nagina discuss the applicable limitation period and other practical considerations when representing plaintiffs in civil sexual assault cases in the April 27, 2012 issue [more]
Background
The thin capitalization rules are designed to protect the Canadian tax base from erosion through excessive interest deductions in respect of debt owing by Canadian taxpayers to certain [more]
Davis LLP Corporate / Commercial Bulletin | April 2012
The Society Act
The Society Act has not been substantially revised since 1977. In December, 2009, the Ministry of Finance (“Ministry”) commenced a review of the Act by asking for suggestions [more]
Davis LLP Corporate / Commercial Bulletin | April 2012
The British Columbia legislature is in the process of making significant changes to the BC Business Corporations Act that, if adopted, will provide a new corporate vehicle for social enterprise operations [more]
Davis LLP Banking & Financial Services Bulletin | April 2012
The Federal government, in line with other states internationally, is considering steps to strengthen the anti-money laundering (“AML”) legislative regime, specifically the Proceeds of Crime [more]
Davis LLP Intellectual Property Bulletin | April 2012
Effective as of March 28, 2012 the Canadian Intellectual Property Office (CIPO) is accepting applications to register trade-marks consisting of sounds. These applications must contain a description of [more]
Davis LLP Employment & Labour Bulletin | March 2012
The Supreme Court of Canada has granted the union leave to appeal in the Irving Pulp & Paper case, in which the New Brunswick Court of Appeal decided that an employer can conduct random alcohol testing [more]
Transfer pricing practices by multinationals have come under Canada Revenue Agency’s (CRA) spotlight out of concern that they may be used inappropriately to shift profit to low-tax jurisdictions [more]
Davis LLP Aboriginal & First Nations Bulletin | March 2012
Recently, the Ministry of Northern Development and Mines (the “Ministry”) posted proposed regulations pursuant to section 176 of the Mining Act 1(the “Act”) on Ontario’s [more]
Davis LLP Environmental / Bankruptcy, Insolvency & Restructuring Bulletin | March 2012
Since Nortel Networks Corporation and a number of related companies (together, “Nortel”), initiated a reorganization under the Companies’ Creditors Arrangement Act (“CCAA”) [more]
This bulletin outlines numerous recent developments affecting the health sector covering the areas of constitutional law, procurement law and privacy law.
Constitutional Law News
Insite Constitutional [more]
Davis LLP Franchise & Distribution Bulletin | March 2012
On February 24, 2012, Justice Strathy of the Ontario Superior Court of Justice issued his judgment on motions for certification of a class proceeding and summary judgement in Fairview Donut Inc. v. The [more]
The Commons Institute Bankruptcy & Insolvency Law Conference | March 2012
This presentation provides background on the revelant aspects of insolvency and environmental law, including claims, stays, and environmental remediation. It then examines the issues as they pertain [more]
Notwithstanding the significant concerns expressed by regulators, such as the Commission Nationale de L'informatique et Des Libertes (CNIL), the Asia Pacific Privacy Authorities (APPA - which includes [more]
The Canadian Parliament gave First Reading to federal Bill C-12 in late September 2011 and, at the time of writing, no further progress has been made on this Bill. Bill C-12 proposes to amend the federal [more]
British Columbia FOIPPA was amended in the Fall of 2011 and it is now mandatory for public bodies (including many educational institutions, local government bodies, certain agencies, boards, crown corporations [more]
Environews - Canadian Bar Association | March 2012
Many environmental lawyers regularly work with environmental consultants who may ultimately act as expert witnesses. Many lawyers may also assume that nearly everything but the final report (such as [more]
The British Columbia Information and Privacy Commissioner has just released some cloud computing Guidelines for public bodies. Cloud computing (using the internet to process, manage and store data on [more]
There has been much written and said about the Ontario Court of Appeal’s January 18th decision in Jones vs. Tsige.1
The case made the front page of The Lawyer’s Weekly, February 3rd edition, [more]
April 1, 2013 is the start date for the reinstatement of GST+PST in B.C. The federal and provincial governments have announced that they will provide specific transitional rules. On Friday February 17, [more]
On February 9, 2012, the Ministry of the Environment (the “Ministry”) announced a number of changes relating to the Waste Diversion Act (the “Act”). These changes include regulatory [more]
Davis LLP Banking & Financial Services Bulletin | February 2012
Eagle Eye Investments Inc. v. CPC Networks Corp.
"When One Plus One Still Equals One"
Introduction
The numerous motions in the Saskatchewan Court of Queen’s Bench in Eagle [more]
Davis LLP Securities & Corporate Finance Bulletin | February 2012
Reporting issuers are subject to numerous continuous disclosure obligations under securities law in Canada. Some of the most challenging concepts to grapple with involve the ongoing requirement to disclose [more]
1. Outline of Amendment
On May 2, 2011, the law concerning an amendment to the Code of Civil Procedure (the “Code”) to clarify international jurisdiction was published (the “Amendment&rdqu [more]
On October 31, 2011, the Department of Finance proposed changes to the Income Tax Act that effectively put an end to the potentially advantageous tax planning strategy of having an employee agree to [more]
The Canadian Institute Financement et les Sûretés Conference | January 2012
This presentation provides an overview of:
What types of transactions are subject to the PPSA
How to create a security interest
The governing law in a multi-province transaction
Regist [more]
This paper is intended to provide franchisors and lawyers experienced in franchising with a broad overview of legal considerations relating to Canadian franchising and expansion of franchise systems [more]
Davis LLP Securities & Corporate Finance Bulletin | January 2012
Introduction
On December 29, 2011, the Canadian Securities Administrators (“CSA”) issued Revised CSA Staff Notice 51-327 Guidance on Oil and Gas Disclosure (the “Notice”) [more]
Davis LLP Environmental Law Bulletin | January 2012
The recent Ontario Court of Appeal decision in Smith v. Inco Limited has established new, narrower standards for the environmental torts of private nuisance and strict liability (known as the Rylands [more]
This article comments on new guidelines on tracking people’s online behaviour and building detailed profiles that are used to deliver targeted ads.
Authored by David Spratley, associate in [more]
Federated Press 8th Construction Financing Course | January 2012
This presentation reviews considerations for US lenders in Canada in terms of the Bank Act, the Income Tax Act, and the Canada-US Tax Treaty, as well as other statuatory considerations. It then [more]
Davis LLP Employment & Labour Bulletin | January 2012
IN THIS ISSUE
Non-competition agreements and the duty to mitigate. The Alberta Court of Queen’s Bench held that an employee who took personal time off after his dismissal was acting reasonably [more]
Davis LLP Securities & Corporate Finance Bulletin | January 2012
On December 22, 2011, the Supreme Court of Canada released its long-awaited decision regarding the federal government’s proposed Securities Act (the “Proposed Act”), which sought to [more]
Updated "Family Law" chapter of the 2008, 2009, 2010, 2011, 2012 Annual Review of Law & Practice for the Continuing Legal Education Society of British Columbia. [more]
Davis LLP Securities & Corporate Finance Bulletin | December 2011
Introduction
The Canadian Securities Administrators (the “CSA”) are conducting a review of the minimum amount prospectus exemption and the accredited investor prospectus exemption contained [more]
Infrastructure Investor's Infrastructure Law 2011Supplement | December 2011
This article discusses two pieces of legislation in Japan that will have a positive impact on the future development of infrastructure in Japan, including the development of renewable energy power generation [more]
Davis LLP's Garry Mancell, R.P.F., is editor of the industry publication An Annotated Guide to the Forest Practices Code and Forest Act.
Updated annually. [more]
This case commentary concerns a Federal Court of Appeal decision confirming the CRTC's authority to implement a "value for signal regime" under which local TV stations can negotiate with [more]
The 2001/2012 Lexpert CCCA Corporate Counsel Directory and Yearbook | November 2011
This article explains the doctrine of frustration and how it applies to employment law. It then outlines the connection between the duty to accommodate and the doctrine of frustration, in the context [more]
Association of Records Managers and Administrators Fall IM Days | November 2011
This presentation gives background on what is cloud computing. It then reviews the legal implications of cloud computing, and managing the risks of this technology, touching on litigation readiness, [more]
Davis LLP Litigation Breakfast Seminar Materials | November 2011
Cloud Computing offers companies the promise of convenient, on-demand, scalable network access without the need to maintain expensive internal IT staff and infrastructure.
Many companies have jumped [more]
A company’s most valuable assets are often its technology and the intellectual property rights in that technology. However, these assets could be underutilized or lost if they are not identified [more]
Ontario Bar Association Franchise Law Section Newsletter | November 2011
This article examines the employee / employer relationship between franchisors and the employees of a franchisee.
The article first appeared in the Ontario Bar Association Franchise Section Newsletter, [more]
Davis LLP Securities & Corporate Finance Bulletin | October 2011
The Canadian Securities Administrators (CSA) have finalized changes to the executive compensation disclosure requirements and these changes will apply to reporting issuers with respect to financial years [more]
Corporate directors and officers may be held personally liable under the Ontario Environmental Protection Act (“EPA”) for wrongdoings of the corporation unless they are able to provide substantial [more]
13th Credit Conference and Expo, National Association of Credit Management - Canada | October 2011
Hubert Sibre, Partner in Davis LLP's Montreal office, was the lunch speaker at NACM Canada's 13th Credit Conference and Expo on October 21, 2011. His presentation on Creativity explores how professional [more]
Davis LLP Pensions & Benefits Bulletin | October 2011
The Ontario Court of Appeal's decision in the case of Re Indalex Ltd. [2011] O.J. No. 1621 is important from the pension and benefits perspective for two reasons. First in regards to the dual roles [more]
Canadian Employment & Labour Conference 2011 - Vancouver | October 2011
This presentation discusses whether off duty conduct can impact the employment relationship. Generally, an employer has no authority over what employees do outside of the workplace. However, [more]
Davis LLP Charities & Not-for-Profit Bulletin | October 2011
After more than two years since it received royal assent, the new Canada Not-for-Profit Corporations Act (the “CNCA”) is in force as of October 17, 2011. The CNCA applies to all federally [more]
Davis LLP Securities & Corporate Finance Bulletin | October 2011
The Canadian Securities Administrators have published a Notice and Request for Comment in relation to Proposed National Instrument 51-103 Ongoing Governance And Disclosure Requirements for Venture Issuers [more]
Beyond Numbers, Institute of Chartered Accountants of British Columbia | October 2011
Shane Onufrechuk, CA, Senior Tax Advisor at Davis LLP, wrote "Tax Traps & Tips: Death and Taxes - CRA Creates Uncertainty" for the October 2011 issue of Beyond Numbers, a publication [more]
This chapter, updated for 2012, answers a series of questions regarding project finance in Canada, covering issues such as collateral, foreign investment, foreign currency, insurance, bankruptcy, [more]
This article focuses on the possible privatization, or partial privatization, of Japan's airports in light of a number of factors, such as the country's economic situation and the opening of [more]
Davis LLP Employment & Labour Alert | September 2011
On July 1, 2011, the Integrated Accessibility Regulation under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) came into force. Specific requirements will be phased [more]
Davis LLP Employment & Labour Alert | September 2011
Does the Occupational Health and Safety Act (the “Act”) apply if a customer dies in your workplace? The Ontario Labour Relations Board (the “OLRB”) and the Divisional Court may [more]
Davis LLP Securities & Corporate Finance Bulletin | September 2011
The announcement in the spring of 2011 of the proposed merger of the holding companies of the Toronto and London stock exchanges, the TMX Group Inc. and the London Stock Exchange Group plc, respectively, [more]
Davis LLP Climate Change & Renewable Energy Bulletin | September 2011
In Japan, in the wake of the serious nuclear event due to the massive earthquakes and tsunami, the use of renewable energy has been receiving remarkable attention from both public and private sectors [more]
Davis LLP Employment & Labour Bulletin | September 2011
In this issue:
The Alberta Court of Queen’s Bench considers novel factors in reducing a wrongful dismissal award made to a long term employee.
The Alberta Court of Appeal considers [more]
Davis LLP Taxation and Aboriginal Bulletin | August 2011
On July 22, 2011, the Supreme Court of Canada ("SCC") released two decisions that confirmed that certain investment income earned by an Indian (as that term is defined in the Indian Act) was [more]
Davis LLP Employment & Labour Bulletin | August 2011
In Brito v. Canac Kitchens, Justice Echlin of the Ontario Superior Court of Justice has made clearer the lengths to which an employer may have to go to make "whole" an employee who is terminated [more]
Davis LLP Corporate Commercial Bulletin | July 2011
While managing cash flow is always important, the recent economic turbulence has renewed interest in this topic. Businesses have begun to focus (to an even greater extent) on ensuring that clients [more]
Davis LLP Securities & Corporate Finance Bulletin | June 2011
Introduction
On June 30, 2011, amendments to National Instrument 43-101 Standards of Disclosure for Mineral Projects, Form 43-101F1 Technical Report, and Companion Policy 43-101 (collectively the [more]
Davis LLP Environmental, Energy, and Resources Bulletin | June 2011
Anyone working in the gas and oil pipeline sectors in Canada needs to be aware of the impending introduction of a new set of safety standards for those pipelines, and should consider both their own plans [more]
Ontario Skills Development Symposium Presentation | June 2011
In the context of student unions, this presentation touches on relevant legal terminology, the legal framework, legal status, directors duties, the standard of care, directors liabilities, and due diligence [more]
Dana Schindelka co-authored an article about Alberta's "drop dead" rule for Lawyers Weekly. The rule is one of the Rules of Court addressing applications for dismissal due to want of prosecution, [more]
