Our bulletins, articles and newsletters highlight and review changes in legislation, describe developing issues, and analyze decisions - any of which might affect your personal or business matters. Use our Knowledge Center and "Search" feature to find publications relevant to you.
Davis LLP Environmental Law Bulletin | February 2012
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...
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...
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...
Davis LLP Japan Group Bulletin | January 2012
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...
Davis LLP Taxation Alert | January 2012
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...
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...
Davis LLP Article | January 2012
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...
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”)...
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...
The Lawyers Weekly | January 2012
An article written by David Spratley, associate in Davis LLP’s Vancouver office, was published in the January 20th, 2012 issue of Lawyers Weekly. In the article, “New guidelines for behavioural...
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...
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...
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...
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...
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...
Canada Law Book | December 2011
Editor of this publication, An Annotated Guide to the Forest Practices Code and Forest Act.
Updated annually.
For more details, please visit the Canada Law Book website.
November 2011
David Spratley and Tony Anderson (Articled Student) have written a case commentary about a Federal Court of Appeal decision confirming the CRTC's authority to implement a "value for signal regime"...
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...
Davis LLP Litigation Breakfast Seminar | 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...
The Lawyers Weekly | November 2011
Chris Bennett, Parter of Davis LLP's Vancouver office, authored this article that originally appeared in the November 18, 2011 issue of The Lawyers Weekly, published by LexisNexis Canada Inc.
A...
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,...
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...
Environmental Law Bulletin | October 2011
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...
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...
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...
Canadian Employment & Labour Conference 2011 - Vancouver | October 2011
Presented at the 2011 Canadian Employment & Labour Conference in Vancouver, October 2011.
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...
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...
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...
Getting the Deal Through | October 2011
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,...
Infrastructure Journal | September 2011
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
The Lawyers Weekly | May 2011
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,...
Davis LLP Banking & Financial Services Bulletin | April 2011
The Ontario Court of Appeal recently released its reasons for judgment in Citi Cards Canada Inc. v. Pleasance. The case involved a conflict between a creditor who wanted information about prior mortgages...
Infrastructure Journal | April 2011
The international infrastructure development and financing community has been watching the evolution of the private finance initiatives (PFIs) or public private partnerships (together with PFIs, collectively,...
Canadian Encyclopedic Digest | April 2011
Co-authored article first published in the Candian Encyclopedic Digest, April 2011.
Practice Made Perfect: The Continuing Legal Education Society of British Columbia | April 2011
Contributing Author to the 2011-2012 edition, current to April 1, 2011.
Also Contributing Author for the 2010-2011 and 2009-2010 editions.
For a link to the publication, please click here.
Banking Law Journal | March 2011
篠宮
The Lawyers Weekly | March 2011
This article outlines the facts and implications surrounding a recent decision in Maréchaux v. Canada concerning leveraged charitable donation programs.
This article was first published in...
February 2011
Adrienne Woodyard, of the Toronto office, shares valuable tips on how lawyers can best assist clients battling with the Canada Revenue Agency in her article, Taxing Litigation Matters."
For...
Davis LLP Environmental, Energy, and Resources Bulletin | February 2011
The Ontario Power Authority (“OPA”) launched its Feed-in Tariff (“FIT”) program on October 1, 2009. The response to the FIT program has been greater than expected. In part because...
Davis LLP Business Solutions & Restructuring Law Bulletin | February 2011
Mary Buttery has won an important case for Century Services Inc.
On December 26, 2010, the Supreme Court of Canada held in Century Services Inc. v. Canada (Attorney General) that the Crown does not...
Davis LLP Aboriginal Law Bulletin | January 2011
Bill C-3: Gender Equity and the Indian Registration Act, amends provisions of the Indian Act that the British Columbia Court of Appeal found to be unconstitutional in the case of McIvor et al. v. The...
Davis LLP Securities & Corporate Finance Bulletin | January 2011
The Canadian Securities Administrators have released Staff Notice 51-333 Environmental Reporting Guidance. As anticipated in the Davis LLP bulletin of May 2010, this new CSA Staff Notice provides...
Davis LLP Employment & Labour Bulletin | January 2011
In this issue:
The Alberta Court of Queen’s Bench considers the use of confidential information by a former employee in a competing business venture.
Alberta Courts consider the availability...
Reel West | 2011
R & S: Do you obtain any trademark protection in a name by incorporating a company with that name (or filing a declaration of partnership for a proprietorship)?
No. Incorporation...
The Advocates' E-Brief | December 2010
This article reviews the terms of the Voluntary Disclosure Program ("VDP") which is available under the Canadian tax regime. It was revamped in 2007 and the rules have been tightened,...
Davis LLP Project Finance, Infrastructure and PPP Bulletin | December 2010
On November 9, 2010, Vietnam’s Prime Minister approved a new PPP regulation entitled “Regulation on Public-Private Partnership Investment Piloting” (the “New Regulation”),...
Infrastructure Investor's Infrastructure Law 2010 Supplement | December 2010
Foreign investments in Canada are subject to the federal Investment Canada Act together with various federal and provincial sector-specific restrictions. This article outlines the regulatory regimes...
Davis LLP Business Solutions & Restructuring Bulletin | December 2010
In an important recent decision of the BC Court of Appeal, Davis LLP successfully represented its clients Century McMynn Leasing Partnership and GE Finance in Re Perimeter Transportation Ltd., 2010 BCCA...
Davis LLP Franchise & Distribution Bulletin | November 2010
Canada and the United States have similar systems for registering and protecting trade-marks, and franchisors need to be aware of the procedures used in both countries when establishing businesses on...
Davis LLP Securities & Corporate Finance Bulletin | November 2010
The federal government continues to press ahead with the proposed creation of a national securities regulator. So far in 2010, Finance Minister Jim Flaherty released in May a proposed draft Canadian...
Davis LLP Franchise & Distribution Bulletin | November 2010
This bulletin outlines five steps US franchisors and US franchise counsel can take with respect to operations in Canada in an effort to avoid litigation.
Davis LLP Franchise & Distribution Bulletin | November 2010
In Ontario, a franchisor’s disclosure obligation does not end once it has created its first disclosure document. In fact, a disclosure document may need updating every time it is to be given to...
Davis LLP Publication | November 2010
This questionnaire helps those who are in the process of preparing a will to document and organize information about their family, assets, and decisions.
Please call us if you have any questions...
The Lawyers Weekly | November 2010
Co-authored article first published in The Lawyer's Weekly, Vol. 30, No. 25, November 2010.
Davis LLP Securities & Corporate Finance Bulletin | November 2010
The new insider reporting regime for Canada, which was brought in on April 30, 2010 in the form of National Instrument 55-104 - Insider Reporting Requirements and Exemptions (NI 55-104) and the...
Davis LLP Quebec Matters Bulletin | November 2010
On October 19, 2010, the Québec National Assembly adopted Bill No. 115, An Act following upon the court decisions on the language of instruction (“Bill 115”). While most of the local...
October 2010
(Federated Press, Calgary, October 2010)
International Bar Association Conference - Project Finance Section - Presentation | October 2010
This content is derived from a presentation given at the International Bar Association Conference, Project Finance Section, held in Vancouver in October 2012.
Meetig the Goals of the Project
One...
October 2010
The October 14, 2010 decision of the Federal Court of Canada in Amazon.com, Inc., v. The Attorney General of Canada and the Commissioner of Patents 1 has explicitly confirmed that under appropriate circumstance...
The 2010/2011 Lexpert CCCA Corporate Counsel Directory and Yearbook | October 2010
Climate change and its physical and regulatory effects are here to stay and business needs to adapt, identify the risks and opportunities and develop protocols to manage them.
This article...
Getting the Deal Through | October 2010
This chapter answers a series of questions regarding project finance in Canada, covering issues such as collateral, foreign investment, foreign currency, insurance, bankruptcy, natural resources...
Davis LLP Employment & Labour Bulletin | September 2010
In this issue:
The Ontario Court of Appeal examines the distinction between employee, dependant contractor and independent contractor.
Ontario and Alberta courts consider the availability...
September 2010
Our previous article in the CBA Privacy Pages, “Supreme Court of Canada Decision in the Blood Tribe Case and Solicitor-Client Privilege”, discussed the Supreme Court of Canada decision Canada...
Davis LLP Immigration Law Bulletin | September 2010
On Saturday June 26, 2010 there were several major changes in Canadian immigration law. There were changes to Federal Investor, Federal Skilled Worker and Canadian Experience Class categories.
In...
Davis LLP Article | September 2010
A legal team from Davis LLP was responsible for a “major legal victory” for Canada’s Inuit that was delivered in a Nunavut courtroom on August 8th, 2010. Representing the Qikiqtani...
September 2010
Co-author of article entitled "Why litigators shouldn't overlook the duty of good faith", The Lawyers Weekly, September 3, 2010 issue.
Davis LLP Employment & Labour Bulletin | September 2010
On Friday, August 27, 2010, the Alberta Court of Appeal issued a decision pertaining to injury to reputation and goodwill that will be of interest to employers across Canada.
This bulletin reviews...
September 2010
Paper on Retirement Homes Act, 2010.
Davis LLP Article | August 2010
Too frequently difficult family or financial situations arise which could have been avoided by a few moments of careful planning. The planning might result in something as simple as the appointment of...
The Competition Policy International (CPI) Antitrust Journal | August 2010
In addition to the myriad of sector-specific restrictions on foreign ownership, investments in Canada may also be subject to review under the Competition Act to ensure competition is not “lessened...
August 2010
Hockey coaches in Canada teach kids a fundamental lesson at an early age: you have to keep your head up when you have the puck. If you don’t, you’ll end up on your back in a world of hurt...
Davis LLP Privacy Compliance Bulletin | July 2010
Employers often wish to communicate in some way with remaining employees when an employee leaves the organization in order to ease concerns they may have about another employee's departure (voluntary...
Davis LLP Securities & Corporate Finance Bulletin | July 2010
The Canadian Securities Administrators (CSA) have published for comment proposed revisions to National Instrument 43-101 - Standards of Disclosure for Mineral Projects (NI 43-101). These...
July 2010
Organizations in Alberta that utilize service providers outside Canada to manage personal information should be aware of several recent amendments made to Alberta’s Personal Information Protection...
Davis LLP Franchise & Distribution Bulletin | July 2010
The stated purpose of franchise legislation in Canada is to ensure the disclosure of pertinent information by franchisors to prospective franchisees and, to some extent, to alleviate the power imbalance...
Davis LLP Banking & Financial Services Bulletin | June 2010
A recent decision of the Alberta Queen’s Bench has raised some questions about purchase-money security interest (“PMSI”) proceeds and cross-collateralization of assets secured...
Davis LLP Environmental, Energy, and Resources Bulletin | June 2010
Over 8 months have passed since the last pieces of Ontario’s landmark Green Energy and Green Economy Act, 2009 (the “Green Energy Act”) fell into place. The past several months...
Beyond Numbers, Institute of Chartered Accountants of British Columbia | June 2010
Shane Onufrechuk, CA, Senior Tax Advisor at Davis LLP authored "Tax Traps & Tips: Why It Pays to Stay 'Connected'", in the June 2010 edition of Beyond Numbers, a publication of...
June 2010
Not long ago, in the U.S., police reportedly picked up a boy who had apparently borrowed his parents’ car in the middle of the night to rent a video game. An officer became suspicious when he spotted...
June 2010
First published in The Lawyers Weekly, June 2010.
Social network sites such as Facebook, LinkedIn and Twitter have become very popular. With this popularity has come a diversified and expanded...
May 2010
First published in The Lawyers Weekly, May 7, 2010
Owners of a new technology commonly have to choose between keeping an invention secret or seeking patent protection forit. The two options...
Davis LLP Securities & Corporate Finance Bulletin | May 2010
This bulletin outlines the developments on both sides of the border regarding disclosure requirements for reporting issuers in the areas of environmental disclosure and climate change. In Canada, the...
Davis LLP Employment & Labour Bulletin | May 2010
In this issue we review:
a case involving employee sexual harassment where the Alberta Court of Queen's Bench determined that there was "sufficient" evidence to support a...
Davis LLP Forestry Bulletin | May 2010
Delivering on a promise first made at the Truck Loggers convention in January, 2009, the government introduced Bill 21, the “Forestry Service Providers Protection Act” for a first reading...
Canadian Franchise Association 2010 National Convention | May 2010
This presentation reviews three key issues that must be addressed when expanding to Québec:
Québec’s civil law rules;
Québec’s language laws; and
Québ...
April 2010
On May 1, 2010 amendments to Alberta’s privacy legislation come into effect. The Personal Information Protection Amendment Act will include Canada’s first mandatory breach notification...
Davis LLP Securities & Corporate Finance Bulletin | April 2010
A new, harmonized insider reporting regime for Canada will become effective on April 30, 2010, in the form of National Instrument 55-104 - Insider Reporting Requirements and Exemptions (NI 55-104)...
Canadian Competition Record | April 2010
On June 29, 2009, the U.S. Supreme Court granted American Needle, Inc.’s petition for certiorari to review the Seventh Circuit Court of Appeals’ decision in American Needle, Inc. v. National...
Davis LLP Forestry Bulletin | April 2010
On April 26, 2010, the provincial government introduced Bill 13 - Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010 to the legislature. Once passed it will amend forestry...
April 2010
Presentation from the Six Minute Business Lawyer.
Download the PDF below to read more.
March 2010
Davis LLP Patent Bulletin and also Lexology, Euan Taylor, March 10, 2010.
If it is worth applying for a patent in the US, then there are good reasons to also apply in
Canada.
Business Law Today | March 2010
This article provides an overview of the areas that a U.S. franchisor that wants to expand to Canada must understand, including:
who will run the Canadian operation?;
"Canadianizing"...
March 2010
(Federated Press, Vancouver, March 2010).
(Federated Press, Calgary, 2008).
(Federated Press, Vancouver, 2008).
March 2010
Co-authored with David Nathanson, The Globe and Mail, Report on Business, March 26, 2010.
Read Taxman missing the boat on offshore income online.
March 2010
Co-authored with David Nathanson, The Lawyers Weekly, March 19, 2010.
Read How Taxpayers with Money Offshore Can Come Clean online.
Continuing Legal Education BC | March 2010
"A Brief Note on Merger Review under the Competition Act", Canada's New Competition and Foreign Investment Law, Vancouver, BC, The Continuing Legal Education Society of British Columbia...
March 2010
If it is worth applying for a patent in the US, then there are good reasons to also apply in
Canada.
Download the PDF below to read more.
Davis LLP Competition & Antitrust Bulletin | March 2010
Effective March 12, 2010, the new “per se” conspiracy offence under the Competition Act will come into effect. Agreements or arrangements between competitors to fix prices, allocate markets...
March 2010
Anticipated amendments to the Canadian Patent Rules are expected to come into effect on October 1, 2010. Those amendments include changes to the existing requirement to file a Declaration of the basis...
