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How Will Ontario’s Pay Transparency Act Affect Your Organization?

March 15, 2018

The Ontario government recently introduced Bill 203, the Pay Transparency Act, 2018 (Act) in the legislative assembly, in part to close the wage gap between men and women by ensuring that compensation is based on a job’s requirements and the candidate’s qualifications. More broadly, this legislation is part of a wider strategy aimed at increasing transparency in both hiring and…

Attorney General Electricity Battle Over PPAs in Alberta Comes to a Close

March 13, 2018

The Attorney General of Alberta (AG) and ENMAX have recently settled the legal proceedings brought in 2016 (AG Action) by the provincial government against several former buyers of power purchase arrangements (PPAs). The AG previously settled with various PPA buyers in November and December 2016. By a consent judgment filed March 9, 2018, the AG Action was dismissed against all…

Alberta Court Releases Precedent-Setting Decision on Insurers’ Right and Duty to Defend

March 13, 2018

In its recent decision in Temple Insurance Company v. Sazwan, the Court of Queen’s Bench of Alberta (Court) considered the scope of, and exceptions to, an insurer’s right and duty to defend. This is the first decision in Alberta to conclude that, in an appropriate case, an insurer may have to surrender its right and duty to defend to its…

Court Confirms that Priority of Receivers’ Charges is Discretionary

March 12, 2018

Justice R. Graesser of the Court of Queen’s Bench of Alberta (Court) recently released his decision in Royal Bank of Canada v. Reid-Built Homes Ltd. (Decision), where he held that the Court has the discretion, but not the obligation, to grant a super priority for receivers’ fees and disbursements ahead of the claims of secured creditors. The Decision also held…

Ontario Responds to “Buy American” Measures with the Fairness in Procurement Act, 2018

March 9, 2018

The Government of Ontario has passed the Fairness in Procurement Act, 2018 (Act) in response to measures taken in certain U.S. jurisdictions that restrict Ontario businesses’ opportunities to participate in public procurements. The Act is not yet in force in Ontario. However, when any regulations enacted under the Act come into effect there may be significant consequences for procuring entities…

Canada Signs the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

March 9, 2018

On March 8, 2018, Canada signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an agreement between the 11 remaining signatories to the Trans-Pacific Partnership (TPP) after the United States withdrew from the TPP. Canada was joined in signing the CPTPP by Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Upon entry into force, the…

Federal Court of Appeal Affirms Common Interest Privilege in Deal Context

March 8, 2018

On March 6, 2018, the Federal Court of Appeal (Court) released its reasons in Iggillis Holdings Inc. v. Canada (National Revenue) confirming common interest privilege as a valid exception to waiver in non-litigious circumstances. More specifically, in certain circumstances, parties with a common interest in the completion of a commercial transaction can share privileged legal advice with each other, on…

Update: Ontario Court Upholds That Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract

March 7, 2018

Brand owners have leveraged celebrity endorsements for decades, and while they can be valuable, they can also be risky. In the event of a celebrity scandal, a brand owner may wish to terminate its relationship with the celebrity in question. One way that a brand owner may justify termination of an endorsement contract is by relying on a morals clause….

Implementing the Environment Quality Act – Quebec Government Publishes 24 Draft Regulations

March 5, 2018

CONTEXT On February 14, 2018, the Government of Quebec published 24 draft regulations that seek to implement amendments to the Environment Quality Act (EQA), as part of the modernization of its environmental approval scheme. The new draft regulations follow the publication of the draft Regulation respecting the environmental impact assessment and review of certain projects on December 13, 2017. These…

SCC Provides Guidance on Trustees’ Duty to Disclose Construction Bonds to Beneficiaries

March 5, 2018

The Supreme Court of Canada (SCC) ruled in its recent decision, Valard Construction Ltd. v. Bird Construction Co. (Valard Construction), that an “obligee” or trustee under a labour and material payment bond (usually the owner or general contractor) may be required to disclose the bond’s existence to its beneficiaries (usually subcontractors). Prior to this decision, Canadian courts held that an…

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