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Ontario Court Upholds Ruling Reducing Exaggerated Lien

August 18, 2017

The Ontario Superior Court of Justice (Divisional Court) recently released its decision in HMI Construction Inc. v. Index Energy Mills Road Corp., upholding a motion decision that reduces the security required to vacate liens registered under the Construction Lien Act (CLA). The decision illustrates the importance for contractors to correctly calculate their lien claims, the remedies available to an owner…

Mandatory Clearing of OTC Derivatives Delayed for Certain Entities

August 17, 2017

The Canadian Securities Administrators (CSA) have taken steps to postpone until August 20, 2018 the phase-in date of the mandatory clearing requirements set out in National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (NI 94-101) for certain categories of counterparties. The delay in the application of the rule to these counterparties will not affect transactions and counterparties that are…

Quebec Amends its Energy Efficiency Regulations and Moves Towards Implementation of 2030 Energy Policy

August 16, 2017

On August 15, 2017, the Regulation respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances (Quebec Regulations) was amended in order to eliminate and reduce disparities with the energy efficiency regulatory requirements applicable to appliances at the federal level (Federal Regime). The amendment to the Quebec Regulations notably extends the scope of appliances that it covers, in addition to increasing…

OSFI Issues Draft Guideline for Derivatives Sound Practices for Federally Regulated Private Pension Plans

August 8, 2017

On July 31, 2017, the Office of the Superintendent of Financial Institutions Canada (OSFI) published for comment a new draft guideline, titled: Derivatives Sound Practices for Federally Regulated Private Pension Plans (Draft Guideline). According to OSFI, the new Draft Guideline is intended to outline factors that OSFI expects administrators of federally regulated pension plans to consider as they develop and…

Lobbying Legislation in Canada: Roundup of Summer Developments

August 3, 2017

It’s been a busy summer for lobbying law in Canada. With the recent enactment of lobbying legislation in New Brunswick, almost all Canadian jurisdictions now have some form of lobbying law, other than the three territories and Prince Edward Island (lobbying legislation was proposed in the Legislative Assembly of Prince Edward Island in late December). Many municipalities have also now…

Lien on Me: B.C. Court Cancels Builder’s Lien Due to Procedural Misstep

August 2, 2017

In Scandia Paving Ltd. v. Bengag (Scandia Paving), the Supreme Court of British Columbia (Court) cancelled the plaintiff’s builder’s lien because the plaintiff commenced its enforcement action in the wrong court registry. The Court had discretion to preserve the lien by transferring the action to the correct court registry, but declined to do so, principally due to the plaintiff’s failure…

Regulators Shine Spotlight on Material Conflict of Interest Transactions

July 28, 2017

On July 27, 2017, the Canadian Securities Administrators (CSA) published Multilateral Staff Notice 61-302 Staff Review and Commentary on Multilateral Instrument 61-101 Protection of Minority Security Holders in Special Transactions, which reported on the review of material conflict of interest transactions by staff of the applicable CSA members (Staff) and discussed Staff’s views on the role of boards of directors…

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

July 27, 2017

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum Geo‑Services Inc. (Clyde River) and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. (Chippewas). The decisions are significant in clarifying the law in relation…

Who Is My Neighbour? Ontario Court Rejects a Duty of Care to Employees of Foreign Suppliers

July 24, 2017

The Ontario Superior Court of Justice recently dismissed a proposed class action arising out of the collapse of a manufacturing facility in Bangladesh. On July 5, 2017, in Das v. George Weston Limited (Das), the court found that under either Bangladesh or Ontario law, putative class members had no legally viable claims against the defendants. The decision raises several local…

Department of Finance Proposes New Oversight Framework for Retail Payments

July 21, 2017

On July 7, 2017, Canada’s Department of Finance released a long-awaited consultation paper on the proposed regulation of retail payments in Canada. The consultation paper, titled: “A New Retail Payments Oversight Framework” (Consultation Paper) articulates the main components of a proposed federal oversight framework for retail payments (Proposed Framework). This is a significant development in the Canadian payments landscape as…

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