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Styles Overturned: Alberta Court of Appeal Clarifies Treatment of Incentive Payments upon Termination

January 6, 2017

In Styles v. Alberta Investment Management Corporation (Styles), a recently released decision that has been eagerly awaited by employers and employees alike, the Alberta Court of Appeal (Court) clarified the law with respect to how long-term incentive plans (LTIP) should be treated when an employee is terminated. In doing so, the Court overturned a trial-level decision that would have greatly…

OSFI Releases Draft Guidance on Model Risk Management

January 4, 2017

On December 21, 2016, the Office of the Superintendent of Financial Institutions (OSFI), released for comment a new draft Guideline E-23 on enterprise-wide model risk management (Guideline). The draft Guideline aims to address the increasing reliance by financial institutions on internal models in management decision making and sets out OSFI’s minimum standards for managing and controlling model risk. The comment…

New Ontario Election Finance Laws Take Effect January 1, 2017

December 29, 2016

A new election finance regime will take effect in Ontario in 2017, with significant implications for elected officials, candidates, donors and third-party advertisers. Under the new regime, corporate and union contributions are prohibited, individual contribution limits are reduced, and there are new restrictions on fundraising events. To offset the resulting loss in fundraising income, registered political parties and constituency associations…

Federal Court of Appeal Says There is No Duty to Consult on Legislation

December 23, 2016

Does the Crown have a duty to consult when contemplating and introducing legislation that may adversely impact aboriginal rights? In its recent decision in Canada (Governor General in Council) v. Courtoreille, the Federal Court of Appeal (Court) said no, but the Court’s decision may not be the last word on the topic. BACKGROUND Chief Steve Courtoreille, on behalf of himself…

Government of Canada Finalizes Food Labelling Changes

December 21, 2016

On December 14, 2016, the Government of Canada announced amendments to the Food and Drug Regulations (FDR) by publishing the Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Other Labelling Provisions and Food Colours). The amendments will bring significant changes to the labelling of food products, including changes to standardize serving sizes, amend the nutrients listed in the nutrition…

New Guidelines to Help Foreign Investors Navigate National Security Rules under the Investment Canada Act

December 19, 2016

On December 19, 2016, the federal government released new guidelines on national security reviews under the Investment Canada Act (ICA). The guidelines are part of a new transparency initiative intended to encourage foreign investment by providing investors more information about a) the types of transactions that may require a national security review, and b) the factors considered by the government…

Dispute Resolution under CETA: A New Investment Court for Canada and Europe

December 15, 2016

Canada and the European Union recently signed the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), which establishes a new tribunal, called the Investment Court System, to resolve investor-state disputes. CETA’s rules on investor-state dispute settlement contain numerous innovations that distinguish the agreement from existing investment treaties. The new tribunal and rules could be a model for future international agreements…

Pipeline Opponents Face Significant Obstacles in Securing Injunctive Relief

December 14, 2016

With the federal government recently approving major pipeline projects, it is expected that environmental and other special interest or lobbying groups will commence actions in an attempt to prevent or delay those projects from proceeding, which may include applying for injunctive relief. Those opponents face significant obstacles in obtaining such relief. While the test for an injunction is well settled…

Some Changes Ahead for the Tax Objection and Appeal Process of the Canada Revenue Agency

December 12, 2016

On November 29, 2016, the Auditor General of Canada released the 2016 Fall Reports, including “Income Tax Objections”, regarding the Canada Revenue Agency’s (CRA) management of income tax objections. This bulletin provides an overview of the Report and highlights its recommendations and the CRA’s responses and plans for improvement. The Office of the Auditor General sought to answer a simple…

Acting the Part: Ontario Court of Appeal Clarifies Use of Future Conduct in Contractual Interpretation

December 8, 2016

On December 2, 2016, the Ontario Court of Appeal (Court) provided new guidance on the principles of contractual interpretation in the wake of the Supreme Court of Canada’s 2014 decision in Sattva Capital Corp. v. Creston Moly Corp. (Sattva) (see our August 2014 Blakes Bulletin: Un-Appealing: Supreme Court of Canada Limits Appeals from Arbitrators). In Shewchuk v. Blackmont Capital Inc….

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