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New Investment Canada Act Thresholds and National Security Review Periods

March 26, 2015

The Canadian government has adopted new regulations and implementing orders that: significantly alter the existing review thresholds under the Investment Canada Act (ICA) for most investors require additional information in ICA notification and application forms extend the potential time periods for a national security review under the ICA. The first two noted amendments will come into effect on April 24,…

Alberta Judgment a Strong Reminder to Exercise Caution When Claiming Litigation Privilege Protection

March 25, 2015

The Alberta Court of Queen’s Bench recently released its decision in TransAlta Corporation v. Market Surveillance Administrator (TransAlta v. MSA), ordering TransAlta Corporation (TransAlta) to produce hundreds of documents over which it claimed litigation privilege to the Market Surveillance Administrator (MSA). Although the decision is under appeal to the Alberta Court of Appeal, the court’s finding that the use of…

Canadian Competition Bureau Steps Up Enforcement Efforts, Including First CASL-Related Proceeding

March 24, 2015

Although Canada’s Competition Bureau (Bureau) has been focused the past year on enhancing its advocacy and competition compliance roles, the Bureau has also demonstrated its continued willingness to use formal investigative powers and litigation to effect compliance with the Competition Act, particularly in relation to the misleading advertising and abuse of dominance provisions.   This month, the Bureau reached a…

Ontario’s Minimum Wage Increases to Keep Up with Inflation

March 23, 2015

  On October 1, 2015, the general minimum wage rate in Ontario will increase to C$11.25 per hour from C$11 per hour. Minimum wage rates for students, liquor servers, homeworkers and hunting/fishing guides will also increase on that day.   This increase is due to recent amendments to the Ontario Employment Standards Act, 2000 that link minimum wage rates to…

Provincial Licence Doesn’t Promise Adequate Consultation with First Nations

March 23, 2015

  In its recent decision in Moulton Contracting Ltd. v. British Columbia, the British Columbia Court of Appeal (Court) held that the Province of British Columbia (Province) can contractually exclude liability for losses incurred by forestry companies and other licensees due to third parties’ interference with the licensees’ operations. The Court also dismissed the claim by Moulton Contracting Ltd. (Moulton)…

Reconciling Family and Professional Obligations: What Should an Employer Do?

March 20, 2015

  The Commission des relations du travail (CNT) confirmed in Dannie Bouchard c. 9180-6166 Québec inc. Honda de la Capitale, a decision rendered on January 20, 2015, that employers are not obligated to modify an employee’s work schedule to accommodate obligations relating to the care of the employee’s child, under neither the Charter of Human Rights and Freedoms (Quebec Charter)…

New P&C Insurance Demutualization Regulations: Unknown Unknowns

March 11, 2015

  On February 28, 2015, the Department of Finance released draft regulations under the Insurance Companies Act (Act) providing for a framework for the demutualization process applicable to mutual property and casualty insurance companies (P&C insurers). Demutualization is the process through which a mutual company is converted into a corporation with common shares. The Act requires that rules for demutualizing…

SCC Revisits Constructive Dismissal in Potter v. New Brunswick Legal Aid Services Commission

March 11, 2015

  INTRODUCTION On March 6, 2015, the Supreme Court of Canada (SCC) revisited and clarified the common law test for constructive dismissal in Potter v. New Brunswick Legal Aid Services Commission. In doing so, the SCC overturned decisions of the New Brunswick Court of Queen’s Bench and New Brunswick Court of Appeal, and found that an employee who had brought an…

OSC Affirms Breadth of Inter-Jurisdictional Enforcement Power, Limits on Sanctions in Conrad Black Case

March 10, 2015

  The recent decision in Re Conrad M. Black et al. illustrates how the Ontario Securities Commission (OSC) will use its inter-jurisdictional enforcement authority to impose sanctions relating to conduct in other jurisdictions to protect Ontario’s capital markets. Further, the decision reinforces that the OSC’s public interest power must only be invoked to restrain apprehended future misconduct and not to…

LNG Equipment and Buildings: Canadian Government Proposes Accelerated Writeoff

March 9, 2015

  On February 19, 2015, the Canadian government released draft regulations introducing accelerated capital cost allowance (CCA) for facilities in Canada that liquefy natural gas. The government’s intention is to encourage investment in new facilities to support the liquefied natural gas (LNG) industry in Canada.   The draft regulations provide for an additional 22-per-cent CCA allowance for equipment and structures…

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