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The Boycott, Divestment and Sanctions Movement: Limits on Restricting Trade with Israel

March 6, 2015

Since 2005, a political action campaign referred to as the “Boycott, Divestment and Sanctions” movement (BDS Movement) has drawn public attention to the issue of Israeli-Palestinian relations. The BDS Movement promotes a variety of actions that are intended to restrict trade with Israel, including by targeting companies affiliated with or engaged in trade with Israel or Israeli businesses. Businesses should…

The Value of Real Property Assessments in British Columbia

March 6, 2015

  Determining the value of real property is a fundamental concern to buyers, sellers and lenders. Governments that depend on the taxation of real property to generate revenue are also interested in the valuation of real property and, accordingly, have set up extensive property assessment regimes to do so. Despite such regimes, the British Columbia Court of Appeal recently held…

C$1.1-Million Penalty Issued Under Canada’s Anti-Spam Law

March 6, 2015

  BACKGROUND   On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first Notice of Violation under Canada’s Anti-Spam Legislation (CASL), which included a C$1.1-million administrative monetary penalty (AMP).   The Notice of Violation was issued against Compu-Finder, a Quebec-based corporate training services provider. The CRTC alleged that between July 2, 2014 (the day after CASL…

​​Still Exempt? Important Changes to the Private Placement Regime

March 4, 2015

  The Canadian Securities Administrators (CSA) and Ontario Securities Commission (OSC) have finalized significant amendments to National Instrument 45-106 Prospectus Exemptions (NI 45-106) and the Companion Policy 45-106CP Prospectus Exemptions (Companion Policy) (which includes dropping “and Registration” from their names, since they no longer deal with registration). These amendments include changes to the accredited investor prospectus exemption (Accredited Investor Exemption),…

A Novel Cause of Action Coming Down the Track and Other Railway Legislation Changes

March 2, 2015

  Late last month, the federal government introduced Bill C-52, which, if enacted, will amend both the Canada Transportation Act (CTA) and the Railway Safety Act (RSA). The federal government also proposed new Railway Safety Management System Regulations (New SMS Regulations) under the RSA, which are intended to replace the existing SMS Regulations and expected to come into force on…

Ontario Court of Appeal Allows Privacy Tort in Medical Records Context

February 27, 2015

  A recent decision of the Ontario Court of Appeal has clarified the scope of the tort of “intrusion upon seclusion” first recognized by the same court in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action involving unauthorized access to health records by hospital employees, the Ontario Superior Court of Justice declined to dismiss the…

Quebec Environment Minister Aims to Modernize Environmental Approval Process

February 27, 2015

  On February 25, 2015, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change David Heurtel, announced a proposal to modernize the current environmental authorization regime provided for in the Environment Quality Act (EQA). The Minister stated that the process needed to be more clear, more efficient and predictable. The modernization of the EQA and the…

​New Securities Rules for ABCP Conduits Coming into Effect May 5, 2015

February 27, 2015

  Canada’s C$30-billion market for “asset-backed commercial paper” will soon be regulated by Canada’s securities regulators (CSA) for the first time. The new rules published by the CSA (New Rules) are much less extensive than the CSA’s initial 2011 proposals, which contemplated the comprehensive regulation of securitized products, and are milder than the CSA’s more targeted 2014 rewrite (2014 Proposals)….

OTC Derivatives Trading and Clearing Rules Move Closer to Implementation

February 26, 2015

  Canada’s securities regulators have taken two additional steps towards implementing a comprehensive regulatory framework for over-the-counter derivatives (OTC Derivatives) and satisfying Canada’s G20 commitments in respect of mandatory trading and central counterparty clearing of standardized OTC Derivatives. The most recent regulatory notices discuss the basis on which certain standardized OTC derivatives will be required to be traded over organized…

Supreme Court Confirms That Lawyers Cannot Act as Government Agents

February 24, 2015

  In its recent decision in Canada (Attorney General) v. Federation of Law Societies of Canada, the Supreme Court of Canada (Court) held that the government cannot “turn lawyers into state agents”; it cannot require lawyers to act against their clients’ legitimate interests. The Court also affirmed the near-absolute protection of all solicitor-client privileged information. On these grounds, the Court…

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