Category: Industries

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“High-Cost Credit” Consumer Lenders Face New Laws in Manitoba

January 22, 2016

New laws to regulate consumer loans and lines of credit that meet the definition of a “high-cost credit product” will come into effect in Manitoba on September 1, 2016. After this date, a consumer lender who offers, arranges or provides a high-cost credit product in Manitoba will be subject to licensing, disclosure, record-keeping and other requirements that are similar, in…

Ontario Court Finds Cellphone Tower “Metadata” is Private

January 20, 2016

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of Rights and Freedoms (Charter). A “tower dump” order requests information about communications transmitted through a cellphone tower during a particular time period, such as the telephone numbers…

Year in Review: Legislation and Guidance for Financial Institutions in 2015

January 18, 2016

Financial institutions in Canada witnessed yet another year of significant growth in legislation and regulatory guidance impacting their operations, while the financial marketplace is continuing to adapt to the impact of fintech and emerging use of innovative technologies in delivering financial services. The key initiatives introduced or implemented in 2015 are outlined in our annual regulatory overview.   Prudential Guidance…

New Federal Rules for the Residential Mortgage Market

January 13, 2016

On December 11, 2015, the Canadian Department of Finance, the Office of the Superintendent of Financial Institutions (OSFI) and the Canada Mortgage Housing Corporation (CMHC) announced forthcoming changes to existing federal rules for government-backed mortgage insurance, capital requirements for residential mortgages, and increases in guarantee fees for CMHC-sponsored securitization programs, respectively. BACKGROUND Increasing Regulation of the Canadian Residential Mortgage Market…

Look Ahead: 2016 Legal Trends

January 8, 2016

  While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016.  ​​​​   Anti-Spam   Capital Markets  ​ China    Commercial Real Estate Cybersecurity Employment & Labour Financial Services Regulatory Intellectual Property International Trade   Litigation & Dispute Resolution   Mergers & Acquisitions   Oil &…

Court Limits Liability for Nuisance, Expands Injurious Affection Claims for Public Infrastructure Projects

January 8, 2016

In November, the B.C. Supreme Court (Court) issued an important decision in the long-running litigation saga arising from the construction of the SkyTrain’s Canada Line between Vancouver’s downtown, the suburb of Richmond, and Vancouver’s international airport. The decision has significant implications for public infrastructure projects, in identifying those kinds of claims that may successfully be brought as a result of…

Time to Prescribe a Dose of Social Media?

January 6, 2016

Blakes hosted a special full-day program focused on the life sciences industry. Videos on a variety of topics discussed at the seminar are now available. Many industries have jumped on the social media bandwagon, but pharmaceutical companies seem to be lagging behind.  Alice Tseng, a Partner in the Intellectual Property group at Blake, Cassels & Graydon LLP, attributes their hesitation mainly…

Risk Classification Methodology — Standard Deviation for Mutual Funds and ETFs

December 23, 2015

On December 10, 2015, the Canadian Securities Administrators (CSA) published for comment proposed amendments as part of stage 3 of the point of sale disclosure project mandating fund managers to use a standardized risk classification methodology (Proposed Methodology) when determining the investment risk level of conventional mutual funds and exchange-traded funds (ETFs) for disclosure in the Fund Facts document (Fund…

Administrative Monetary Penalties and New Exemptions for Debt Collectors

December 22, 2015

Earlier this month, the Minister of Government and Consumer Services introduced Bill 156, the Alternative Financial Services Statute Law Amendment Act, 2015 (Bill 156). Bill 156, if enacted, would amend, among other legislation, the Collection and Debt Settlement Services Act (Collections Act). Among the amendments are the introduction of an administrative monetary penalty regime, an expansion to the exemptions from…

Regulating “Alternative Financial Services” in Ontario

December 22, 2015

Earlier this month, the Minister of Government and Consumer Services introduced Bill 156, the Alternative Financial Services Statute Law Amendment Act, 2015 (Bill 156). Bill 156, if enacted, would amend the Consumer Protection Act and Payday Loans Act, 2008. Bill 156 also proposes to amend the Collection and Debt Settlement Services Act. For a discussion of the amendments to the…

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