Category: International

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Legal Trends 2016: Litigation & Dispute Resolution

February 29, 2016

ONE | INCREASING POWER OF ADMINISTRATIVE TRIBUNALS In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings. Administrative monetary penalties have become popular with regulators but controversial among regulated persons and legal observers. In recent years, both federal and provincial…

Legal Trends 2016: Intellectual Property

February 28, 2016

ONE | LEGISLATIVE CHANGES The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already taken effect. These include amendments to the Copyright Act and Trade-marks Act to introduce customs enforcement measures against counterfeit goods. Other changes, such as the…

Legal Trends 2016: International Trade

February 27, 2016

ONE | TPP, FREE TRADE AND INVESTMENT AGREEMENT While 2015 saw numerous international trade and investment developments, the year’s biggest story was the October completion of negotiations on the Trans-Pacific Partnership (TPP). The TPP is an ambitious economic and free trade agreement between Canada and 11 other countries — including the United States, Australia and Japan — who represent one-third…

Ontario Announces Climate Change Mitigation and Low Carbon Economy Act and the Cap-and-Trade Program Regulations

February 26, 2016

The Ontario government (Government) has taken significant steps in its fight against climate change by introducing two significant pieces of climate change legislation: The Climate Change Mitigation and Low Carbon Economy Act (Act) on February 24, 2016 The Cap and Trade Program Regulations (Regulations) on February 25, 2016 BACKGROUND On April 15, 2015, the Government signed an agreement with Quebec…

Legal Trends 2016: Financial Services Regulatory

February 26, 2016

ONE | FINTECH AND E-COMMERCE Fintech is the single hottest topic for 2016 and the foreseeable future. From mobile payments to paperless processes to block-chain technology, the increased use of emerging and innovative technologies to pay for or obtain financial services has the regulators’ attention. Regulators have taken steps to address a few of the various challenges and risks that…

Legal Trends 2016: Cybersecurity

February 24, 2016

ONE | RISE IN PRIVACY CLASS-ACTION CERTIFICATIONS New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has intentionally or recklessly invaded his/her private affairs without justification and (2) a reasonable person would view the invasion as highly…

Legal Trends 2016: Commercial Real Estate

February 23, 2016

ONE | BUOYANT DEBT MARKETS Lenders remain aggressive as competition for prime real estate lending opportunities in Canada intensifies. Borrowing rates remain at historical lows and other lending terms have become increasingly favourable for borrowers. The relaunched commercial mortgage-backed security lending programs in Canada have started to pick up steam and, together with life insurance companies, pension funds and Canadian…

Legal Trends 2016: China

February 22, 2016

ONE | CHINA-LISTED FIRMS BECOMING BUYERS Buyers listed on the Shanghai and Shenzhen stock exchanges will become more active in the international M&A marketplace in 2016, creating new avenues for liquidity for Canadian investors and new challenges for Canadian dealmakers. Despite a well-publicized correction in June and ongoing volatility through the second half of 2015, China’s stock markets continue to…

First Step to Re-engagement: Canada Rolls Back Iranian Sanctions

February 8, 2016

In an abrupt reversal of the trend of increasing sanctions against Iran, which Canada has followed since 2011, the Government of Canada announced on February 5, 2016, that it would be implementing significantly less stringent restrictions against trade with, and investment in, Iran. The announced amendments to the regulations that impose Canadian sanctions against Iran under the Special Economic Measures…

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