Category: Latest Insights

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Employment & Labour Podcast Series

June 13, 2018

In our Employment & Labour Podcast Series, members of the Blakes Employment & Labour group explore current legal issues facing Canadian employers — from cannabis to sexual harassment, workplace investigations and more. Click here to listen to any of the episodes below and stay tuned for more episodes. Cannabis in the Workplace Restrictive Covenants in the Employment Context Dos and…

2018 Legal Trends: The Sharing Economy

June 12, 2018

As part of our quarterly series on current trends across different industries, our second article takes a closer look at the sharing economy and how this new economic model impacts suppliers, customers and platform providers in various ways. Here are a few legal trends to watch for as the sharing economy evolves.

EU Top Court Rules EU Investment Arbitration Tribunals Are Incompatible with EU Law: Implications for Investors

May 15, 2018

In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is fundamentally incompatible with EU law. The decision may effectively invalidate the 196 BITs currently in force between EU Member States. For Canadian and other non-EU parties,…

Canadian Investors Take Note: Budding Green Loan Market Set to Ramp Up in 2018

May 14, 2018

Green bonds have been steadily gaining in popularity, becoming a high-profile instrument in capital markets and now green loans are set to ramp up in 2018. Green loans are getting their own voluntary recommended guidelines to promote consistency in the emerging green loan market. Building on the internationally recognized Green Bond Principles of the International Capital Market Association (ICMA), the…

Mind the Gap: Merger Efficiencies in the United States and Canada

May 9, 2018

Notwithstanding the close ties between Canada and the United States, there is a difference in the way that mergers are reviewed on either side of the border — which is important because a significant number of mergers are reviewed by both the Canadian Competition Bureau and the U.S. antitrust agencies. This article originally appeared in the Spring 2018 issue of…

Infringement by Common Design: New Liability Under Canadian Patent Law?

March 27, 2018

Unlike in some other jurisdictions, Canada’s patent legislation (the Patent Act) does not explicitly specify all of the circumstances under which a patent may be held to be infringed. It has therefore fallen to Canadian courts to establish the principles governing the issue of infringement. Infringement by common design has not been, to date, recognized in Canada. However, two recent…

Competition Bureau Investigations: A Toolkit for Managing Risk

March 19, 2018

Companies doing business in Canada are subject to investigations by the Canadian Competition Bureau at any time, which may relate to civil and/or criminal provisions of Canada’s Competition Act. The reputational harm to companies publicly implicated in Bureau investigations can be substantial, and investigations are costly and disruptive to businesses. In addition, companies found to have violated the criminal or…

2018 Legal Trends: Cannabis

March 8, 2018

As part of our quarterly series on current trends across different industries, we first take a look at what’s on the horizon for cannabis. As the Canadian Cannabis Act works its way through Parliament, the Canadian cannabis sector continues to experience an extremely dynamic, fast-changing environment. Here are a few legal trends to watch for as the industry becomes more…

Retail Insolvencies in Canada Series, #3: Parent Perspectives

February 28, 2018

This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective of corporate parents of distressed Canadian retailers. This article follows in the shadow of Sears Canada’s inventory liquidation and cessation of operations in January 2018. The Sears Canada shut-down followed a failed attempt…

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

February 16, 2018

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequentlyasked questions regarding the regulation of public M&A in Canada and provides anoutlook for what 2018 may hold based on significant developments we observedfrom the Canadian deal environment in 2017.

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