Category: Latest Insights

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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.

Year in Review: Legislation and Guidance for Federal Financial Institutions in 2017

January 29, 2018

2017 marked another year of prodigious development of legislation and regulatory guidance impacting federal financial institutions in Canada. The new wave of initiatives in 2017 included the second stage of the consultation process to renew the federal financial sector legislation, proposed modernization of Canada’s payments systems, regulatory studies on the regulation of fintechs, new bail-in legislation, changes to the Basel…

Corporate and Financial Crimes Series, #2: Criminal Fraud

January 17, 2018

This is the second instalment in a six-part series on corporate and financial crimes, which outlines basic principles of criminal and quasi-criminal law that may arise in the running of a business. This instalment discusses criminal fraud defined in the Criminal Code and the elements of this offence that in-house counsel need to know.

Pensions Newsletter – December 2017

December 19, 2017

Welcome to the 20th issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice. For additional information or to discuss how any aspect of these developments may affect you, please contact a member of the Blakes Pensions, Benefits & Executive Compensation group….

Recent Developments in Canadian Insolvency Case Law: What Lenders Need to Know

December 6, 2017

In 2017, a number of insolvency cases were litigated, in various provinces across Canada, which may materially affect the realization and recovery rights of commercial lenders in restructuring and insolvency proceedings. This article summarizes the core issue of importance to lenders in each of these cases and provides an update on their appeal status. 

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