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…
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…
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…
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…
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.
Posted in: Cannabis, Capital Markets, China, Competition & Antitrust, Corporate & Commercial, Fintech, Foreign Investment, Information Technology, Insurance, Japan, Latin America, Mergers & Acquisitions, Middle East, Mining, Oil & Gas, Pension Funds Investment, Private Equity, United States
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…
January 25, 2018
The overwhelming number of reports of #metoo cases, including several high-profile and public accusations of sexual harassment and assault in the workplace across industries in Canada, is causing many employers to take stock in the preparedness and awareness in their own organizations.
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.
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….
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.