Category: Practice Areas

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Shining a Light on the Darknet: What Every Business Should Know

March 27, 2017

The portion of the Internet that most people generally use is only one of three layers. The commonly used layer that is accessible by search engines is referred to as the clearnet or the surface web and represents only about four per cent of Internet content. In addition to the surface web, the Internet comprises the deep web and the…

2017 Federal Budget – Selected Tax Measures

March 23, 2017

On March 22, 2017 the Minister of Finance introduced Canada’s 2017 Federal Budget (2017 Budget). Despite persistent rumours, no change was proposed to the capital gains inclusion rate. The 2017 Budget does include a mix of targeted anti-avoidance rules, legislative responses to recent jurisprudence, and other narrow changes to address perceived problems in the existing provisions of the Income Tax…

Alberta to Restrict Compliance Options for Large Industrial Emitters: Smart Policy or Government Windfall?

March 21, 2017

On March 3, 2017, Alberta Environment and Parks (AEP) released a policy decision (Decision) affecting industrial facilities (Facilities) that emit more than 100,000 tonnes of greenhouse gas (GHG) per year. The Decision follows the Alberta government’s Climate Leadership Plan (Plan), which was released in November 2015 (see our November 2015 Blakes Bulletin: Just Like Any Good Recipe, Alberta’s Climate Leadership…

Top 10 Issues for Employers, Issue #7: Obligations When Terminating Without Cause

March 20, 2017

This is the seventh instalment in our Top 10 Issues for Employers series. This issue addresses termination entitlements upon a “without cause” dismissal. OVERVIEW Understanding an employee’s entitlements upon a without cause dismissal is an essential step towards avoiding unnecessary wrongful dismissal claims. Canadian law imposes obligations on employers to provide their employees with certain entitlements in the event of…

New Medium, Same Expectations: CSA Cautions Canadian Public Issuers on Use of Social Media

March 14, 2017

On March 9, 2017, the Canadian Securities Administrators (CSA) published Staff Notice 51-348 Staff’s Review of Social Media Used by Reporting Issuers (Staff Notice), which reported on the social media disclosure (Facebook, Twitter, YouTube, LinkedIn, Instagram and GooglePlus postings, amongst others, as well as disclosure on issuers’ own websites, including any message boards or blogs hosted on such sites) of…

Alberta Court Provides Clarity on Oppression Claims in CCAA Context

March 13, 2017

The Alberta Court of Queen’s Bench (Court) has provided clarity on how oppression claims will be adjudicated in the context of the Companies’ Creditors Arrangement Act (CCAA). In the recent decision in Lightstream Resources Ltd. (Re), the Court confirmed that it has jurisdiction to hear oppression claims, but held that the exercise of this discretion is limited to appropriate circumstances….

Superior Court of Québec Confirms Validity of Percentage Royalties Paid by Pharmacist-Owners to Franchisor

March 8, 2017

The Superior Court of Québec (Court), presided by Justice M. Monast, recently ruled on an important point of contention for franchise pharmacies, by confirming the validity of a percentage royalty clause contained in a contract between a pharmacist-owner and his franchisor. The decision confirms the validity of the business model recommended by a number of franchisors, for both pharmacists and…

Canadian Regulators Finalize Customer Protection Rules for Cleared OTC Derivatives

March 3, 2017

 The Canadian Securities Administrators (CSA) recently published National Instrument 94-102 – Derivatives: Customer Clearing and Protection of Customer Collateral and Positions and the related Companion Policy (collectively, the Rule). The CSA released the Rule in conjunction with its release of National Instrument 94-101 – Mandatory Central Counterparty Clearing of Derivatives (see our January 2017 Blakes Bulletin: Canadian Regulators Finalize Mandatory…

Going Mobile: Seven Key Considerations for Acquiring Mobile App Assets

February 27, 2017

As more industries look to capitalize on mobile platforms, and as smartphones and tablets increasingly become the “first screen” for customers, mobile apps will continue to play an integral role in connecting businesses with their customers, whether through the marketing of products and services, facilitating transactions and communications or enhancing customer engagement. To get a sense of the popularity of…

Blakes Annual Aboriginal Law Update

February 23, 2017

Aboriginal issues continue to have significant influence on energy, mining, infrastructure and other projects in Western Canada. As a result, aboriginal law is key to driving change. Understanding recent legal and policy developments is critical to assessing risks and opportunities, and implementing successful business strategies. This seminar discusses the current status of aboriginal law and its impact on business. Topics:…

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