Category: Practice Areas

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Ontario Court of Appeal Confirms That Online Newspapers Are Still “Newspapers”

July 18, 2017

On July 7, 2017, in John v. Ballingall, the Court of Appeal for Ontario (Court) confirmed that an online newspaper is a “newspaper” within the meaning of the Ontario Libel and Slander Act (LSA), attracting the same libel notice requirements and short limitation period protections as a print newspaper. In so doing, the Court affirmed the interpretation of the LSA…

Retail Insolvencies in Canada Series, #1: Landlord Perspectives

July 18, 2017

This article is the first instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. The Companies’ Creditors Arrangement Act (Canada) (CCAA) is the principal statute for the reorganization, or sale, of large corporate debtors in Canada and the functional equivalent to Chapter 11 of the U.S. Bankruptcy Code (Chapter 11) in the United…

Supreme Court of Canada Promises New Utility Test for Patents

July 18, 2017

What does “useful”, one of the basic requirements for the patentability of an invention, mean in Canadian patent law? On June 30, 2017, in AstraZeneca Canada Inc. v. Apotex Inc. (AstraZeneca), the Supreme Court of Canada (SCC) ruled that the threshold for utility is low — a mere scintilla will do. In fact, requiring anything more is not only overly…

SCC Decision Calls into Question Enforceability of Choice of Forum Clauses in Consumer Contracts

July 14, 2017

In June 2017, the Supreme Court of Canada (SCC) released its decision in Douez v. Facebook (Douez). The case concerned the application of a choice of forum clause included in Facebook’s terms of use to stay a class action proceeding brought in British Columbia. The SCC issued a three-one-three split decision, with the majority holding that the choice of forum clause…

Cannabis Legalization: Ontario Seeks Public Input to Develop Provincial Laws

July 14, 2017

Ontario’s path towards cannabis regulation took another step forward on July 12, 2017, as the Ontario provincial government released a consultation paper seeking input on how the province should approach cannabis legalization. The consultation paper comes on the heels of the introduction of the federal government’s Cannabis Act in April 2017 (see our April 13, 2017 Blakes Bulletin: Federal Government…

Ontario Court Upholds Landmark Anti-Bribery Conviction

July 13, 2017

On July 6, 2017, in R. v. Karigar, the Ontario Court of Appeal (Court) dismissed an appeal by Mr. Nazir Karigar of his conviction for agreeing to offer a bribe to a foreign public official, contrary to section 3(1)(b) of the federal Corruption of Foreign Public Officials Act (CFPOA). In 2013, this was the first conviction against an individual under…

Canada’s Procurement System Gets a Boost: CFTA Now in Effect, CETA on Its Heels

July 12, 2017

On July 1, 2017, the widely anticipated update to Canada’s domestic trade agreement, the Canadian Free Trade Agreement (CFTA), came into force. The CFTA is an agreement among the Canadian provinces, territories and the federal government and replaces the 1995 Agreement on Internal Trade (AIT). The CFTA is more comprehensive than the AIT because it covers nearly every sector of…

OSFI Looks to Further Tighten Mortgage Underwriting Standards, Issues Revised Guideline B-20 for Comment

July 11, 2017

On July 6, 2017, the Office of the Superintendent of Financial Institutions (OSFI) issued a revised version of Guideline B-20 – Residential Mortgage Underwriting Practices and Procedures (Draft Guideline) for comment. This Draft Guideline comes after OSFI issued a letter to the industry, on July 7, 2016, highlighting its concerns with residential mortgage underwriting practices and the adequacy of risk…

Infographic: Data Breach Disruptions: The Cost of Cybercrime in Canada

July 11, 2017

News about malicious cyber-attacks have been flooding media outlets in recent weeks as high-profile viruses (including WannaCry and Petya) continue to hit leading global and Canadian companies. What’s the cost here at home? In June, IBM Security and Ponemon Institute released their annual series of benchmark studies exposing the cost of data breach incidents in 13 regions around the world. The results found…

Canada Proposes New Regulations to Strengthen Rail Security for the Transportation of Dangerous Goods

July 10, 2017

On June 24, 2017, the federal government proposed new regulations under the Transportation of Dangerous Goods Act, entitled the Transportation of Dangerous Goods by Rail Security Regulations (Rail Security Regulations). The Rail Security Regulations are intended to strengthen the security of Canada’s rail system from potential sabotage or terrorist attack. Once enacted, the Rail Security Regulations will also bring Canada’s…

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