Category: Corporate & Commercial

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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…

Now in Effect: British Columbia’s Franchises Act

February 9, 2017

On February 1, 2017, British Columbia’s Franchises Act (B.C. Act) and Franchises Regulation (Regulation) came into force. Although the B.C. Act follows other provincial franchise legislation closely, including with respect to its provisions regarding disclosure, misrepresentation and the duty of fair dealing imposed on both franchisors and franchisees, there are certain key differences. The substantial similarity between the B.C. Act…

New Due Diligence Guidance for Responsible Business Conduct

February 7, 2017

After several months of consultation and deliberations, the Organisation for Economic Co-operation and Development (OECD) rendered public a revised draft Guidance on Due Diligence for Responsible Business Conduct (RBC Guide). Comments on the draft may be provided to the OECD by February 9, 2017. Draft revisions will be carried out over the next few months with the proposed adoption of…

ICC Looks to Streamline Arbitrations with Amended Rules

February 2, 2017

The International Chamber of Commerce (ICC) is streamlining its arbitration process to reduce the length and cost of arbitrations and has released amendments to its Rules of Arbitration (ICC Rules), which will come into force on March 1, 2017. Among the most notable changes is a new expedited procedure for resolving disputes in which the amount claimed is less than…

Corporate Veil Preserved: Court Dismisses Action Against Canadian Subsidiary in Chevron Case

January 27, 2017

On January 20, 2017, in Yaiguaje v. Chevron Corporation, the Ontario Superior Court of Justice (Commercial List) (Court) dismissed the plaintiffs’ action to execute against the shares and assets of Chevron Canada Limited (Chevron Canada) in satisfaction of a judgment of a foreign court. In doing so, the Court reaffirmed principles of corporate separateness and confirmed the high threshold that…

Some Changes Ahead for the Tax Objection and Appeal Process of the Canada Revenue Agency

December 12, 2016

On November 29, 2016, the Auditor General of Canada released the 2016 Fall Reports, including “Income Tax Objections”, regarding the Canada Revenue Agency’s (CRA) management of income tax objections. This bulletin provides an overview of the Report and highlights its recommendations and the CRA’s responses and plans for improvement. The Office of the Auditor General sought to answer a simple…

Oppression in the Context of a Closely Held Corporation: SCC Weighs In

December 7, 2016

In Mennillo v. Intramodal inc., the first oppression remedy case to reach the Supreme Court of Canada (SCC) since BCE Inc. v. 1976 Debentureholders, the SCC provided clarity on how the oppression remedy operates within closely held corporations and what will and will not be considered oppression under the Canada Business Corporations Act (CBCA). Blakes represented the appellant in the…

Update on Electricity Rate Relief Program for Ontario Businesses

December 5, 2016

The expansion of Ontario’s Industrial Conservation Initiative (ICI) to provide electricity rate relief to more businesses comes into effect on January 1, 2017. Businesses who want to participate in the expanded ICI program must provide written notice to their electricity provider in order to qualify. In our September 2016 Blakes Bulletin: New Opportunities for Ontario Businesses to Benefit from Electricity…

Ban Proposed on the Expiry of Rewards Points in Ontario

December 2, 2016

On October 20, 2016, an Ontario member of provincial parliament introduced Bill 47, Protecting Rewards Points Act (Consumer Protection Amendment), 2016 (Bill). The Bill’s purpose is primarily to prohibit the expiry of rewards points in Ontario due to the passage of time. While private members’ public bills do not frequently become law, this Bill has gained traction and quickly passed…

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