Category: Corporate & Commercial

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Attorney General Electricity Battle Over PPAs in Alberta Comes to a Close

March 13, 2018

The Attorney General of Alberta (AG) and ENMAX have recently settled the legal proceedings brought in 2016 (AG Action) by the provincial government against several former buyers of power purchase arrangements (PPAs). The AG previously settled with various PPA buyers in November and December 2016. By a consent judgment filed March 9, 2018, the AG Action was dismissed against all…

Canada Signs the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

March 9, 2018

On March 8, 2018, Canada signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an agreement between the 11 remaining signatories to the Trans-Pacific Partnership (TPP) after the United States withdrew from the TPP. Canada was joined in signing the CPTPP by Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Upon entry into force, the…

2018 Federal Budget: Selected Tax Measures

February 28, 2018

On February 27, 2018, the Minister of Finance introduced Canada’s 2018 Federal Budget (2018 Budget). The 2018 Budget includes measures affecting the taxation of passive income earned by private corporations, as was expected, although the changes are not as wide-spread as had been previously suggested. In addition, the 2018 Budget includes a mix of targeted anti-avoidance rules, legislative responses to…

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.

Bill 101 Aims to Bring Mandatory Compensation Voting, Majority Voting and Diversity Disclosure to Ontario Companies

January 29, 2018

Bill 101, Enhancing Shareholders Rights Act, 2017 (Bill 101), a private member’s bill that has passed second reading in the Ontario Legislative Assembly, proposes changes to the Business Corporations Act (Ontario) (OBCA), including majority voting for directors, diversity disclosure and shareholder approval of binding compensation policies. Some of these proposed changes to the OBCA (Proposed OBCA Amendments) align with the…

SCC Affirms Duty of Care but Reduces Auditor’s Damages in Livent Decision

December 21, 2017

On December 20, 2017, the Supreme Court of Canada (SCC) released its long-awaited decision in Deloitte & Touche v. Livent Inc. (Receiver of) (Livent), which addressed the issue of the auditor’s liability for failing to detect a fraud perpetrated by the directing minds of Livent Inc. (Livent). The seven-member panel was unanimous that the defendant auditor was not liable to…

Alberta Court of Queen’s Bench Grants Mandatory Injunction Against Balancing Pool

November 23, 2017

On November 22, 2017, the Court of Queen’s Bench of Alberta (Court) issued a mandatory injunction in favour of ENMAX Energy Corporation (ENMAX) compelling the Balancing Pool of Alberta to, forthwith and in good faith, complete and communicate the result of its assessment and verification of ENMAX’s termination notice of the Keephills Power Purchase Arrangement issued on May 5, 2016….

New Canadian Sanctions Legislation in Effect: Sergei Magnitsky Law

November 7, 2017

On November 3, 2017, the Government of Canada introduced regulations under the recently enacted Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML) imposing an asset freeze on a number of foreign nationals identified by the government to be responsible for, or complicit in, significant corruption or gross violations of human rights. Like other Canadian sanctions laws,…

Court Upholds Commercial Certainty in Alberta Power Purchase Arrangements

October 16, 2017

The Alberta Court of Queen’s Bench (Court) has released an important decision regarding the Alberta power industry, which brings certainty to the effective dates of termination of power purchase arrangements (PPAs) in Alberta. In the late 1990s, the Government of Alberta deregulated the electricity market and introduced competition into the market for electrical power and created the Balancing Pool to,…

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

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