Category: Corporate & Commercial

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“The Donald” Trumps Condo Buyers by Avoiding Trade-mark Licensor Liability

July 22, 2015

  United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate affiliates to use Mr. Trump’s name and trade-marks for the 70-storey mixed-use TRUMP TOWER complex in downtown Toronto.    BACKGROUND   In Singh v. Trump (Singh), the developer…

2015 Federal Budget – Selected Tax Measures

April 22, 2015

  On April 21, 2015, the Minister of Finance presented Canada’s long-awaited 2015 Federal Budget (the 2015 Budget). The 2015 Budget includes a number of taxpayer-friendly measures, including limited relief from Canadian source withholding requirements for some non-resident employers, extension of accelerated tax depreciation rates for machinery and equipment and a phased-in decrease in the small business tax rate. However,…

Ontario to Adopt Cap-and-Trade System, Joining Quebec and California Carbon Market

April 16, 2015

  The Ontario government has signed an agreement with Quebec to create a joint cap-and-trade system to reduce greenhouse gas (GHG) emissions. In its announcement, Ontario has indicated that it will impose a hard ceiling on the amount of GHG emissions that is allowed to be produced by each sector of the economy. By linking Ontario’s system with Quebec’s and…

C$1.1-Million Penalty Issued Under Canada’s Anti-Spam Law

March 6, 2015

  BACKGROUND   On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first Notice of Violation under Canada’s Anti-Spam Legislation (CASL), which included a C$1.1-million administrative monetary penalty (AMP).   The Notice of Violation was issued against Compu-Finder, a Quebec-based corporate training services provider. The CRTC alleged that between July 2, 2014 (the day after CASL…

Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

February 17, 2015

  A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered trade-marks. It also addresses new constitutional challenges to this legislation.   In Quebec v. 156158 Canada Inc., 24 anglophone merchants in the Montréal area challenged…

Reminder: CASL’s Software Installation Provisions Take Effect on January 15, 2015

January 14, 2015

  Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting malware and will impact companies that install computer programs even where there is no improper purpose. As a result, many businesses, including those outside of…

AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

Happy New Year? AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

Shoppers Surprisingly Willing To Give Up Privacy For Deals

October 3, 2014

Retailers are in a hurry to beam messages to shoppers in stores using new technology. There has been some debate as to whether shoppers will welcome this messaging or simply find it creepy. Now there’s new research to indicate it’s the former. Close to half of all smartphone owners are open to receiving location-based messages, if it means receiving more…

Selected International Measures from August 2014 Legislative Proposals

September 8, 2014

On August 29, 2014, the Minister of Finance released for consultation draft legislative proposals (August 29 Proposals) to amend the Income Tax Act (Canada) (Act) which would implement certain measures from the 2014 federal budget as well as certain other measures. The government has invited comments by September 28, 2014. It is expected that the government will then introduce these…

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