Category: Corporate & Commercial

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As Coming into Force Looms, CRTC Publishes Anti-Spam Corporate Compliance Guidance

June 20, 2014

With less than two weeks to go before the coming into force date for the main provisions of Canada’s Anti-Spam Legislation (CASL), the Canadian Radio-television and Telecommunications Commission (CRTC) published a number of infographics and a Compliance and Enforcement Information Bulletin CRTC 2014-326: Guidelines to help businesses develop corporate compliance programs (Compliance Bulletin).     BRIEF BACKGROUND   Designed as one of…

Handle with Care: Ontario Court Finds Boilerplate Arbitration Clause Doesn’t Apply

June 16, 2014

A recent decision of the Ontario Superior Court of Justice highlights the importance of drafting arbitration clauses with care. In2156775 Ontario Inc. v. Just Energy, the court dismissed a motion to stay an action in favour of arbitration, finding that the dispute was not captured by the arbitration clause.     FACTS   The plaintiff customer allegedly entered into contracts…

Government of Québec 2014-15 Budget – Public Financial Discipline Imposed: Impact on Businesses

June 12, 2014

  The goal of the newly elected majority government (Government) is to create both wealth and employment in Quebec. To achieve this goal, the Government needs to end the structural imbalance of public finances. There are two pillars underlying this goal: a growing economy and sound, balanced public finances. The Government has identified five measures for achieving economic prosperity: support…

Public Procurement in Quebec: New Authorization Regime under Judicial Scrutiny

June 12, 2014

On December 7, 2012, in the wake of the corruption and collusion scandals, the newly elected Quebec government (Government) adopted its first piece of legislation, the Integrity in Public Contracts Act (Integrity Act), which introduced the requirement for business enterprises wishing to contract with the Government to obtain a prior authorization from the Autorité des marchés financiers (AMF), Quebec’s financial markets regulator….

Sign Language: Quebec Court Rules on English-only Trade-mark Use in Public Signs

April 15, 2014

  On April 9, 2014 the Superior Court of Québec issued a long-awaited decision sought by various retailers who challenged the interpretation of Quebec’s language legislation by the Office Québécois de la langue française (OQLF) in relation to the use of trade-marks in a language other than French on storefront signs. In Magasins Best Buy ltée c. Québec (Procureur général), the…

Good News for Canadian Businesses: International and Internal Trade a Priority in 2014 Budget

February 13, 2014

  On February 11, 2014, Minister of Finance Jim Flaherty tabled Economic Action Plan 2014 (Budget 2014) in the House of Commons. In Budget 2014, the federal government outlined a number of significant trade developments that have occurred over the past year, confirmed tariff relief for offshore oil and gas exploration companies, and introduced several new initiatives to ensure that consumers and…

2014 Federal Budget – Selected Tax Measures

February 12, 2014

  There is an evident international theme to many of the tax measures included in the 2014 Federal Budget presented by the Minister of Finance on February 11, 2014 (the 2014 Budget). The 2014 Budget includes proposals to address back-to-back loans in the context of the restrictions on the deductibility of interest under the thin capitalization rules as well as…

Whistleblowing for Money: CRA’s New Offshore Tax Informant Program

February 4, 2014

  OVERVIEW The Canada Revenue Agency (CRA) opened its Offshore Tax Informant Program (OTIP) on January 15, 2014. Under the OTIP, the CRA pays eligible informants for certain written information provided only about major cases of international tax evasion or avoidance. This information must lead to the collection of more than C$100,000 of additional federal tax once all rights of…

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