Category: Practice Areas

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IIROC Making Fine Progress in Monetary Collection Efforts

May 17, 2018

The Investment Industry Regulatory Organization of Canada (IIROC) recently released its Annual Enforcement Report (Report), which highlights IIROC’s efforts to increase its rate of collection on monetary fines, including through increased legal authority to collect unpaid fines through the provincial court systems. INCREASED LEGAL AUTHORITY As detailed in the Report, since January 2017, IIROC has been granted enhanced enforcement capabilities…

CRA Publishes Excise Duty Guidance and Licence Applications for Cannabis Producers

May 16, 2018

On May 14, 2018, the Canada Revenue Agency (CRA) published its first guidance for cultivators, producers and packagers of cannabis products, as well as the application forms for excise duty licences and the cannabis excise stamping regime. The CRA has also committed to publishing at least one additional excise duty notice to explain how the proposed additional cannabis duty, which…

What the GDPR Means for Canadian Businesses

May 15, 2018

On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force. Though not a Canadian law, the GDPR will apply to Canadian businesses that offer goods or services to, or monitor the behaviour of, EU residents. Canadian businesses that process personal information on behalf of organizations located in the EU will also be impacted.  The…

EU Top Court Rules EU Investment Arbitration Tribunals Are Incompatible with EU Law: Implications for Investors

May 15, 2018

In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is fundamentally incompatible with EU law. The decision may effectively invalidate the 196 BITs currently in force between EU Member States. For Canadian and other non-EU parties,…

Competition Law Compliance: Canada’s Competition Bureau Releases New Draft Immunity and Leniency Programs

May 14, 2018

In today’s enforcement climate, it is critical that businesses adopt and adhere to a competition law compliance policy that accords with the Competition Bureau’s 2015 bulletin on Corporate Compliance Programs. That’s the message from the Competition Bureau (Bureau), which on May 8, 2018, released a new draft of its Immunity and Leniency Programs (Draft Programs). The Draft Programs apply to…

Canadian Investors Take Note: Budding Green Loan Market Set to Ramp Up in 2018

May 14, 2018

Green bonds have been steadily gaining in popularity, becoming a high-profile instrument in capital markets and now green loans are set to ramp up in 2018. Green loans are getting their own voluntary recommended guidelines to promote consistency in the emerging green loan market. Building on the internationally recognized Green Bond Principles of the International Capital Market Association (ICMA), the…

Mind the Gap: Merger Efficiencies in the United States and Canada

May 9, 2018

Notwithstanding the close ties between Canada and the United States, there is a difference in the way that mergers are reviewed on either side of the border — which is important because a significant number of mergers are reviewed by both the Canadian Competition Bureau and the U.S. antitrust agencies. This article originally appeared in the Spring 2018 issue of…

Recent Developments in Pension and Employee Benefits Law

May 8, 2018

The panel discusses recent updates and legal developments in pension and employee benefits as well as employment law issues. Topics In Brief: Case Law and Regulatory Update Lindsay McLeod and de Lobe Lederman Administrator DisDischarge on Annuity Purchases in Ontario Kathryn Bush Budget Breakdown: What Does the Federal Budget Mean for Health and Welfare Trusts? Plus: Group Benefit Administrative Issues…

Ontario to Revoke New Holiday Pay Calculation Rule

May 8, 2018

The Ontario government has announced that it will reverse a Bill 148 amendment on the calculation of public holiday pay. The Bill 148 amendment, which came into force on January 1, 2018, was highly criticized by employers as costly and confusing. For example, the Bill 148 calculation required the payment of a full day of pay to any part-time worker…

Careless Whispers: Ex Parte Communications Lead to Overturned Arbitration Award

May 3, 2018

In its recent decision in Hunt v. The Owners, Strata Plan LMS 2556, the British Columbia Court of Appeal (BCCA) held that private communications between an arbitration panel and only one party to the arbitration can give rise to a reasonable apprehension of bias, rendering the arbitration award void and unenforceable.   BACKGROUND The arbitration was between the owners of a…

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