Category: Practice Areas

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Alert: What’s Mine is Legally Yours – New Definition of “Spouse” in the Pension Benefits Act

February 14, 2017

Without any pomp and circumstance, the definition of “spouse” under the Pension Benefits Act (Ontario) (PBA) was amended effective January 1, 2017. Under the revised definition, a spouse continues to include someone who is married to a person or who lives with a person in a ‘common-law’ relationship for at least three years. The definition also continues to include persons who…

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…

Ahead of the Class: Important Updates and Developments in Class Actions

February 7, 2017

This seminar discusses the latest trends in class actions and jurisprudence in Canada. This interactive discussion will span a cross-section of recent developments and hot-button topics in areas such as: Cybersecurity and privacy Multijurisdictional issues Post-certification strategies Mandatory Continuing Education The Plenary Session contains 20 minutes of Professionalism content and 40 minutes of Substantive content. This organization has been approved as…

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and deliberations, the Organisation for Economic Co-operation and Development (OECD) rendered public a revised draft Guidance on Due Diligence for Responsible Business Conduct (RBC Guide).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…

CSA Publishes Final Proxy Voting and Meeting Vote Reconciliation Protocols

February 6, 2017

The Canadian Securities Administrators (CSA) recently published the final form of CSA Staff Notice 54-305 Meeting Vote Reconciliation Protocols (Final Protocols) for enhancing the procedures involved in the tabulation of proxy votes for shares held through intermediaries.  BACKGROUND The CSA first published for comment proposed protocols (Proposed Protocols) on March 31, 2016 as part of CSA Multilateral Staff Notice 54-304 Final…

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…

Risky Business: B.C. Court of Appeal Lets Action About Foreign Operations Proceed in Canada

February 1, 2017

On January 26, 2017, the B.C. Court of Appeal’s (Court) decision in Garcia v. Tahoe Resources Inc. (Garcia) challenged the premise that claims will be dealt with where they occur. The decision will be a factor in future cases where defendants argue that claims against them for overseas events should be stayed in favour of foreign jurisdictions, especially where there…

2017 Proxy Advisory Firm Voting Guidelines: Canadian Highlights

January 31, 2017

As an early step in preparing for the upcoming proxy season, issuers should familiarize themselves with the Canadian proxy voting guidelines recently published by Institutional Shareholder Services Inc. (ISS) and Glass Lewis & Co. (Glass Lewis). This bulletin addresses certain of the updated topics covered by the ISS benchmark policy recommendations and Glass Lewis proxy guidelines regarding issuers listed on…

Proposed Regulations for Revised CBCA Provide Structure to Changes Proposed in Bill C-25

January 30, 2017

With the recent release of proposed regulations (Regulations), the Government of Canada has put some meat on the bones of the proposed changes to the Canada Business Corporations Act (CBCA) that were contained in Bill C-25 (Bill), which was released in the fall of 2016. In large measure, the Regulations continue the trend seen in the Bill of aligning the…

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