Category: Practice Areas

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Update: Ontario Court Upholds That Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract

March 7, 2018

Brand owners have leveraged celebrity endorsements for decades, and while they can be valuable, they can also be risky. In the event of a celebrity scandal, a brand owner may wish to terminate its relationship with the celebrity in question. One way that a brand owner may justify termination of an endorsement contract is by relying on a morals clause….

Implementing the Environment Quality Act – Quebec Government Publishes 24 Draft Regulations

March 5, 2018

CONTEXT On February 14, 2018, the Government of Quebec published 24 draft regulations that seek to implement amendments to the Environment Quality Act (EQA), as part of the modernization of its environmental approval scheme. The new draft regulations follow the publication of the draft Regulation respecting the environmental impact assessment and review of certain projects on December 13, 2017. These…

SCC Provides Guidance on Trustees’ Duty to Disclose Construction Bonds to Beneficiaries

March 5, 2018

The Supreme Court of Canada (SCC) ruled in its recent decision, Valard Construction Ltd. v. Bird Construction Co. (Valard Construction), that an “obligee” or trustee under a labour and material payment bond (usually the owner or general contractor) may be required to disclose the bond’s existence to its beneficiaries (usually subcontractors). Prior to this decision, Canadian courts held that an…

2018 Federal Budget: Excise Tax on Cannabis

March 2, 2018

On February 27, 2018, the Minister of Finance introduced Canada’s 2018 Federal Budget (2018 Budget), which looks to implement the excise duty framework for cannabis that was proposed in November 2017 (see our November 2017 Blakes Bulletin: Federal Government Proposes Excise Duties for Cannabis Producers). The duty will generally apply to all products available for legal purchase, which at the outset…

Formal Bidding Process Required to Find Bid-Rigging Violation, Quebec Court Rules

March 1, 2018

The Superior Court of Québec (Court) recently acquitted an individual charged with bid-rigging under the Competition Act in R. v. Rousseau because the prosecution failed to prove that the alleged bid-rigging occurred in the context of a call or request for bids or tenders. KEY TAKEAWAYS: The prosecution must establish that the customer calling for bids held a formal process,…

2018 Federal Budget: Proposal to Discontinue the Health and Welfare Trust Regime

March 1, 2018

On February 27, 2018, the Minister of Finance introduced Canada’s 2018 Federal Budget: Equality and Growth for a Strong Middle Class (2018 Budget), as well as an annexed Tax Measures: Supplementary Information (Supplementary Tax Measures), which include a proposal to discontinue the Health and Welfare Trust regime and provide for the transition of existing Health and Welfare Trusts into Employee…

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…

Retail Insolvencies in Canada Series, #3: Parent Perspectives

February 28, 2018

This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective of corporate parents of distressed Canadian retailers. This article follows in the shadow of Sears Canada’s inventory liquidation and cessation of operations in January 2018. The Sears Canada shut-down followed a failed attempt…

Another Step Forward: Canada Announces Impending DPA Legislation and Further Integrity Regime Amendments

February 27, 2018

On February 22, 2018, Public Services and Procurement Canada (PSPC) released the results of its public consultation on corporate wrongdoing and announced impending legislative and policy changes that will reshape Canada’s white-collar enforcement landscape. The consultation focused on the potential introduction of a Canadian deferred prosecution agreement (DPA) regime and the effectiveness of the government-wide Integrity Regime (Integrity Regime). Concurrent…

Choose Your Own Adventure: IIROC Requests Input on Enforcement Alternatives

February 27, 2018

The Investment Industry Regulatory Organization of Canada (IIROC) is engaged in a three-year strategic plan to expand its portfolio of enforcement options. As part of this initiative, IIROC has proposed two potential new enforcement options and has invited industry input. The proposal is to introduce a Minor Contravention Program (MCP) and Early Resolution Offers (ERO) into the IIROC enforcement portfolio….

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