Category: Practice Areas

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All’s Fair: Ontario Court Affirms Fairness Opinion Practice

June 12, 2014

  Two recent decisions of the Ontario Superior Court of Justice, Commercial List have clarified the role of fairness opinions in M&A transactions undertaken by way of plan of arrangement.  These decisions follow the uncertainty created by the court’s decision in Champion Iron Mines Limited (Re). Please see our previous Blakes Bulletin: Courts Are Not ‘Rubber Stamps’ for Approving Plans of Arrangement:…

(Don’t) Let it Go: B.C. Court Sets Test for Freezing Assets in International Arbitration

June 12, 2014

  A judgment released on June 2, 2014 by the British Columbia Court of Appeal has important implications for international arbitration in British Columbia and granting orders freezing defendants’ assets (commonly referred to as Mareva injunctions).  The Court of Appeal re-affirmed the court’s more relaxed approach to granting and upholding Mareva injunctions in British Columbia, particularly in support of international arbitration. The decision confirms that in…

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…

B.C.’s Privacy Act Trumps Jurisdiction Selection Clause

June 12, 2014

  In Douez v. Facebook Inc., the Supreme Court of British Columbia recently certified a class proceeding against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act involving unauthorized commercial use of users’ names and likenesses. In doing so, the court exercised its jurisdiction over the claim despite the fact that Facebook’s standard terms of use contain a forum selection clause…

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….

Dazed and Confused: Alberta Arbitration Board Disagrees on How to Apply Top Court Ruling on Alcohol and Drug Testing

June 12, 2014

The Alberta Arbitration Board’s (Board) decision on random alcohol and drug testing in Unifor, Local 707A v. Suncor Energy Inc., Oil Sands has attracted significant media attention and commentary, following in the wake of the Supreme Court of Canada’s ruling on random alcohol testing last year. A majority of the Board held that Suncor Energy’s proposed implementation of random alcohol and drug…

(Don’t) Let it Go: B.C. Court Sets Test for Freezing Assets in International Arbitration

June 5, 2014

  A judgment released on June 2, 2014 by the British Columbia Court of Appeal has important implications for international arbitration in British Columbia and granting orders freezing defendants’ assets (commonly referred to as Mareva injunctions).  The Court of Appeal re-affirmed the court’s more relaxed approach to granting and upholding Mareva injunctions in British Columbia, particularly in support of international arbitration. The decision confirms that in…

Hot-Button Topics in Intellectual Property Law

June 3, 2014

  Blakes is once again hosting our popular annual seminar on Hot-Button Topics in Intellectual Property Law. This fast-paced and informative session offers attendees an opportunity to learn about a wide variety of recent developments in intellectual property. Blakes lawyers and patent agents will highlight the key elements of each topic and provide forecasts and constructive recommendations. In all, there…

Pensions Newsletter – June 2014

June 1, 2014

Welcome to the sixth issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice.  For additional information or to discuss how any aspect of these developments may affect you, please contact a member of the Blakes Pensions, Benefits & Executive Compensation group.​ In This…

Karigar Receives Three Years in Landmark Corruption Sentencing

May 26, 2014

  OVERVIEW   On May 23, 2014, Nazir Karigar was sentenced to three years in prison for offering to bribe foreign officials contrary to section 3(1)(b) of the Corruption of Foreign Public Officials Act (CFPOA). This is the first time that an individual convicted under the CFPOA has been sentenced and the first time that a jail term has been handed out….

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