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New Monetary Thresholds in Force under the Competition Act and Investment Canada Act

February 25, 2019

The Government of Canada recently increased the monetary thresholds under the Competition Act and Investment Canada Act for most transaction types. Companies whose transactions exceed the applicable monetary and control thresholds under these statutes are required to submit a filing and undergo a review before they can close their transactions. It is always important to check with counsel to assess which…

Up in the Air: Health Canada Considers Further Restrictions for Vaping Product Advertising

February 20, 2019

Health Canada recently proposed measures to reduce the impact of vaping product advertising on youth and non-users of tobacco products. If implemented, these proposals would significantly change vaping promotional restrictions under the federal Tobacco and Vaping Products Act (TVPA). THE LANDSCAPE: VAPING IN CANADA Until recently, the sale of vaping products containing nicotine was effectively illegal in Canada. This changed…

Improper Purpose by a Creditor? The Quebec Court of Appeal Weighs In

February 19, 2019

On February 4, 2019, the Quebec Court of Appeal (Court of Appeal) ruled in the restructuring proceedings of Bluberi Gaming Technologies Inc., now 9354‑9186 Québec Inc., et al. (Bluberi) that under the Companies’ Creditors Arrangement Act (Canada) (CCAA), creditors have a right to vote in their own self-interest. In so doing, the Court of Appeal reversed the lower court’s decision….

Priority Denied: Alberta Court of Appeal Determines Linear Property Tax Arrears Are Not Subject to a Special Lien

February 19, 2019

On February 12, 2019, the Court of Appeal of Alberta (Court) released its long-anticipated decision in Northern Sunrise County v. Virginia Hills Oil Corp. (Virginia Hills). The Court held that the taxation provisions of the Municipal Government Act (MGA) do not grant special lien priority to municipalities for tax arrears related to linear property (property that includes electric power systems,…

There Must Be Some Mistake: Purchase Price Must Be in Numbers and Words…or Not

February 15, 2019

The recent decision of Intergulf Investment Corporation v. 0954704 B.C. Ltd. from the British Columbia Court of Appeal (Court of Appeal) serves as a reminder to buyers and sellers of real estate, and their agents, to exercise care when drafting purchase and sale agreements. It should also help put to rest an outdated and unnecessary practice of writing the purchase…

Alberta Court of Appeal Restates the Test for Summary Judgment

February 12, 2019

On February 6, 2019, a five-justice panel of the Alberta Court of Appeal (Court) issued its eagerly awaited decision in Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. (Weir-Jones). The Court restated the test for summary judgment in Alberta, providing much needed certainty to litigants seeking a proportionate and timely end to disputes. BACKGROUND The Alberta Court of Appeal has…

2019 Proxy Advisory Firm Voting Guidelines: Canadian Highlights

February 11, 2019

In preparation 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), respectively. This bulletin addresses certain areas of the updated topics covered by the ISS benchmark policy recommendations and Glass Lewis’s proxy guidelines and shareholder initiatives guidelines, in each…

FINTRAC: All Amped Up

February 11, 2019

On February 8, 2019 the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), in an initiative to increase the transparency of its compliance regime, released new guidance materials to assist regulated entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) in their compliance efforts. While FINTRAC provides that the new materials are not intended to…

Ontario Drives Ahead with Public Road Testing of Autonomous Vehicles

February 4, 2019

On January 22, 2019, Ontario’s Ministry of Transportation (Ministry) moved one step closer to a future with driverless vehicles by expanding its 10-year pilot project to test and evaluate the use of automated vehicles (AVs) on Ontario roadways. Effective January 1, 2019, eligible participants in the Automated Vehicle Pilot Program (AV Pilot) are permitted to remotely operate automated passenger and…

Annual Review of Federal Financial Institution Legislation

February 1, 2019

In 2018, financial institutions in Canada witnessed yet another year of significant expansion in legislation and regulatory guidance impacting their operations. Key developments in 2018 included the conclusion of the statutory review of federal financial sector legislation, the introduction of a new federal consumer protection framework, a new wave of proposed amendments to the anti-money laundering legislation, finalization of the…

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