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How the Comeau Decision May Affect Inter-Provincial Distribution of Cannabis

September 12, 2017

A recent appeal regarding the inter-provincial importation of alcohol may have impact on the structure of provincial cannabis distribution in Canada. The appeal of R. v. Comeau (Comeau) is currently before the Supreme Court of Canada (SCC) and could significantly impact the fast-developing legislative and regulatory regimes for recreational cannabis. Licences issued under the Access to Cannabis for Medical Purposes…

Ontario Unveils Cannabis Distribution Plans

September 8, 2017

On September 8, 2017, Ontario unveiled its plan to give the existing Liquor Control Board of Ontario (LCBO) the oversight of retail sales of recreational cannabis in Ontario, upon its legalization in Canada. Sales will be made through new standalone cannabis stores (not combined with alcohol) and through an online ordering service. The announcement is consistent with broad industry expectations…

New Reporting Requirements Now in Force in Quebec for Mining, Oil and Gas Industries

September 8, 2017

Quebec mining and oil and gas industries must now comply with the Regulation respecting the application of the Act respecting transparency measures in the mining, oil and gas industries (Regulation), which came into force on August 3, 2017. The Act is designed to impose transparency measures in the mining and oil and gas industries, discourage and detect corruption and foster…

Plan Approvals Submitted Under Environmental Permits Are Appealable Decisions in B.C.

September 7, 2017

In the recent decision in Unifor Local 2301 v. Rio Tinto Alcan Inc., the British Columbia Court of Appeal (Court) confirmed that approval of a monitoring plan submitted under an environmental permit falls within the definition of a “decision” under the appeal provisions of the Environmental Management Act (EMA). The case is a useful reminder to industry proponents that plans…

London Interbank Offered Rate to Be Replaced By End of 2021

August 31, 2017

The U.K.’s Financial Conduct Authority (FCA) recently announced that the London Interbank Offered Rate (LIBOR) is to be phased out by the end of 2021 and replaced with a more reliable alternative. LIBOR is a daily benchmark interest rate set at approximately 11:45 a.m. (London time) every morning by a panel of leading banks in the U.K. It is the…

B.C. Court of Appeal Decision a Setback for Class Action Defendants

August 28, 2017

On August 18, 2017, the British Columbia Court of Appeal (Court of Appeal) released a significant decision relating to certification matters for class actions that could have wide-ranging effects on competition class actions commenced in B.C. and elsewhere. Godfrey v. Sony Corporation (Godfrey) involved an appeal from a B.C. Supreme Court decision allowing certification of a class action on behalf…

Back to the Future: Finance Canada Releases Second Consultation on Financial Sector Legislation

August 23, 2017

On August 11, 2017, Canada’s Department of Finance (Finance Canada) launched the second stage of its consultation process to review the legislative and regulatory framework of the federal financial sector, by releasing its second consultation paper, titled “Potential Policy Measures to Support a Strong and Growing Economy: Positioning Canada’s Financial Sector for the Future” (Consultation Paper). Finance Canada is consulting…

Missing Pension Plan Beneficiaries and the Federal Consultation Paper on the Financial Sector Framework

August 22, 2017

The Bank of Canada currently maintains a program for holding account balances for missing individuals, which are transferred from banks and trust companies in certain circumstances. On August 11, 2017, the federal Department of Finance released a consultation paper (Consultation Paper) indicating that consideration is being given to modernizing this program. We understand that the federal Department of Finance may…

Ontario Court Upholds Ruling Reducing Exaggerated Lien

August 18, 2017

The Ontario Superior Court of Justice (Divisional Court) recently released its decision in HMI Construction Inc. v. Index Energy Mills Road Corp., upholding a motion decision that reduces the security required to vacate liens registered under the Construction Lien Act (CLA). The decision illustrates the importance for contractors to correctly calculate their lien claims, the remedies available to an owner…

Mandatory Clearing of OTC Derivatives Delayed for Certain Entities

August 17, 2017

The Canadian Securities Administrators (CSA) have taken steps to postpone until August 20, 2018 the phase-in date of the mandatory clearing requirements set out in National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives (NI 94-101) for certain categories of counterparties. The delay in the application of the rule to these counterparties will not affect transactions and counterparties that are…

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