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Canada Responds to New U.S. Steel Tariffs with Dollar-for-Dollar Measures Against Certain U.S. Imports

June 1, 2018

On May 31, 2018, the United States announced that it would be imposing tariffs on certain Canadian steel and aluminum products. Canada responded immediately by announcing that as of July 1, 2018, it will impose surtaxes or similar trade-restrictive countermeasures on steel, aluminum and other specified goods imported from the United States, with a value of up to C$16.6-billion. The…

Changes En Route: Bill C-49 Becomes Law, Canadian Airlines Get New Ownership Rules

May 29, 2018

On May 23, 2018, the Transportation Modernization Act (Bill C-49) came into force, making several important amendments to the Canada Transportation Act (Act). Bill C-49 aims to grow the transportation industry, modernize the transportation regulatory framework in Canada and enhance consumer protection. Bill C-49 received royal assent on May 23, 2018. It had previously been passed by the House of…

Court of Appeal for Ontario Reaffirms Stringent Test for Piercing the Corporate Veil

May 28, 2018

In its recent decision in Yaiguaje v. Chevron Corporation, the Court of Appeal for Ontario (OCA) reaffirmed the principle of corporate separateness and confirmed the stringent requirements that must be proven in order to pierce the corporate veil. BACKGROUND In 2012, 47 Ecuadorian residents sought recognition and enforcement in the Ontario Superior Court of Justice of a US$9.51-billion judgment against…

Lottery Winner Loan Case Sets Precedent, B.C. Court Reforms Centuries-Old Consideration Doctrine

May 24, 2018

In its May 18, 2018 decision, Rosas v. Toca (Rosas), the British Columbia Court of Appeal (Court of Appeal) permitted a contract to be varied without the exchange of fresh consideration. If adopted more broadly, Rosas may have wide-ranging implications. BACKGROUND In January 2007, the plaintiff won over C$4-million in the lottery. After depositing the proceeds, she loaned C$600,000 for…

Certain Provisions of Quebec’s Pay Equity Act Are Invalid, SCC Rules

May 22, 2018

On May 10, 2018, the Supreme Court of Canada (SCC) confirmed that certain sections of the Quebec Pay Equity Act (Act) regarding pay equity audits were invalid, inapplicable and unenforceable. The SCC agreed with the Quebec Court of Appeal’s decision as well as that of the Quebec Superior Court and determined that sections 76.3, 76.5 and 103.1, paragraph 2, of…

FCAC Report Identifies 11 Best Practices in Financial Consumer Protection

May 22, 2018

Building on the federal government’s continued commitment to modernize and enhance Canada’s financial consumer protection framework (Framework), the Financial Consumer Agency of Canada (FCAC) has released its Report on Best Practices in Financial Consumer Protection (Report). While the Report provides useful insight into the financial consumer protection landscape in Canada, at this time, it remains unclear how the Report’s findings…

IIROC Making Fine Progress in Monetary Collection Efforts

May 17, 2018

The Investment Industry Regulatory Organization of Canada (IIROC) recently released its Annual Enforcement Report (Report), which highlights IIROC’s efforts to increase its rate of collection on monetary fines, including through increased legal authority to collect unpaid fines through the provincial court systems. INCREASED LEGAL AUTHORITY As detailed in the Report, since January 2017, IIROC has been granted enhanced enforcement capabilities…

CRA Publishes Excise Duty Guidance and Licence Applications for Cannabis Producers

May 16, 2018

On May 14, 2018, the Canada Revenue Agency (CRA) published its first guidance for cultivators, producers and packagers of cannabis products, as well as the application forms for excise duty licences and the cannabis excise stamping regime. The CRA has also committed to publishing at least one additional excise duty notice to explain how the proposed additional cannabis duty, which…

Competition Law Compliance: Canada’s Competition Bureau Releases New Draft Immunity and Leniency Programs

May 14, 2018

In today’s enforcement climate, it is critical that businesses adopt and adhere to a competition law compliance policy that accords with the Competition Bureau’s 2015 bulletin on Corporate Compliance Programs. That’s the message from the Competition Bureau (Bureau), which on May 8, 2018, released a new draft of its Immunity and Leniency Programs (Draft Programs). The Draft Programs apply to…

Ontario to Revoke New Holiday Pay Calculation Rule

May 8, 2018

The Ontario government has announced that it will reverse a Bill 148 amendment on the calculation of public holiday pay. The Bill 148 amendment, which came into force on January 1, 2018, was highly criticized by employers as costly and confusing. For example, the Bill 148 calculation required the payment of a full day of pay to any part-time worker…

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