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Whistleblowers to be Rewarded, Protected under OSC Proposal

April 21, 2015

  Staff of the Ontario Securities Commission (OSC) has released for public comment a consultation paper on a proposed whistleblower program (Program), under which whistleblowers would be eligible for a financial reward of up to C$1.5 million.   The Program, outlined in OSC Staff Consultation Paper 15-401 – Proposed Framework for an OSC Whistleblower Program (Consultation Paper), has five major…

First Secondary Market Class Action to Reach SCC Denied Leave

April 20, 2015

  In a decision released on April 17, 2015, the Supreme Court of Canada (SCC) overturned the Québec Court of Appeal’s judgment in Theratechnologies Inc. v. 121851 Canada Inc. (See our July 2013 Blakes Bulletin: Statutory Secondary Market Misrepresentation Claims: Quebec Court of Appeal’s First Decision for more information.)   For the first time, the SCC considered the standard for…

Court Upholds First Nations’ Right to Bring Claims Based on Interference with Unproven Aboriginal Rights and Title

April 20, 2015

  In its recent decision in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc., the Court of Appeal for British Columbia (BCCA) confirmed that First Nations may bring actions against private parties in nuisance and breach of riparian rights on the basis of unproven aboriginal rights and title claims as well as Indian reserve rights.  …

Ontario to Adopt Cap-and-Trade System, Joining Quebec and California Carbon Market

April 16, 2015

  The Ontario government has signed an agreement with Quebec to create a joint cap-and-trade system to reduce greenhouse gas (GHG) emissions. In its announcement, Ontario has indicated that it will impose a hard ceiling on the amount of GHG emissions that is allowed to be produced by each sector of the economy. By linking Ontario’s system with Quebec’s and…

Alberta Court Clarifies Builders’ Lien Registration When Contract Abandoned

April 15, 2015

  On February 25, 2015, the Alberta Court of Appeal released its decision in Tervita Corporation v. ConCreate USL (GP) Inc. In that case, the court was required to determine whether a builders’ lien registered by Tervita Corporation (Tervita) was valid. In rendering its decision, the Court of Appeal answered two questions of interest to both contractors and owners:  …

Amendments to Code of Conduct for Credit and Debit Card Industry

April 14, 2015

  Amendments made to the Code of Conduct for the Credit and Debit Card Industry in Canada (Code) released by the Department of Finance on April 13, 2015, will have interesting repercussions across the entire payment industry affecting not only payment card networks but also, among others, acquirers, issuers and mobile app developers.   The Code came into force in…

Sale of Online Insurance Products: AMF Releases Recommendations

April 13, 2015

  On April 2, 2015, the Autorité des marchés financiers (AMF), the regulatory body responsible for enforcing the legislative framework applicable to the financial sector in Quebec, released a report entitled Internet Insurance Offerings in Québec: Presentation of Consultation Findings and Orientations (Report).   This Report follows a consultation held by the AMF in 2012 through which it sought comments…

A Skimmed Plan Nord: Keeping in Line with Quebec’s Current Economic Landscape

April 10, 2015

  The Quebec government first launched its Northern Plan, le “Plan Nord”, in 2011 with great fanfare. The Plan Nord seeks to develop Quebec’s vast territory north of the 49th parallel, which covers 72 per cent of the province or approximately 1.2 million km2. Since the initial announcement, the implementation of the Plan Nord has been stalled in large part…

Freeze, Ship – You’re Under Arrest: Former Warship Now Underwater Following Court Order

April 9, 2015

  The Federal Court ordered that a former Royal Canadian Navy destroyer be released from arrest before trial, without bail, so the ship could be sunk by its owner to create an artificial reef near Vancouver. The court’s order demonstrates that plaintiffs who cause a ship to be placed under arrest could become at risk of losing the powerful benefit…

Arbitration Outcomes Not Binding on Subsequent Arbitration Panels, Court Rules

April 8, 2015

  A recent Alberta Court of Queen’s Bench decision in ENMAX Energy Corporation v. TransAlta Generation Partnership addresses long-standing legal principles such as stare decisis and res judicata in the context of arbitration proceedings. In doing so, the court highlights some of the differences between arbitration and court proceedings. The decision is of particular interest to those parties seeking assistance from…

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