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Reconciling Family and Professional Obligations: What Should an Employer Do?

March 20, 2015

  The Commission des relations du travail (CNT) confirmed in Dannie Bouchard c. 9180-6166 Québec inc. Honda de la Capitale, a decision rendered on January 20, 2015, that employers are not obligated to modify an employee’s work schedule to accommodate obligations relating to the care of the employee’s child, under neither the Charter of Human Rights and Freedoms (Quebec Charter)…

New P&C Insurance Demutualization Regulations: Unknown Unknowns

March 11, 2015

  On February 28, 2015, the Department of Finance released draft regulations under the Insurance Companies Act (Act) providing for a framework for the demutualization process applicable to mutual property and casualty insurance companies (P&C insurers). Demutualization is the process through which a mutual company is converted into a corporation with common shares. The Act requires that rules for demutualizing…

SCC Revisits Constructive Dismissal in Potter v. New Brunswick Legal Aid Services Commission

March 11, 2015

  INTRODUCTION On March 6, 2015, the Supreme Court of Canada (SCC) revisited and clarified the common law test for constructive dismissal in Potter v. New Brunswick Legal Aid Services Commission. In doing so, the SCC overturned decisions of the New Brunswick Court of Queen’s Bench and New Brunswick Court of Appeal, and found that an employee who had brought an…

OSC Affirms Breadth of Inter-Jurisdictional Enforcement Power, Limits on Sanctions in Conrad Black Case

March 10, 2015

  The recent decision in Re Conrad M. Black et al. illustrates how the Ontario Securities Commission (OSC) will use its inter-jurisdictional enforcement authority to impose sanctions relating to conduct in other jurisdictions to protect Ontario’s capital markets. Further, the decision reinforces that the OSC’s public interest power must only be invoked to restrain apprehended future misconduct and not to…

LNG Equipment and Buildings: Canadian Government Proposes Accelerated Writeoff

March 9, 2015

  On February 19, 2015, the Canadian government released draft regulations introducing accelerated capital cost allowance (CCA) for facilities in Canada that liquefy natural gas. The government’s intention is to encourage investment in new facilities to support the liquefied natural gas (LNG) industry in Canada.   The draft regulations provide for an additional 22-per-cent CCA allowance for equipment and structures…

The Boycott, Divestment and Sanctions Movement: Limits on Restricting Trade with Israel

March 6, 2015

Since 2005, a political action campaign referred to as the “Boycott, Divestment and Sanctions” movement (BDS Movement) has drawn public attention to the issue of Israeli-Palestinian relations. The BDS Movement promotes a variety of actions that are intended to restrict trade with Israel, including by targeting companies affiliated with or engaged in trade with Israel or Israeli businesses. Businesses should…

The Value of Real Property Assessments in British Columbia

March 6, 2015

  Determining the value of real property is a fundamental concern to buyers, sellers and lenders. Governments that depend on the taxation of real property to generate revenue are also interested in the valuation of real property and, accordingly, have set up extensive property assessment regimes to do so. Despite such regimes, the British Columbia Court of Appeal recently held…

C$1.1-Million Penalty Issued Under Canada’s Anti-Spam Law

March 6, 2015

  BACKGROUND   On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first Notice of Violation under Canada’s Anti-Spam Legislation (CASL), which included a C$1.1-million administrative monetary penalty (AMP).   The Notice of Violation was issued against Compu-Finder, a Quebec-based corporate training services provider. The CRTC alleged that between July 2, 2014 (the day after CASL…

​​Still Exempt? Important Changes to the Private Placement Regime

March 4, 2015

  The Canadian Securities Administrators (CSA) and Ontario Securities Commission (OSC) have finalized significant amendments to National Instrument 45-106 Prospectus Exemptions (NI 45-106) and the Companion Policy 45-106CP Prospectus Exemptions (Companion Policy) (which includes dropping “and Registration” from their names, since they no longer deal with registration). These amendments include changes to the accredited investor prospectus exemption (Accredited Investor Exemption),…

A Novel Cause of Action Coming Down the Track and Other Railway Legislation Changes

March 2, 2015

  Late last month, the federal government introduced Bill C-52, which, if enacted, will amend both the Canada Transportation Act (CTA) and the Railway Safety Act (RSA). The federal government also proposed new Railway Safety Management System Regulations (New SMS Regulations) under the RSA, which are intended to replace the existing SMS Regulations and expected to come into force on…