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Alberta Court Sheds Light on Gross Negligence Standard Required of Oil & Gas Operators

November 19, 2014

  The Alberta Court of Queen’s Bench recently addressed whether an operator of oil wells was grossly negligent in its development of a well, and in so doing added clarity to that term.   BACKGROUND In Bernum Petroleum Ltd v. Birch Lake Energy Inc, (Bernum), Bernum Petroleum Ltd. (Bernum), the operator, sought to recover the share of drilling costs of…

Happy New Year? AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

Let’s Be Honest: SCC Finds All Contracting Parties Owe Each Other a Duty of Honesty

November 17, 2014

  The Supreme Court of Canada (SCC) has just released its decision in Bhasin v. Hrynew, which recognizes for the first time in common law Canada that every party to a contract has a legal duty to perform its contractual obligations honestly and with regard to the legitimate interests of the other party. This duty cannot even be avoided by…

Alert: New Requirement to File Existing GST/HST Closely Related Party Elections Quickly Approaching

November 14, 2014

  Closely related Canadian corporations and partnerships often use an election under section 156 of the Excise Tax Act (Canada) to manage GST/HST on intercompany supplies of services and property (other than real property). The effect of the election is to deem every taxable supply between the electing parties to have been made for no consideration, resulting in no GST/HST…

Litigants Must Describe Records Sufficiently to Permit Assessment of Privilege Claim: Alberta Court

November 12, 2014

  On September 15, 2014, the Alberta Court of Appeal released its decision in Canadian Natural Resources Limited v. ShawCor Ltd. (CNRL), a case that will change how litigants are required to describe records over which they claim privilege in their affidavits of records. In CNRL, the Alberta Court of Appeal held that litigants must provide descriptions of their otherwise…

Extracting Transparency: New Bill Creates Mandatory Reporting Standards for Canada’s Extractive Industries

November 7, 2014

  INTRODUCTION   The Government of Canada recently introduced proposed legislation creating mandatory public reporting of payments to governments and government officials by the extractive sector. The proposed act, entitled theExtractive Sector Transparency Measures Act (ESTMA), is designed to further Canada’s fight against corruption by enacting reporting obligations with respect to payments made to foreign and domestic governments (and government…

Commissioner of Lobbying Releases Draft Revised Lobbyists’ Code of Conduct

November 5, 2014

  In October, the federal Commissioner of Lobbying released a revised draft of the Lobbyists’ Code of Conduct (Draft Code) for consultation. The existing Code provides a set of principles and rules outlining the behaviour expected of lobbyists in Canada. The Draft Code proposes several key amendments. Public affairs professionals and other lobbyists should take advantage of the consultation process…

Canadian Trade-mark Owners: Beware of Recent Frauds and Scams

November 4, 2014

  Owners of Canadian trade-marks are being targeted in a series of frauds and scams that, in various iterations, have been around for many years but which appear to have recently re-surfaced with a vengeance.   Canadian trade-mark owners are being sent correspondence from what appear to be governmental organizations. The correspondence typically shows the trade-mark and correctly identifies the…

New Proposed Provincial Capital Markets Legislation: What It Means for Registrants and Other Market Participants

November 3, 2014

  The Canadian government and the British Columbia, New Brunswick, Ontario, Prince Edward Island and Saskatchewan governments have signed a memorandum of agreement to formalize the terms and conditions of the new proposed cooperative capital markets regulatory system (Cooperative System). For more information on this, please see our September 2014 Blakes Bulletin: Cooperative Capital Markets Regulatory System Agreement and Draft…

B.C.’s Draft Legislation to Implement LNG Tax – Many Answers, Some Questions

November 3, 2014

  On October 21, 2014, the B.C. government released draft legislation introducing a liquefied natural gas (LNG) income tax (LNG Tax) on liquefaction activities that take place at LNG facilities in the province. The draft legislation provides details of the proposed new tax and answers questions that were left open in the high level discussion of the tax in the…

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