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​Augusta’s Rights Plan – BCSC Releases Reasons for Decision

July 8, 2014

On June 27, 2014, the British Columbia Securities Commission (BCSC) released the reasons for its May 2, 2014 decision declining to immediately cease trade the shareholder rights plan (also known as a “poison pill”) of Augusta Resource Corporation (Augusta) in the face of a hostile take-over bid for Augusta made by HudBay Minerals Inc. (Hudbay). In its decision, the BCSC…

CRTC Updates FAQS on Registered Charities Under CASL

July 7, 2014

On July 1, 2014, Canada’s Anti-Spam Legislation (CASL) came into force. For many organizations in the charitable and not-for-profit sector (collectively, NFPs), the road to compliance was and continues to be a challenge. In particular, questions surrounding the scope and applicability of the registered charities exemption have resulted in confusion and uncertainty for many NFPs. Last Friday, the Canadian Radio-television…

Conducting Business in Africa: The Impact of Canada’s Corruption of Foreign Public Officials Act

July 7, 2014

According to statistics released by the International Monetary Fund, 12 of the 20 fastest-growing economies into 2015 will be African nations. Opportunities are thriving for investors seeking to tap into Africa’s increasingly attractive business environment. While there have been improvements in governance and security in the past decade, the region’s history of instability and corruption continues to be a source…

A Refreshing Decision: Quebec Court Refuses to Authorize vitaminwater® Class Action

June 20, 2014

  On June 11, 2014, the Quebec Superior Court rendered an important class action decision in the matter ofWilkinson c. Coca-Cola Ltd., dismissing a motion for authorization to institute a class action against Coca-Cola Ltd. and Energy Brands Inc., who were accused of making false representations regarding the contents and benefits of vitaminwater® beverages.     FACTUAL CONTEXT   The…

Supreme Court Defines Criteria for Identical Questions of Fact and Law in Class Action Matters under Quebec Law

January 27, 2014

  In the case of Vivendi Canada Inc. v. Dell’ Aniello (Vivendi), the Supreme Court of Canada (SCC) once again addressed the scope of the criteria for the authorization of class actions, in particular the criterion of identical questions of fact and law set out by article 1003(a) of the Code of Civil Procedure (CCP). This follows another important decision on this matter rendered…

SCC Allows Indirect Purchaser Class Actions to Proceed

October 31, 2013

  On October 31, 2013, the Supreme Court of Canada (SCC) released its decisions allowing the appeal from the British Columbia Court of Appeal (BCCA) in Pro-Sys Consultants Ltd. v. Microsoft Corporation (Pro-Sys) and dismissing the appeal from the BCCA in Sun-Rype Products Ltd. v. Archer Daniels Midland Company (Sun-Rype) and the appeal from the Quebec Court of Appeal (QCA) in Infineon Technologies AG v….

Regulators Consult on Concerns about Canada’s Proxy Voting Infrastructure

August 23, 2013

  Highlights CSA question whether accurate vote reconciliation occurring within the proxy voting infrastructure Should an end-to-end vote confirmation system be implemented? CSA remind registered firms they are accountable for functions outsourced to service providers   The Canadian Securities Administrators (CSA) have published Consultation Paper 54-401 – Review of the Proxy Voting Infrastructure for a 90-day comment period. The Consultation…

Canada’s First Foreign Bribery Trial Results in First Conviction of an Individual

August 19, 2013

IntroductionOn August 15, 2013, the Ontario Superior Court of Justice convicted Nazir Karigar of offering bribes contrary to section 3(1)(b) of the Corruption of Foreign Public Officials Act (CFPOA). This is the first trial decision of a charge under the CFPOA, and the first conviction against an individual. In the course of convicting Mr. Karigar, the Court affirmed a number of interesting and potentially important…

Foreign Investment in Canada: Lessons from the U.S. Steel Case

December 15, 2011

​Foreign investors often have to give undertakings or binding commitments to the Canadian federal government when they acquire a Canadian business in order to secure regulatory approval under the Investment Canada Act (ICA). These undertakings can include maintaining employment and production levels and commitments to future capital expenditures, among other assurances. A recently concluded case, United States Steel Corporation v….

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