Category: Corporate & Commercial

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The Ins and Outs of Canada’s New Trade Agreement and NAFTA Replacement, the USMCA

October 3, 2018

On September 30, 2018, Canada and the United States resolved outstanding trade issues and announced that they, together with Mexico, agreed to a trilateral United States-Mexico-Canada Agreement (USMCA). Once ratified, the USMCA will replace the existing trilateral North American Free Trade Agreement (NAFTA), which has been in place between the three countries since 1994. BACKGROUND The USMCA represents an agreement…

Lavender Haze Lifts: Court of Appeal Clarifies Auditor’s Duty of Care

September 6, 2018

On September 5, 2018, in Lavender v. Miller Bernstein LLP (Lavender), the Court of Appeal for Ontario (Court of Appeal) overturned a lower court decision that an auditor had a duty of care to its client’s clients. In doing so, the Court of Appeal applied the principles articulated by the Supreme Court of Canada (SCC) in Deloitte & Touche v….

2018 Legal Trends: The Sharing Economy

June 12, 2018

As part of our quarterly series on current trends across different industries, our second article takes a closer look at the sharing economy and how this new economic model impacts suppliers, customers and platform providers in various ways. Here are a few legal trends to watch for as the sharing economy evolves.

Canada and Israel Sign Modernized Free Trade Agreement

June 7, 2018

Canada’s Minister of International Trade, François-Philippe Champagne, and Israel’s Minister of the Economy and Industry, Eli Cohen, recently signed the Protocol Amending the Canada-Israel Free Trade Agreement (Protocol). Once the Protocol is ratified by both governments, a modernized Canada-Israel Free Trade Agreement (CIFTA) will enter into force, benefitting businesses and exporters in Canada and Israel. WHAT’S NEW? When the original…

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…

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…

Ontario’s New Construction Lien Act: An Update

April 18, 2018

There have been many developments since our original seminar on the proposed changes to the Construction Lien Act (Act). The final version of the Act reflected a number of changes proposed during the public consultation process. As a result, the Act as passed differed in some respects from the one discussed at the previous seminar. Draft regulations have now been…

Attorney General Electricity Battle Over PPAs in Alberta Comes to a Close

March 13, 2018

The Attorney General of Alberta (AG) and ENMAX have recently settled the legal proceedings brought in 2016 (AG Action) by the provincial government against several former buyers of power purchase arrangements (PPAs). The AG previously settled with various PPA buyers in November and December 2016. By a consent judgment filed March 9, 2018, the AG Action was dismissed against all…

Canada Signs the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

March 9, 2018

On March 8, 2018, Canada signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an agreement between the 11 remaining signatories to the Trans-Pacific Partnership (TPP) after the United States withdrew from the TPP. Canada was joined in signing the CPTPP by Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Upon entry into force, the…

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