Category: Corporate & Commercial

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ICC Looks to Streamline Arbitrations with Amended Rules

February 2, 2017

The International Chamber of Commerce (ICC) is streamlining its arbitration process to reduce the length and cost of arbitrations and has released amendments to its Rules of Arbitration (ICC Rules), which will come into force on March 1, 2017. Among the most notable changes is a new expedited procedure for resolving disputes in which the amount claimed is less than…

Corporate Veil Preserved: Court Dismisses Action Against Canadian Subsidiary in Chevron Case

January 27, 2017

On January 20, 2017, in Yaiguaje v. Chevron Corporation, the Ontario Superior Court of Justice (Commercial List) (Court) dismissed the plaintiffs’ action to execute against the shares and assets of Chevron Canada Limited (Chevron Canada) in satisfaction of a judgment of a foreign court. In doing so, the Court reaffirmed principles of corporate separateness and confirmed the high threshold that…

Some Changes Ahead for the Tax Objection and Appeal Process of the Canada Revenue Agency

December 12, 2016

On November 29, 2016, the Auditor General of Canada released the 2016 Fall Reports, including “Income Tax Objections”, regarding the Canada Revenue Agency’s (CRA) management of income tax objections. This bulletin provides an overview of the Report and highlights its recommendations and the CRA’s responses and plans for improvement. The Office of the Auditor General sought to answer a simple…

Oppression in the Context of a Closely Held Corporation: SCC Weighs In

December 7, 2016

In Mennillo v. Intramodal inc., the first oppression remedy case to reach the Supreme Court of Canada (SCC) since BCE Inc. v. 1976 Debentureholders, the SCC provided clarity on how the oppression remedy operates within closely held corporations and what will and will not be considered oppression under the Canada Business Corporations Act (CBCA). Blakes represented the appellant in the…

Update on Electricity Rate Relief Program for Ontario Businesses

December 5, 2016

The expansion of Ontario’s Industrial Conservation Initiative (ICI) to provide electricity rate relief to more businesses comes into effect on January 1, 2017. Businesses who want to participate in the expanded ICI program must provide written notice to their electricity provider in order to qualify. In our September 2016 Blakes Bulletin: New Opportunities for Ontario Businesses to Benefit from Electricity…

Ban Proposed on the Expiry of Rewards Points in Ontario

December 2, 2016

On October 20, 2016, an Ontario member of provincial parliament introduced Bill 47, Protecting Rewards Points Act (Consumer Protection Amendment), 2016 (Bill). The Bill’s purpose is primarily to prohibit the expiry of rewards points in Ontario due to the passage of time. While private members’ public bills do not frequently become law, this Bill has gained traction and quickly passed…

Plan of Arrangement: A Vote for All? Not So, Says Court of Appeal

November 30, 2016

In Smoothwater Capital Corporation v. Marquee Energy Ltd. (Smoothwater), the Alberta Court of Appeal (Court) overturned the Alberta Court of Queen’s Bench controversial decision granting shareholders of an acquiring company a vote in a plan of arrangement. For further information, please see our October 2016 Blakes Bulletin: A New Arrangement? Alberta Court Requires Shareholder Vote for Acquiring Company in a…

SCC Upholds Solicitor-Client, Litigation Privilege in Recent Rulings

November 28, 2016

In two decisions released on November 25, 2016, the Supreme Court of Canada (SCC) affirmed the fundamental importance of litigation privilege and solicitor-client privilege. In Lizotte v. Aviva Insurance Company of Canada (Lizotte), the SCC dealt with issues relating to the breadth of litigation privilege and confirmed that it exists as a stand-alone privilege under Quebec law, while in Alberta…

Bill C-25 Looks to Include Majority Voting, Diversity Disclosure Requirements in Canada Business Corporations Act

October 24, 2016

The Government of Canada recently introduced Bill C-25 (Bill), titled “An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act”. Among the changes to the Canada Business Corporations Act (CBCA) proposed in the Bill are: Substantial amendments to the director-election provisions A requirement for certain corporations to send…

Cybersecurity Data Breaches and Mandatory Privacy Breach Reporting: Lessons from Alberta

October 19, 2016

In an increasingly interconnected and digitized world, data breaches have become ever more common. The wealth of personal information that corporations have in their possession means that such breaches can occur in even the most benign circumstances. Although many corporations have developed sophisticated privacy and cybersecurity protocols to minimize these risks, data breaches have become a feature of 21st century…

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