Category: Corporate & Commercial

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New Test: Ontario Court Stayed Action in the Face of Broad Arbitration Agreement

October 18, 2016

In Haas v. Gunasekaram (Haas), the Court of Appeal for Ontario clarified the test for staying court proceedings under section 7(1) of the Ontario Arbitration Act and emphasized that courts should enforce arbitration agreements where possible. In so doing, it reversed a lower court’s decision and stayed the plaintiff’s action. FACTS The plaintiff entered into a shareholders’ agreement relating to…

Cybersecurity Q&A: What Canadian Companies Need to Know about the EU’s New Data Protection Law

October 12, 2016

A consequence of the unconstrained international flow of information is that domestic data protection laws increasingly have implications abroad. The recent overhaul in the European Union’s data protection laws is a prime example of this, which will have implications for Canadian organizations of all sizes and types.

Amendments to Ontario’s Calorie Disclosure Requirements

October 12, 2016

Ontario’s Ministry of Health and Long Term Care recently announced amendments to the regulations (Regulations) under the Healthy Menu Choices Act, 2015 (Act), which, among other things, add new categories of items exempt from the Act’s labelling requirements. These amendments were made to clarify and provide further guidance on the Act. The Regulations have now been finalized and set out…

A New Arrangement? Alberta Court Requires Shareholder Vote for Acquiring Company in a Plan of Arrangement

October 11, 2016

In a recent Court of Queen’s Bench of Alberta case,  Alberta Oilsands Inc. (Re) (Alberta Oilsands), Justice A. D. Macleod made a surprising decision in the context of a plan of arrangement under the Business Corporations Act of Alberta (ABCA). Justice Macleod held in Alberta Oilsands that shareholders of an acquiring company in a plan of arrangement, at least on…

Let’s Eat: New Calorie Disclosure Requirements Coming to an Ontario Restaurant Near You

September 26, 2016

Big changes are coming to Ontario’s restaurant landscape. As of January 1, 2017, the Healthy Menu Choices Act (Act) will require food service chains with 20 or more locations in Ontario to disclose calorie information for most standard food and drink items on menus, labels, tags and signage. The changes will require many in the food service sector to implement…

New Opportunities for Ontario Businesses to Benefit from Electricity Rate Relief Program

September 16, 2016

During its throne speech on September 15, 2016, the Ontario government announced the expansion of its Industrial Conservation Initiative (ICI), thus giving more businesses access to a program that allows customers to significantly lower their year-round electricity costs by reducing consumption from the provincial grid during times of peak demand. Ontario’s ICI has been in place since 2011, but only…

Doing Business in Canada

September 9, 2016

Common Interest Privilege in Cross-Border Matters: Canada vs. U.S. Law

August 9, 2016

While many tenets concerning the protections afforded by privilege are similar in both Canada and the United States, there are key differences and treatment when it comes to settlement and common interest privilege, as some recent cases highlight. COMMON INTEREST PRIVILEGE IN CANADA Common interest privilege has been interpreted in Canada to apply to many communications providing the parties share…

Predictions for Alberta’s Renewable Electricity Program

June 23, 2016

The Alberta Electric System Operator (AESO) has been tasked with developing and implementing a plan to significantly increase renewable electricity generation capacity in the province from 11 per cent to 30 per cent of Alberta’s total generation capacity by 2030. The AESO recently provided its recommendations regarding its proposed renewable electricity program (REP) to the Alberta government.

Attention All Canadians Who Own, Control U.K. Subsidiaries: U.K. Government Implements PSC Register

June 22, 2016

The U.K. government recently enacted amendments to the U.K. Companies Act 2006, which requires non-listed U.K. companies and limited liability partnerships to maintain and file a register of people with significant control (PSC) or influence over them with Companies House (PSC Register). As of April 6, 2016, U.K. companies were required to maintain a PSC Register and make it available…

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