Category: Corporate & Commercial

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Just Like Any Good Recipe, Alberta’s Climate Leadership Plan Has a Little Bit of Everything

November 24, 2015

On Sunday, November 22, 2015, just days before the United Nations conference on climate change in Paris, Alberta released its Climate Leadership Plan (Plan) together with the Climate Leadership Report (Report) upon which it is based. The Plan represents a dramatic and fundamental shift in Alberta’s approach to climate change and greenhouse gas (GHG) issues. Highlights include: Early phase-out of…

British Columbia Modernizes Franchise Law

November 23, 2015

On November 17, 2015, Bill 38, the British Columbia Franchises Act (B.C. Act), received royal assent. The B.C. Act provides a substantially similar regime to franchise legislation in other Canadian jurisdictions; as such, although this is a significant change in the regulation of franchises in B.C., we anticipate only a minor impact on franchises operating in multiple provinces, including British…

U.K.’s Revised Law on Liquidated Damages Clauses Could Mean Similar Changes for Commercial Contracts in Canada

November 12, 2015

Last week, the U.K. Supreme Court (UKSC) changed the law on liquidated damages clauses (LDCs), giving parties greater freedom to decide on damages for contractual breaches. The case may cause Canadian courts to revise the law in a similar manner and provide parties with greater flexibility for predetermining damages in commercial contracts — a change which many parties would welcome….

Broad Changes to Ontario Corporate Law Recommended

August 4, 2015

  A panel of legal practitioners and academics appointed by Ontario’s Ministry of Government and Consumer Services (Panel) has recommended potential updates and revisions to a number of corporate and commercial Ontario statutes in a June 2015 report entitled Business Law Agenda (Report).   The Report considers 19 different corporate and commercial Ontario statutes, including the Business Corporations Act (Ontario)…

“The Donald” Trumps Condo Buyers by Avoiding Trade-mark Licensor Liability

July 22, 2015

  United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate affiliates to use Mr. Trump’s name and trade-marks for the 70-storey mixed-use TRUMP TOWER complex in downtown Toronto.    BACKGROUND   In Singh v. Trump (Singh), the developer…

2015 Federal Budget – Selected Tax Measures

April 22, 2015

  On April 21, 2015, the Minister of Finance presented Canada’s long-awaited 2015 Federal Budget (the 2015 Budget). The 2015 Budget includes a number of taxpayer-friendly measures, including limited relief from Canadian source withholding requirements for some non-resident employers, extension of accelerated tax depreciation rates for machinery and equipment and a phased-in decrease in the small business tax rate. However,…

Ontario to Adopt Cap-and-Trade System, Joining Quebec and California Carbon Market

April 16, 2015

  The Ontario government has signed an agreement with Quebec to create a joint cap-and-trade system to reduce greenhouse gas (GHG) emissions. In its announcement, Ontario has indicated that it will impose a hard ceiling on the amount of GHG emissions that is allowed to be produced by each sector of the economy. By linking Ontario’s system with Quebec’s and…

C$1.1-Million Penalty Issued Under Canada’s Anti-Spam Law

March 6, 2015

  BACKGROUND   On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first Notice of Violation under Canada’s Anti-Spam Legislation (CASL), which included a C$1.1-million administrative monetary penalty (AMP).   The Notice of Violation was issued against Compu-Finder, a Quebec-based corporate training services provider. The CRTC alleged that between July 2, 2014 (the day after CASL…

Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

February 17, 2015

  A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered trade-marks. It also addresses new constitutional challenges to this legislation.   In Quebec v. 156158 Canada Inc., 24 anglophone merchants in the Montréal area challenged…

Reminder: CASL’s Software Installation Provisions Take Effect on January 15, 2015

January 14, 2015

  Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting malware and will impact companies that install computer programs even where there is no improper purpose. As a result, many businesses, including those outside of…

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