Category: Litigation & Dispute Resolution

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Canada Imposes Sanctions Against Saudi Arabian Nationals

December 4, 2018

On November 29, 2018, Canada’s Minister of Foreign Affairs announced sanctions against 17 Saudi Arabian nationals. The individuals have been designated in the regulations made under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML). SML authorizes the government to designate foreign nationals or foreign public officials (or their associates) who, in the government’s view, are…

Arbitration Demystified

November 28, 2018

Arbitration has a number of advantages and some disadvantages for the resolution of domestic and international commercial disputes. This interactive session is intended to answer questions that in-house legal and business personnel engaged in arbitration often have or might wonder about. It will also focus on practical considerations that influence the choice of litigation or arbitration, or that affect process…

Alberta Securities Commission Announces New Whistleblower Program

November 26, 2018

On November 20, 2018, the Alberta Securities Commission (ASC) announced the creation of its whistleblower program (Program) through the adoption of ASC Policy 15-602 Whistleblower Program (Policy) and accompanying amendments to the Alberta Securities Act (Act). The Office of the Whistleblower was established to oversee and enforce the whistleblower legislation. The Program’s goal is to facilitate reporting in order to…

Cy-Près Love: B.C. to Impose Requirements for Charitable Distributions of Funds from Class Proceedings

November 22, 2018

On November 19, 2018, the Government of British Columbia introduced Bill 57, Attorney General Statutes Amendment Act, 2018 (Bill), in the legislative assembly for first reading. If passed, the Bill will amend the Class Proceedings Act to provide direction on how to allocate undistributed funds at the end of a class action. Historically, funds that were not distributed to the…

The Cutting Edge of Compliance: Best Practices and Recent Developments in Anticorruption, Investigations and Responding to Government Enforcement

November 15, 2018

Proactive anticorruption compliance programs, risk assessments and detailed due diligence practices can make the world of difference when engaging in global business transactions. Join us for a one-on-one discussion with Jonathan Drimmer, Deputy General Counsel at Barrick Gold, to hear his first-hand experience on the cutting edge of compliance and how proactive efforts can safe-guard your business in foreign jurisdictions….

Second Time’s A Charm: SCC Gives the Green Light to National Securities Regulator

November 12, 2018

On November 9, 2018, the Supreme Court of Canada (SCC) ruled that the proposed cooperative capital markets regulatory system (Cooperative System) is constitutional. The unanimous decision opens the door to a proposed pan-Canadian securities regulator that will exercise delegated authority from participating jurisdictions. Under the proposed Cooperative System, a single regulator – the Capital Markets Authority (Authority) – would receive…

Ain’t That Sweet! Court Excludes Equity Sweeteners from Criminal Interest Rate Calculation

November 1, 2018

The Supreme Court of British Columbia (Court) has clarified the potential application of Canada’s prohibition against charging criminal interest to arm’s-length commercial lending transactions that include mechanisms to capitalize on the borrower’s future growth through equity “sweeteners” or “kickers.” In its October 26, 2018 decision in Cirius Messaging Inc. v. Epstein Enterprises Inc., the Court held that the criminal interest…

USMCA Eliminates Investor-State Arbitration for Canada – What It Means for Investors

October 4, 2018

On September 30, 2018, Canada, Mexico and the United States announced that they had reached an agreement on a new treaty, the United States-Mexico-Canada Agreement (USMCA), which will replace the North American Free Trade Agreement (NAFTA) that has been in force since 1994. While the trade provisions of the USMCA have been garnering the most attention, the USMCA contains notable changes…

The Future of Canadian Corporate Criminal Enforcement: Deferred Prosecution Agreements Now Available in Canada

September 21, 2018

Recent amendments to the Criminal Code signify an important development in Canada’s white-collar enforcement landscape. The new amendments, which came into effect on September 19, 2018, establish a Canadian deferred prosecution regime. Prosecutors will now have the option of entering into “remediation agreements” (RAs) with companies accused of offences. RAs are the Canadian equivalent of American and U.K. deferred prosecution…

The Danger of Delays: Alberta Court Strikes Lingering Lawsuit

September 17, 2018

The Court of Queen’s Bench of Alberta (Court) in Altex International Heat Exchanger Ltd. v. Foster Wheeler Limited (Foster Wheeler Limited) recently reaffirmed that it will carefully scrutinize lingering actions. In Foster Wheeler Limited, the Court dismissed an almost 18-year-old action for delay. Blakes successfully represented Foster Wheeler Limited (Foster Wheeler) in this matter. BACKGROUND The plaintiff brought a claim…

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